Regulation Of Minister Research Articles

Responsibility of Land Deed Officials: Implications of Legal Convergence on the Harmonization and Integration of Collateral Law and Telematics Law

The dynamics of the convergence of telematics law within the national legal system, notably in the area of land, are represented by the Minister of Agrarian Affairs and Spatial Planning's Regulation Number 5 of 2020, which also serves as the head of the National Land Agency. One of the effects of land digitization is the Ministerial Regulation, which has changed the mortgage rights registration process from a traditional system to an electronic or digital one. Despite being virtual, the digitalization of Mortgage Rights registration involves actual legal actions with clear legal ramifications. The Land Deed Official is directly involved in the electronic execution of Mortgage Rights, which is governed by the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020. The objective of this study is to investigate the consequences of the convergence of the Law on Mortgage Rights and the Telecommunication Law. This convergence results in the creation of digital-based Mortgage Rights via an integrated Electronic Mortgage Registration system, which is also known as the Electronic Mortgage System. The role and obligations of the Land Deed Official are also affected by this. This study employs a prescriptive, normative-juridical methodology. Based on the research findings, it is known that the conversion of the collateral registration system from a traditional system to a digital system is affected by the convergence of telematics legislation and the law of collateral guarantees. Because of the discord and breakdown of the Mortgage Law, the Electronic Information and Transactions Law, and the Regulations of the Land Deed Official, this also affects the status and legal obligations of the Land Deed Official, who fails to maintain the principle of justice..

Juridical Review of The Issuance of Ministerial Regulations without Any Delegation from The Law

Ahead of the syncronous Regional Elections (Pilkada) that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected. Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.

Kompetensi Manajerial Kepala Sekolah Dalam Mengembangkan Kinerja Guru

This study aims to explore and analyze the contribution of principals' managerial competencies in the development of teacher performance, focusing on five core competencies: personality, managerial, entrepreneurship, supervision, and social, as stipulated by Ministerial Regulation No. 13 of 2007. Using a descriptive method with a qualitative approach, the research was conducted at SMKS Yusuf Abdussatar, Kediri District, West Lombok, by collecting primary data through in-depth interviews, observations, and documentation. The results show that the principal plays a crucial role in planning, organizational development, leadership of teachers and staff, management of facilities and infrastructure, and creating a conducive work culture, all of which significantly contribute to the improvement of teacher performance. This study provides a deep understanding of the importance of managerial competencies in achieving educational goals and offers practical strategies for principals and policymakers to enhance the quality of education through the development of managerial competencies.

Kajian Yuridis terhadap Kerugian yang ditimbulkan Akibat Kecelakaan Perkeretaapian Berbasis Nilai Keadilan

Railway transportation is one of the mass transportation modes widely used by the Indonesian people. However, train accidents often occur and cause losses to the victims. Therefore, the value of justice becomes very important as a basis for examining the issue of losses due to train accidents. This research aims to analyze the regulation of liability and compensation related to railway accidents in Indonesian law and evaluate whether these regulations are based on the value of justice. This research is a normative legal research that analyzes the relevant laws and regulations using a statutory and conceptual approach. The type of data used is secondary data in the form of primary legal materials such as laws and government regulations, as well as secondary legal materials such as books and journals, using analytical-prescriptive descriptive qualitative analysis methods. The research results explain that the regulation of liability and compensation related to railway accidents in Indonesia is regulated in several laws and regulations such as the Railway Law, Government Regulations, and related ministerial regulations. In general, these regulations require railway facility operators to provide compensation to service users who suffer material and immaterial losses due to accidents caused by the operator's fault. The amount of compensation is determined based on the calculation of losses suffered by the victim, considering factors such as medical expenses, loss of property, and physical or psychological suffering. Although it attempts to accommodate the values of justice, there are still shortcomings in terms of unclear criteria, types, and amounts of compensation that must be given, as well as the potential for differing interpretations or inconsistent implementation, which could lead to injustice for accident victims.

Normative Approach in Forestry Law Enforcement in Papua Province: Challenges and Opportunities for Indigenous Peoples’ Participation

This study uses a normative-juridical approach to examine the enforcement of forestry crime laws in Papua Province. The research focuses on implementing Article 76 of Papua Perdasus No. 21 of 2008, which outlines legal enforcement mechanisms in the forestry sector. The regional government is responsible for preparing forestry police officers in Papua and involving customary law communities in forest protection efforts. These communities can act as Swakarsa forest police, participating in forest security within their customary areas. Additionally, the study highlights the role of Ministerial Regulation No. P.56/Menhut-II/2014, which governs the formation of the Forestry Police Partner Community (MMP). The MMP consists of local community groups collaborating with the Forestry Police to safeguard forest areas. Their duties include assisting in forest patrols, securing forest protection infrastructure, disseminating information on forestry, and reporting any threats or security disturbances. The MMP also plays a role in arresting suspects caught in the act and securing evidence for immediate handover to the forestry police or Civil Servant Investigators. This collaborative approach strengthens forest law enforcement by integrating local community participation in safeguarding forests.

Debtors Responsibilities in Subsidized Home Loan Takeovers Based on Indonesian Ministerial Regulation Number 26/PRT/M/2016

The transfer of ownership for Subsidized Home Ownership Loans (KPR) is prohibited unless the property has been occupied for over 5 years. Despite this rule, violations frequently occur, highlighting gaps in enforcement and a lack of debtor responsibility in credit repayment. This study addresses two main questions: 1) What are the responsibilities of debtors in taking over subsidized KPR based on Regulation Number 26/PRT/M/2016 at Bela Berlian 3 Housing, Kampar Regency? 2) What are the legal consequences for debtors in such takeovers? Using empirical legal research with primary data, the study found that debtors often fail to meet their obligations, including the misuse of bank funds intended for housing debt repayment. This leads to defaults and breaches of contract. Unauthorized takeovers may result in the withdrawal of KPR subsidies, but enforcement remains inconsistent, causing legal uncertainty for new debtors. The research calls for stronger enforcement to prevent unauthorized KPR ownership transfers.

Implementation of Minister of Transportation Regulation No. 819 of 2018 by the Harbormaster Office and Port Authority: Challenges, Communication Strategies, and Fishermen’s Reactions in Dumai City, Riau Province

The waters of Dumai City, Riau Province, serve as an international transportation route with a strategic position in economic and industrial growth. Minister of Transportation Regulation No. 819 of 2018 was issued to regulate shipping zones and ensure the safety of port service users. However, this regulation has sparked numerous complaints from the public, particularly fishermen, due to livelihood restrictions that directly increase operational costs. To address these negative reactions, the Dumai Port Authority Office (KSOP) plays a significant role by implementing various measures in enforcing Ministerial Regulation No. 819 of 2018. This study aims to understand the communication strategies used by the Dumai Port Authority Office, especially in coordinating with stakeholders. This research uses a qualitative method, gathering data through observation and interviews. The results show that the Dumai Port Authority Office, along with the Class I Dumai Navigation District, PT Kilang Pertamina Internasional, and PT Wilmar Cahaya Asia, has a strategic role with the ability to influence policy direction and implementation. The Dumai Port Authority Office adopts strategies that involve collaboration with strategic partners, annual outreach programs, the distribution of social assistance and life jackets to the fishing community, and cooperation with relevant agencies and government institutions, including the Water Police, to monitor vessels violating regulations. Additionally, KSOP involves the participation of the community and companies, including the certification and standardization of maritime safety instruments. This study contributes to the discussion on the effectiveness of communication strategies in maritime policy implementation, where this approach can enhance understanding and acceptance of regulations within the maritime community.

The Position of Land Ownership Certificates in Settlement of Inheritance Disputes

Land is one of the basic human needs. This article is motivated by the lack of legal certainty regarding land ownership. Many land disputes continue to arise due to inappropriate locations or boundaries, such as duplicate certificates. A certificate of ownership is a copy of the land register and its dimensions, if accompanied by a cover paper, the form of which is determined by ministerial regulations. The aim of this research is to understand certificates as proof of rights and title to land. The method used in this research uses a normative method, by analyzing existing legislation and literature. Based on the large number of cases related to land, it can be concluded that ownership of a land certificate is an important basic proof of land ownership. Ownership rights to land remain with the owner as long as the owner does not release or surrender his rights

A Maintenance Cost and Work Performance Analysis on Irrigation Network at Kaubun Irrigation Area of East Kutai Regency, Indonesia

An irrigation network maintenance is an effort to maintain and secure the irrigation network to be always ready and well functioned. In facilitating its operational implementation and maintain its sustainability cycle, it can be attained through maintenance, repair, prevention, and security activities that must be conducted in continuity. The Kaubun irrigation area is one of the irrigation areas under the authority of central government with area length of 1,150 Ha (standard area) and 736 Ha (functional area), located in the East Kutai Regency. The Kaubun irrigation area has 1 (one) weir or dam and 2 (two) main canals. The irrigation network maintenance has not been carried out in routine and periodical ways either by the East Kalimantan Provincial Government or by the East Kutai Regency Government. Sediment accumulation is one of the main problems found in the secondary irrigation canal and able to cause canal blockage, reduced water flow capacity and increased infrastructure damage. This research was carried out by evaluating the Irrigation Network System and observing several factors causing channel damage with a guidance from regulation of Minister of Public Works and Public Housing Number:12/PRT/M/2015 on date 6 April 2015, regarding Exploitation and Maintenance of Irrigation Network. Result of the research showed that recapitulation of the work performance index for Kaubun Irrigation Network System was obtain the largest optimum value in Physical Infrastructure aspect with an index value of 29.01. Meanwhile, the result from main treatment priority by employing Analytic Hierarchy Process (AHP) method found the Physical Infrastructure aspect has a limiting value of 0.462. Finally, the routine and periodical maintenance costs for the Kaubun irrigation area is IDR.3.753.835.675.00

Unexpected social change: The transformation of the Pati Regency’s coastal community due to the Indonesian government’s trawl restriction policy

Abstract Indonesia’s developmental endeavors, with a focal point on Java Island, presented an overarching concern for the excessive depletion of its coastal and maritime reservoirs. This fundamental notion laid the groundwork for Indonesian governmental actions in 2015 under the stewardship of Minister of Marine Affairs and Fisheries Susi Pujiastuti. During this period, a proactive measure was introduced, entailing the imposition of fishing limitations within the Northern Java Sea vicinity. Embodied within the Ministerial Regulation of Marine Affairs and Fisheries No. 2 of 2015, the restriction of Deploying Trawl and Seine Nets within Indonesian Fishery Management Zones became a tangible manifestation aimed at upholding the preservation of coastal and maritime resources. After an approximate span of eight years since the enforcement of this policy, noteworthy transformations have transpired within the northern Java capture fisheries sector. Comprehensive interviews, meticulous observations, and scrutiny of documents within the Pati Regency (particularly in the Juwana sub-district) within the Central Java province revealed discernible shifts within coastal communities in a relatively brief span. Employing the social-ecological system framework, an analytical lens was cast upon the repercussions of this governmental restriction policy on the circumstances of the Juwana sub-district’s coastal communities, notably the fishermen. The curtailment imposed on fishing apparatus compelled fishermen to modernize and enhance the efficiency of their equipment. The evolving working ethos of the community trended toward collective endeavors and opportunistic pursuit of commercial prospects. Nevertheless, simultaneous challenges surfaced, including societal disparities amidst coastal communities, the marginal involvement of local governance, and the plausible peril of ecosystem detriment beyond the initial boundaries.

COMPARISON OF OZONATION (O3) AND AOPS (O3/H2O2) IN PURIFICATION OF WELL WATER IN KLUMPRIT VILLAGE, CENTRAL JAVA, INDONESIA

Water is a very important need for human life. The need for clean water has increased due to changes in people's behavior during the COVID-19 pandemic. Despite the increasing need for clean water during the pandemic, access to it remains unequal. One of the areas with poor water sources is Klumprit Village, Nusawungu, Cilacap, Central Java, where the water is cloudy, yellow in color, and a rustic smell. According to the Regulation of Ministry of Health of the Republic of Indonesia Number 32 of 2017, water that is suitable for sanitation needs is water that is odorless, tasteless, not cloudy or has a low level of turbidity. Ozone is an environmentally friendly technology because it does not produce harmful by-products. In addition to ozone, the production of clean water can use Advanced Oxidation Processes (AOPs) with (O3/H2O2). The existence of H2O2 will increase the ability of ozone in the production of clean water or water purification. In this study, ozonation and AOPs (O3/H2O2) were carried out to purify the yellow and cloudy well water in Klumprit Village, Cilacap, Central Java as an effort to improve public health during the COVID-19 pandemic. The research method was to compare ozonation and AOPs (O3/H2O2). The study will include variations in pH levels, specifically neutral pH (untreated sample) and alkaline, as well as different concentrations of H2O2. The experimental data included Fe and Mn content in water before and after the treatment process. Based on the results of this study, it was found that the yellow color of the groundwater in Klumprit village is caused by high levels of manganese (Mn). The lowest concentration of Mn was achieved after 60 minutes of ozonation at an alkaline pH of 9, with a concentration of 0.266 mg/L. The iron (Fe) content showed fluctuation for both treatment methods, ozonation (O3) and advanced oxidation processes (O3/H2O2).

KAJIAN KAPAL BERBENDERA INDONESIA YANG MELAKUKAN PENANGKAPAN IKAN TANPA SURAT IZIN PENANGKAPAN IKAN ANDON DITINJAU DARI UNDANG-UNDANG PERIKANAN

Andon Fishing Permit is a written permit that must be owned by every fishing vessel to catch fish outside its administrative domicile area, but there are still parties who catch fish outside their domicile without an Andon SIPI as in Decision Number 23/Pid.Sus-PRK/2021/PN Lbj. The problem is 1) How are fishing business activities carried out by Indonesian-flagged vessels without an Andon Fishing Permit in Decision Number 23/Pid.Sus-PRK/2021/PN Lbj. reviewed from the Fisheries Law? 2) Is the Decision of the Labuan Bajo District Court Number 23/Pid.Sus-PRK/2021/PN Lbj. in accordance with the Fisheries Law? This normative legal research. The research shows that fishing outside the administrative domicile without an Andon Fishing Permit (SIPI) is prohibited under Law Number 45 of 2009 in conjunction with Ministerial Regulation KP Number 25 of 2020. Decision Number 23/Pid.Sus-PRK/2021/PN Lbj. aligns with Article 27 paragraph 1 of the Fisheries Law 2009. The conclusion is that fishing without a permit violates the Fisheries Law, and the court's decision complies with the legal provisions.

Monitoring and Evaluation Function of BPKN RI regarding Consumer Protection Issue in Housing Sector

The National Consumer Protection Agency of the Republic of Indonesia (BPKN RI) is a bureaucratic body derived from the Ministry of Trade that focuses on handling consumer problems in Indonesia. The paper further examines what makes the housing sector have a high level of complaints at BPKN RI, what types of complaints are filed by consumers and how the form of monitoring and evaluation functions within the scope of BPKN RI in solving problems given by BPKN RI to consumers. This research uses a qualitative method by conducting direct interviews with staff of the Advocacy Division of BPKN RI. The findings obtained are that the monitoring and evaluation of BPKN RI is quite optimal, especially for problems in the housing sector. The number of incoming cases had shown a high number due to the pandemic situation. BPKN RI's evaluation function runs quite well with the achievement of BPKN RI's recommendations being able to become the main basis for the formation of PUPR Ministerial Regulations to protect consumer rights in Indonesia.

Contact lenses as a preferred choice for vision correction in various clinical scenarios with regard to work environment

Amendment to the Regulation of Minister of Labour and Social Policy of 1 December 1998 on safety and occupational hygiene at positions equipped with display monitors, adopted on October 18th, 2023, entered the long-awaited by employees possibility of reimbursement for corrective contact lenses, adjusting the Polish legislation to European directive regulating working conditions with display screen equipment. Contact lenses in many cases of refractive errors can be an alternative to prescription glasses method of correcting the visual impairment. There are however many clinical conditions, in which contact lenses can provide a better corrective effect on visual acuity. The information contained in medical databases of articles and scientific journals (PubMed, Biblioteka Nauki), online publications (Lippincott Journals), books, applicable legal regulations (available in Internetowy System Aktów Prawnych) and guidelines published by organizations and associations (Nofer Institute of Occupational Medicine in Łódź, Occupational Safety and Health Administration, Tear Film & Ocular Surface Society) were analyzed, covering the discussed issues over the years 2000-2023. Non-correction or suboptimal correction of a refractive error can cause a wide variety of troublesome symptoms, such as eye pain, headache, double vision, balance disorders, nausea, disturbances in the perception of the surroundings, contributing to poorer work efficiency, faster fatigue or an increased risk of error. This article, which is a narrative review, aims to present these conditions, as well as provide a brief overview of the types of contact lenses used, complications that may result from their use and contraindications to the use of this type of correction. Med Pr Work Health Saf. 2024;75(4):383-390.

Women Empowerment in Sustainable Tourism Development in Tenganan Pegringsingan Tourism Village, Karangasem, Bali

This research was conducted with the aim of identifying the dimensions of empowerment, especially in the Tenganan Pegringsingan Tourism Village and to see the relationship between the dimensions of women's empowerment and the elements of sustainable tourism destination development according to Tourism and Creative Economy Ministerial Regulation Number 9 of 2021 concerning guidelines for developing sustainable tourism destinations. The exploratory factor analysis method was used to analyze the data that had been collected using a purposive sampling technique with a total of 140 samples. The results of the research show that 7 (seven) new dimensions have been formed that can describe women's empowerment in Tenganan Pegringsingan Village. The seven dimensions formed have fulfilled the elements that can support the realization of a sustainable tourism destination in the Tenganan Pegringsingan Tourism Village in accordance with the guidelines for developing sustainable tourism destinations.

Aircraft Age Limitation versus Three Indonesian Fatal Air Accidents in HFCAS Perspective

An aircraft deemed to be airworthy, not limited by aircraft age but by well maintenance and by the operation of the aircraft. The investigation by KNKT between 2014 -2021 found no statement related of aircraft aging like material fatique or other phrases. The latent errors started with repetitive failures which were not solved as early as possible. Three fatal accidents involved aircrafts with age of 27, 6 and 1 year old, all below the Minister Regulation No. 160 (2015) which stated maximum age was 30 years. The cancelation of Minister Regulation No. 027 (2020) is the correct decision from Indonesian Government as per other countries policy in term of aircraft airworthy not affected by aircraft aging. The cancelation empowers the technology innovation for old aircraft to be remanufactured which is common practise in other countries, latest technology innovation, safe operation, sustainability by reserving raw material of natural resources from scarcity. Incosistency regulations about aircraft age limit which operated since beginning in Indonesian airspace, showed that the regulations were made not based on academic or research approach.

Construction Safety in Girder Installation Work on Cibitung – Cilincing Toll Road Construction Project

Toll road development, in its implementation, has a relatively high risk of work accidents, and it cannot be denied that work safety management is still weak and there is a lack of awareness about the magnitude of the risks that threaten workers. Girder erection work is included in high-risk work. The method used is HIRADC, according to PUPR Ministerial regulation No. 10 of 2021 concerning SMKK guidelines. This study aims to identify hazards, make risk level assessments, and make risk control efforts that can reduce the risk level of work accidents in girder installation work at the Cibitung – Cilincing Toll Road Construction Project. The limitation of the problem is that the research location only focuses on Section 4 of Sta 33+150, the Cibitung – Cilincing Toll Road Construction Project on the P2 – P3 JU Cakung Drain Pillar Span with the girder installation process using a Gantry Launcher. This study uses a qualitative research approach with a descriptive form to determine the possibility and the consequences that will occur, as well as control the hazard to reduce the possibility and severity. In this study, there are 2 data collection techniques: Primary Data (Observation, Interviews were conducted with 3 sources, K3 Experts, and a Questionnaire was conducted related to risk assessment of the likelihood and severity values) and Secondary Data. This research's novelty lies in using tools during the girder lifting process because the girder length is 50.8 m, and the danger factors are different. The questionnaire data collected found that implementation of the girder installation work identified 52 hazards, with a large level of risk are 20 hazards (38.46%) and medium risk levels are 32 hazards (61.54%). Control efforts by means of engineering, administration and personal protective equipment (PPE) found a decrease in the level of high risk and the level of moderate risk is no longer found, and the level of small risk becomes as many as 52 hazards (100%). So, it can be concluded that the results of the risk level assessment have been better than before.

Juridical Study of Ownership of Ownership of Flats by Foreign Citizens Based on Government Regulation Number 18 of 2021 concerning Land Rights Management Rights for Flats Units and Land Registration

This study aims to determine and understand the Ownership of Usage Rights of Apartment Units by Foreign Citizens Based on the Theory of Benefit. The research methods used include a statute approach and a conceptual approach, a type of normative legal research, with data collection methods through library surveys and qualitative legal analysis. The results of the study indicate that Government Regulation Number 18 of 2021 provides a legal basis for foreign citizens to have usage rights over apartment units in Indonesia but does not provide full ownership rights, this regulation provides legal certainty and clear procedures, which are expected to be further elaborated in the Ministerial Regulation. The Indonesian government needs to consider allowing foreign citizens to have ownership rights over apartment units by considering the various benefits that can be obtained. This step can increase foreign investment, encourage economic growth, improve property quality, stabilize the property market, increase state revenues, and support infrastructure development. With proper regulation and strict supervision, this policy can provide significant benefits to the Indonesian economy and society as a whole.

Penguatan Peran Kantor Pelayanan Perbendaharaan Negara sebagai Financial Advisor melalui Implementasi Knowledge Management

This study aims to determine whether knowledge management is needed to improve the competence of the State Treasury Services Office (KPPN) employees related to their role as Financial Advisors. This research uses a qualitative approach with descriptive and observation methods by identifying knowledge management support activities that KPPN employees have carried out. The observation results were analyzed using building block knowledge management and SWOT analysis. This research reveals that leadership commitment is one of the main supporting forces in implementing knowledge management. The commitment of the leadership of the Ministry of Finance has provided its commitment with the issuance of a finance ministerial regulation governing the implementation of knowledge management within the Ministry of Finance. This research has also identified that the activities carried out by KPPN employees support the implementation of knowledge management through sharing knowledge as a culture. Consequently, it provides an understanding of the importance of implementing knowledge management as a strategy to strengthen the role of KPPN as a Financial Advisor in good, efficient, and effective state financial governance. This research implies the need to develop a knowledge management design at KPPN and support policies for rewarding employees who have contributed to documenting their tacit knowledge into explicit knowledge.

Quality Analysis of The Road Widening Project Towards Standards for The Grobogan Road Section - Jember District Limit (Link. 199)

Roads are a land transportation route that has been used since ancient times as a means for people to move places using existing transportation. In road construction efforts, it is necessary to have Standard Operating Procedures, or SOPs, that are used with the aim of improving worker performance, ensuring road quality, increasing profits, and company development. SOP is a method or work flow that has been standardized, is used as binding and directive instructions, and covers things from an activity that has steps or procedures. Currently, there are still many road work projects that are carried out without paying attention to existing SOPs, and this means that the quality of the concrete roads being made does not comply with applicable standards, which means that some parties may experience losses. There needs to be a good understanding of how SOPs comply with standards so that they can produce concrete of maximum quality. This writing was prepared using an analytical method using a literature study that refers to the Indonesian National Standards (SNI) and the PUPR Ministerial Regulation (Regulation of the Minister of Public Works and Public Housing).