Regulation Of Article Research Articles

Pengancaman di Media Elektronik dalam Hukum Pidana Islam termasuk Jarimah Ta’zir

Threats are a crime. Nowadays, threats are often made through electronic media. Threats through electronic media violate the Electronic Information and Transactions Law as in the case that was decided by the judge in decision Number 796/Pid.Sus/2021/PN Jkt.Pst. The main problem raised in this study is how to analyze Islamic criminal law in criminal cases of threats through electronic media as in the judge's decision Number 796/Pid.Sus/2021/PN Jkt.Pst. The purpose of this study is to understand the act of threats through electronic media in Islamic criminal law. This research is a normative juridical research. The type of data is qualitative data. The data source is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out through literature studies, while data analysis was carried out descriptively. The results of the study show that threats through electronic media as in the decision of judge Number 796/Pid.Sus/2021/PN Jkt.Pst are subject to sanctions based on the provisions of the regulations in Article 29 in conjunction with Article 45 B and Article 27 paragraph (4) in conjunction with Article 45 paragraph (4) of Law Number 19 of 2016 concerning Amendments to Law 11 of 2008 concerning Information and Electronic Transactions. In Islamic criminal law, the act of threatening through electronic media is also a criminal act. In Islamic criminal law, this criminal threat is included in the category of Ta'zir crimes. The provisions of the sanctions are determined by the judge or ulil amri.

Kepemilikan Rumah Hunian Oleh Orang Asing Diatas Hak Milik

The need for residential housing for foreigners who reside is a basic right that should be considered. Foreigners who have competencies in the field of tourism, managers, and other expertise for the Indonesian state are very realistic because the knowledge of foreigners' work skills for progress is mostly owned by foreigners. Indonesia as a country that will lead to progress is in dire need of knowledge and skills in various fields of technology, management and increasing resources both human and natural resources. The research method is carried out with the type of normative legal research method, with the source of primary legal material Government Regulation of the Republic of Indonesia Number 103 of 2015 concerning Ownership of Residential Houses or Occupancy by Foreigners Residing in Indonesia, and other laws and regulations related to the issues discussed. While secondary legal materials are library books, journal articles on line journal system, scientific papers, and reviews in the mass media and others. The results of the study indicate that there is conformity between the Republic of Indonesia Government Regulation Number 103 and the Republic of Indonesia Government Regulation in Article 4 letter a and number 1 of Number 10 of 1996 concerning Cultivation Rights, Building Rights and Land Rights Article 39 letter e and land objects Article 40 letter c, as well as the Republic of Indonesia Government Regulation Number 18 of 2021 concerning Land Management Rights, Land Rights, Flat Housing Units and Land Registration Article 49 paragraph (1).

Legal Certainity of The Probationary Period Regulation For Employees of Regional Water Company

The legal conflict regarding the probationary period between the Employment Law and the Ministry of Home Affairs Regulation concerns the regulation of the probationary period, where the Employment Law stipulates that the probationary period should not exceed 3 (three) months. However, the Ministry of Home Affairs Regulation states a minimum of 3 months and a maximum of 6 months for the probationary period. Based on this, the research question of this paper is formulated as follows: What are the provisions of the Probationary Period in Article 33 Paragraph (2) of the Minister of Home Affairs Regulation on the Organization and Personnel of Regional Drinking Water Companies in terms of the Principle of Legal Certainty? The writing of this paper uses a normative juridical method with the Statue Approach and Analytical Approach. In analysing this research, several theories are employed, including the theory of legal certainty, the theory of norm hierarchy, and the theory of norm conflict. The researcher obtains answers to the existing problems by analysing the legal certainty of the probationary period regulation. In terms of the theory of legal certainty by Jan Michiel Otto, it aligns with Lord Lyod's opinion on the meaning of legal certainty, which is consistent, stable, and clear. The regulation in Article 33 Paragraph (2) of the Ministry of Home Affairs Regulation does not meet the principle of legal certainty. While the regulation in the Ministry of Home Affairs Regulation in Article 33 Paragraph (2) is consistent and clear, it lacks consistency. This is because the regulation should comply with labour laws where the maximum probationary period is 3 months, while in the Ministry of Home Affairs Regulation, the probationary period is a minimum of 3 months and a maximum of 6 months.

Analysis of Legal Certainty in Determining the Position, Duties, and Responsibilities of Temporary Notary Officials

The position of a Notary is a crucial part of the Indonesian state that adheres to the principles of a legal state. The Notary is the only public official authorized to create authentic deeds. An authentic deed is a document whose form is determined by the law or is created by or in the presence of a public official authorized for that purpose. This means that an authentic deed has a form stipulated by the law and is created by a public official designated by the law. In the course of performing their duties, notaries may sometimes be unable to fulfill their responsibilities due to reasons such as leave, illness, temporary impediment, or death. Therefore, to continue providing services and being accountable to the public, the position of Temporary Notary Official is established. The procedure for a Temporary Notary Official to perform the duties of a temporarily dismissed notary is explained in Article 80 of the UUJN: "(1) While the Notary is temporarily dismissed from his position, the Central Supervisory Board proposes a Temporary Notary Official to the Minister. (2) The Minister appoints a Notary who will receive the Notary Protocol from the temporarily dismissed Notary." Referring to Article 80 of the UUJN, it can be interpreted that if a notary is temporarily dismissed, the Regional Supervisory Board proposes a Temporary Notary Official to carry out the duties of the temporarily dismissed notary. However, with the development of the law, in 2014, Law Number 30 of 2014 or the UUJN Amendment was enacted, amending the previous UUJN which stated, "Temporary Notary Official is a person who temporarily serves as a Notary to carry out the duties of a Notary who has died." This change was made to ensure legal certainty, order, and protection and also because the UUJN was no longer in line with legal developments and the needs of society. However, the change in the definition was not accompanied by a change in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed. This leads to inconsistency in the law, as in the UUJN Amendment, the Temporary Notary Official is specifically designated to perform the duties of a deceased notary, but the regulation in Article 80 of the UUJN, where the Central Supervisory Board proposes a Temporary Notary Official while the Notary is temporarily dismissed from his position, remains unchanged

Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer Of Technology Regulation in Article 7 Trade Related Aspects of Intellectual Property Rights (TRIPs)

<p class="TableParagraph"><em>The purpose of this study is to analyze the Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer of Technology Regulation in Article 7 TRIPs. </em><em>This research is normative legal research by prioritizing statutory approaches and historical approach. The results of the study show that </em><em>Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is not by the mandate of Article 7 TRIPs, and implicated for the absence of government interference in technology transfer especially in the field of patents. The legal policy of establishing Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is influenced by the intervention of other countries and more inclined towards adjusting international trade politics than defending national interests. The most ideal arrangement regarding technology transfer is by the formulation of Article 20 Paragraph (2) Law Number 13 of 2016 concerning Patents, which in essence patents must support technology transfer. </em><em>Suggestions in this study for the lawmaker</em><em> should emphasize the necessity for technology transfer in the field of patents through licenses in Indonesian laws and regulations.</em></p>

Comparative Analysis of Objective Signs of Illicit Obtaining of a Loan under the Criminal Code of the People’s Republic of China and the Criminal Code of the Russian Federation

The global financial crisis and its consequences have now received a new round of development in both the People’s Republic of China and the Russian Federation. These events very clearly demonstrate their negative impact on society and its vital activity. And as a consequence of a difficult economic situation in these two countries, the credit and banking sector of the economy today is one of the most criminogenic. The paper is devoted to the analysis of the objective composition of the illegal receipt of a loan provided for in the Criminal Code of the People’s Republic of China and the Criminal Code of the Russian Federation. The author examines statutory regulation in Article 175.1 of the Criminal Code of the People’s Republic of China and Article 176 of the Criminal Code of the Russian Federation of mandatory signs in the context of the object, subject and other characteristics of the facts of the crime. The analysis of the legal provisions on illegal receipt of a loan indicates a number of problems related to understanding the immediate object of the crime in question, its subject and certain signs of the facts of the crime, as well as the existence of legislative gaps in the criminal law regulation of this crime in both countries. These are, first of all, the problems of legal benefits (the object of the crime) that are encroached upon by the illegal receipt of a loan, i.e., what will be its specific object and what will be the direct object; whether it is worth providing for an independent composition in relation to the state special-purpose loan with a special part; whether such negotiable documents (financial bills) as a letter of credit, accounting bills, a letter of guarantee, etc. should be included in the scope of the objects of this crime; whether there is a need to replace the norm «knowingly false information about the economic situation and financial condition» of Article 176 of the Criminal Code with the wording «deceptive method», etc. All these issues require a mandatory solution.

Regulation on the Authority to Address the Determination of Village Head Election Results as the Object of State Administrative Disputes Has Not Been Based on Justice Value

As for the definition according to Law Number 5 of 1986 article 4, the State Administrative Court is one of the executors of judicial power for the people seeking justice for State Administrative disputes. Apart from the State Administrative Court, other courts as executors of judicial power in Indonesia based on Law Number 48 of 2009 concerning Judicial Power, are the General Court, the Religious Court and the Military Court which culminate in the Supreme Court, as well as an independent Constitutional Court. The type of research used in this research is analytical descriptive. Descriptive research is a form of research aimed at describing existing phenomena, both natural phenomena and man-made phenomena. Judges in being accountable for decisions often also seek support from jurisprudence and science. Seeking support in jurisprudence does not mean that a judge is bound by or has to follow decisions regarding similar cases that have been handed down by the Supreme Court and the Court of Appeal, or that have been decided by him alone. Based on the results of the research and discussion that have been described in the previous chapters, the authors draw conclusions, suggestions, from the results of the research as follows: Weaknesses in the regulatory authority adjudicating the Determination of Village Head Election Results as the Object of the Current State Administrative Dispute, Weaknesses Regulations in Article 1 number 8 and number 9 regarding the understanding of State Administrative Agencies or Officials and State Administrative Decisions in the perspective of current Human Rights, namely that there are weaknesses in the legal structure, legal substance and legal culture.

Criminal Law Politics Renewal of The National KUHP Against the Criminal Actions of Lesbian, Gay, Bisexual, Transgender (LGBT)

Introduction: LGBT issues have returned to the surface following the World Pila event in Qatar, the earthquake in Cianjur and the ratification of the Draft Indonesian National Criminal Code. This study aims to analyze: Regulation of Lesbian, Gay, Bisexual, Transgender (LGBT) Obscene Acts in positive national Law, Legal Politics of Indonesian Criminal Law Renewal of Lesbian, Gay, Bisexual, Transgender (LGBT) Obscene Acts of Crime in law positives to come. Method: This study uses a normative juridical method. Result: 1) The crime of committing an act of violating decency with the same sex or often referred to as LGBT, the regulations in Article 292 of the Criminal Code are Positive Dutch Colonial heritage when studied and analyzed, these regulations are multi-interpretable, giving rise to various pros and cons in society, which interpret that fellow adults or fellow children can do LGBT if it is done voluntarily. 2) Legal Politics Renewal of Indonesian Criminal Law The Criminal Act of Lesbian, Gay, Bisexual, and Transgender (LGBT) Obscene acts in positive law will come according to the concept of Article 420 of the Criminal Code Bill-Sep-2019 by ignoring the three main pillars of the Nation, namely the Proclamation, Pancasila and the 1945 Constitution of the Republic of Indonesia, articles which are multi-interpreted and winged, so that these articles are not following the Nation's values which are based on the Basic values of Belief in the One and Only God. Conclusion: Legal Politics Renewal of Indonesian Criminal Law the Criminal Acts of Lesbian, Gay, Bisexual, and Transgender (LGBT) Obscene acts in positive law will come according to the concept of Article 420 of the Criminal Code Bill-Sep-2019 by ignoring the three main pillars of the Nation, namely the Proclamation, Pancasila and the 1945 Constitution of the Republic of Indonesia.

Analysis of the formation of laws and regulations in the Indonesian legislation hierarchy

The hierarchy of laws and regulations, as stipulated in Article 7 of Law No. 12 of 2011, shows the types and levels of laws and regulations in force in Indonesia. In addition to the hierarchy regulated in Article 7, Article 8 paragraph (1) of Law No. 12 of 2011 also regulates other types of laws and regulations that are legally recognized. The existence of laws and regulations in Article 8, paragraph (1) has reaped a number of problems. One of them is the position of the regulation in the hierarchy of laws and regulations and the identification of which state ministries/institutions are entitled to issue regulations as referred to in Article 8 paragraph (1) of Law No.12 of 2011. This paper is a normative research study that uses a conceptual approach and a statutory approach. The results showed that the types of laws and regulations recognized according to Article 8 paragraph (1) of Law No. 12 of 2011 should only include Bank Indonesia Regulations, Ministerial Regulations, and Regional Head Regulations. Furthermore, the existence of Article 8 paragraph (1) will have an impact on the ambiguity of the preparation of laws and regulations based on the concept of Good Regulatory Practices.

REFORM TYPES OF LEGISLATION REGULATIONS IN INDONESIA

The arrangement of the types and hierarchies of statutory regulations has been confirmed in Article 7 paragraph (1) of Law Number 12 of 2011. In addition to the provisions of Article 7 paragraph (1), it is also regulated in Article 8 paragraph (1) of the types of laws and regulations established by institutions/agencies/commissions. In Article 8 paragraph (2), it is emphasized that the laws and regulations as referred to in Article 8 paragraph (1) are recognized to exist and have binding legal force as long as they are ordered by more comprehensive legislation high or formed by authority. The expansion of the types of laws and regulations, as confirmed in Article 8 paragraph (1), if it is associated with the provisions of Article 7 paragraph (1), will cause problems. Whether the hierarchical provisions of the legislation in Article 7 paragraph (1) also applies to the provisions of Article 8 paragraph. This research aims to conduct a juridical analysis of whether the laws and regulations in Article 7 paragraph (1) of Law No. 12 of 2011 also apply to the provisions of Article 8 paragraph (1) of Law Number 12 of 2011. Thus, according to the author, the requirements of the hierarchy of laws and regulations as regulated in article 7 paragraph (1) cannot be applied to the laws and regulations stipulated in article 8 paragraph (1). The role of laws and regulations is critical to creating and maintaining harmonization and synchronization of laws and regulations in the sense that their types and hierarchies must be arranged. Hence, there are no conflicts in their implementation.

Pemberlakuan Arbitrase Secara Elektronik Sebagai Penyelesaian Sengketa Bisnis pada Masa Pandemi COVID-19

Adjustment of relations between parties and places of communication is not only pegged to space and time, this happens because of the sophisticated technology and ease of communication that has developed rapidly as a result of the big changes in the Industrial Revolution Era 4.0. The activity of resolving business dispute problems during this pandemic is greatly helped by the existence of electronic arbitration whose implementation process can be carried out using various existing arbitration institutions. Writing this journal aims to explain and urge the public that resolving business disputes can use arbitration institutions and be accompanied by legal force. Using normative and empirical legal research methods is the right solution in compiling this research, and taking a legislative and comparative law approach is expected to complete this research. As long as the provisions of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UUAAPS) goes hand in hand, so the electronic arbitration arrangements and procedures remain in effect. The need for Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions as the legal basis for supporting the provisions of Article 4 paragraph (3) of the AAPS Law is to strengthen the regulations in Article 4 paragraph (3) of the AAPS Law. So it can be concluded that carrying out Electronic Arbitration in Indonesia during the COVID-19 pandemic is very helpful for business actors to be able to resolve their disputes because the convenience of these electronic devices makes business actors more efficient in running their companies.

Pemberlakuan Arbitrase Secara Elektronik Sebagai Penyelesaian Sengketa Bisnis pada Masa Pandemi COVID-19

Adjustment of relations between parties and places of communication is not only pegged to space and time, this happens because of the sophisticated technology and ease of communication that has developed rapidly as a result of the big changes in the Industrial Revolution Era 4.0. The activity of resolving business dispute problems during this pandemic is greatly helped by the existence of electronic arbitration whose implementation process can be carried out using various existing arbitration institutions. Writing this journal aims to explain and urge the public that resolving business disputes can use arbitration institutions and be accompanied by legal force. Using normative and empirical legal research methods is the right solution in compiling this research, and taking a legislative and comparative law approach is expected to complete this research. As long as the provisions of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UUAAPS) goes hand in hand, so the electronic arbitration arrangements and procedures remain in effect. The need for Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions as the legal basis for supporting the provisions of Article 4 paragraph (3) of the AAPS Law is to strengthen the regulations in Article 4 paragraph (3) of the AAPS Law. So it can be concluded that carrying out Electronic Arbitration in Indonesia during the COVID-19 pandemic is very helpful for business actors to be able to resolve their disputes because the convenience of these electronic devices makes business actors more efficient in running their companies.

Prevention of Corruption in the Procurement Process of Government Goods and Services in The Digital Era

The purpose of this research is to undertake a legal analysis of the anti-corruption procurement process for government goods and services through the use of good governance. The research approach employed in this study is a normative juridical one, which involves studying legislative rules and examining corrupt activities that occur in the sphere of procurement of goods and services. The sources of law in this study are material law sources and traditional legal sources. Based on the analysis of legal authorities, it can be concluded that the criminal act of corruption in the procurement of government goods and services has violated the regulations in Article 2 paragraph (1) of Law No. 31 of 1999 and Law No. 20 of 2001 on Corruption. The implementation of good governance in preventing corruption in the procurement of goods and services is seen from two aspects, namely internal and external aspects. Internal elements include improving the quality of internal resources in government organizations and increasing accountability and transparency. In contrast, external elements increase community participation, legitimacy, and anti-corruption socialization through various media.

PEMBENTUKAN ANGGARAN PENDAPATAN DAN BELANJA DESA (APBDes) DALAM PRESPEKTIF GOOD GOVERNANCE

The scope of structuring an absolute democratic system is an effort to involve various elements such as from the government administration, residents and business owners who are tasked with creating an absolute government. The sector that plays the main role in creating a constitutional order that makes the basic foundation for carrying out services provided by regional leaders and ranks in accordance with state authorities (Encik Muhammad Fauzan, 2017: 251). The village is an area where there are people who inhabit and live and whose rights are protected by law, there are certain coordinate points as a sign of boundaries between areas of legal community units. The duties and responsibilities of the village government authorities are to run the government on a foundation for and by the people. This is stated in the regulation in article 1 point 1 of Law Number 6 of 2014 concerning Villages. Meanwhile, the village (hamlet) is defined as the administrator of the state which involves the affairs of the people as the driving force for the wheels of government (Sirajudin and Winardi, 2016: 336)

Legal Comparison against the Death Penalty Sanctions regulated in the Positive Laws of Indonesia and China

Corruption is a severe problem worldwide, so it takes a strict rule of law and strong law enforcement efforts to eradicate it. China's legal system has proven to be effective in reducing corruption among state officials. One of China's anti-corruption efforts is to impose harsh penalties on perpetrators, including the death penalty. In light of this success, this study will conduct a legal comparison with the death penalty, which is regulated in Indonesian and Chinese positive law. The type of research used is normative juridical with a conceptual and statute approach. The data processed in this study include primary data and secondary data with data collection techniques and management using a literature review. The findings of this study highlight the threat of the Death Penalty, as outlined in Article 2 Paragraph (2) of the Corruption Crime Act, which focuses on corrupt acts committed under certain conditions. In Indonesia, no one has ever been sentenced to death for corruption. The People's Republic of China's Criminal Law of the death penalty threat has existed since 1900 AD. Article 383 of the Chinese Criminal Code stipulates that anyone who accepts bribes is subject to the death penalty. A significant difference from this Comparison lies in the classification of capital punishment with a corruption amount of more than 50,000 Yuan and for bribery cases in Chinese regulations. Meanwhile, there is no such regulation in Article 2 paragraph (2) of the Indonesian Corruption Laws.

AI창작물의 특허보호 방안

Today's AI invention refers to cases where data preprocessing, such as data structures for learning which process collected data, learning model definitions required for learning, physical implementations, physical implementations performed by applying Deep Learning learning programs, and derived learning completion models (AI-based SW) are implemented in computer-like hardware in algorithmic form, and these AI inventions satisfy the establishment of invention and are included in a target to be patented. However, input data are input into the learning completion model (AI-based SW), and the AI creation in that the AI creates by the input data is not patentable because it is not the human invention but the invention generated by the AI, which is non-natural, under the current patent law. Therefore, there is a problem that the AI technology is not sufficiently patent-protected under the current patent law. In particular, there is various problems: (i) whether the AI creation created by the AI can be regarded as an invention created by humans (natural people), (ii) countries around the world recognize only humans as inventors, whether the AI can be recognized as an inventor, (iii) whether there is a way to recognize the AI as an inventor, (iv) whether there is a way to solve the problem of authority and duty as a rightful person, responsibility for exercise of rights, etc. that may arise if the AI is recognized as an inventor. In this article, we considered the revised plan of the Patent Act to include AI-generated creations as targets to be patented. As a result, the definition of invention under Article 2 of the Patent Act 1 will be specific to human inventions, such as Article 101 of the US Patent Act, and If there is a substantial "human contribution" for AI to create, not an artificial act of humans, the revised plan is needed to introduce AI-generated AI creations and definitions of AI inventions on the premise of that "human contribution." For those who are eligible for patents, it is needed to introduce a regulation in Article 33 of the Patent Act stating that the inventor for AI creations is to be the human on the premise of "human contribution."

RELEVANCE AND RELIABILITY OF AN EXPERT CONCLUSION AS A CRITERIA FOR EVALUATING FORENSIC EXAMINATION

Based on the analysis of special literature, regulations and forensic expert practice, the article considers the main provisions related to formation of criteria for evaluating a forensic expert report as a source of evidence in terms of their relevance and admissibility.
 Arguments are provided regarding the fact that if objects investigated by a forensic expert or solved tasks do not relate to materials of criminal proceedings, then, accordingly, a forensic expert report should be recognized as an irrelevant source of evidence.
 When assessing admissibility of a forensic expert report, it is crucial to establish whether a forensic examination was appointed and conducted in accordance with the procedural order. Such an evaluation criterion is supported by regulations of Article Four of the Fundamental Law of Ukraine: “On Forensic Science”, according to which independence of a forensic expert and validity of his findings are ensured by the procedure for appointing a forensic expert determined by law.
 It is argued that calling on a forensic expert as a witness for the purpose of clarifying and supplementing his report may lead to his withdrawal from the criminal process by means of recusal. An expert who has conducted forensic examination, interrogated as a witness, will not be able to participate in this criminal proceeding as a forensic expert in the future. If a forensic expert interrogated as a witness will carry out, for example, an additional forensic examination in this criminal proceeding in the future, then it may be recognized as inadmissible evidence, since it was conducted by a witness in this criminal proceeding, which is prohibited by law. That is, based on the regulations of the current criminal procedural legislation of Ukraine, a forensic expert can provide clarifications on the issues of forensic examination carried out by him in criminal proceedings only as a forensic expert and not as a witness.

Peculiarities of determining propriety of a party in public legal disputes on appealing decisions of medical and social expert commissions and military physician boards by the Ministry of defence of Ukraine

In the process of developing a legal democratic state on the way to European integration, the Ukrainian society and the state as a subject of law face the next tasks related to the implementation in national legislation, the state policy of standards and principles of international law, embodied, in particular, in the provisions of international agreements between Ukraine and the European community.
 One of the significant agreements that contributed to the revision of the conceptional approaches to law-making and enforcement activities in Ukraine is “The Agreement on Association between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand”, ratified Verkhovna Rada of Ukraine and the European Parliament on September 16, 2014. Under this Agreement, Ukraine undertook a number of commitments, in particular to increase the level of social protection of the population (Article 420 of the Agreement). In order to achieve this goal, among others an effective system of organizational and legal guarantees (means and measures) for ensuring social rights of citizens should be functioning in the state, which in turn should be based on the close cooperation of Ukraine with the European community in the field of justice, freedom and security with to ensure the rule of law and respect for human rights and fundamental freedoms of states (Article 1 of the Agreement). In accordance with the Regulations of article 14 of the Agreement within the framework of such cooperation, the state should attach particular importance to the establishment of the rule of law and the strengthening of institutions of all levels in the field of administration generally and law enforcement and judicial authorities in particular. Cooperation should be aimed, in particular, at strengthening the judiciary, improving its effectiveness, ensuring its independence and impartiality and fight against corruption, and should be based on the principle of respect for human rights and fundamental freedoms.

Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.

3213 SAYILI MADEN KANUNU UYARINCA MADEN HUKUKUNDA KAMULAŞTIRMA USULÜ

Madenler, fiziki koşullar sebebiyle bulundukları arazide üretilmek zorundadır. İşletme aşamasında, ruhsat alanında gerekli bina ve tesisler inşa edilerek işletme faaliyetlerine başlanacaktır. Ancak ruhsat alanının özel hukuk kişisinin mülkiyetinde olması halinde, ruhsat sahibine söz konusu taşınmaz üzerinde tasarrufta bulunma imkânının sağlanması gerekmektedir. Bu kapsamda Maden Kanunu’nda ruhsat sahibi lehine özel hukuk kişisine ait taşınmaz üzerinde irtifak ve/veya intifa hakkı tesis edilebileceği veya taşınmazın kamulaştırılabileceği ifade edilmiştir. Ruhsat alanının kamulaştırılması, idarenin taşınmaz malı cebren elde etmesi dolayısıyla mülkiyet hakkının özüne dokunan bir uygulamadır. Dolayısıyla, kamulaştırma işleminin maden hukukuna özgü yönlerinin ortaya konulması bir gerekliliktir. Bu makale kapsamında öncelikle kamulaştırma kurumuna ilişkin temel noktalara değinilecektir. Sonrasında ise kamulaştırmaya ilişkin Maden Kanunu’nun 46. maddesinde yer alan ayrıksı düzenlemeler ele alınacaktır.