Jurnal Akta最新文献_第4页

The Synchronization Process of Legal System in Tunggu Tubang Land Certification 东古土邦土地认证法律制度的同步过程

Jurnal Akta Pub Date : 2022-04-14 DOI: 10.30659/akta.v9i1.21090

Firman Muntaqo, M. Mashudi, Murzal Zaidan, Fahmi Yoesmar Ar-Rasyidi

{"title":"The Synchronization Process of Legal System in Tunggu Tubang Land Certification","authors":"Firman Muntaqo, M. Mashudi, Murzal Zaidan, Fahmi Yoesmar Ar-Rasyidi","doi":"10.30659/akta.v9i1.21090","DOIUrl":"https://doi.org/10.30659/akta.v9i1.21090","url":null,"abstract":"The study on the Tunggu Tubang Land Certification in the Semende area aims to examine 3 (three) problems, they are aspects of historical and sociological rechts supporting and inhibiting; synchronization of the legal system, as well as; alternative arrangements for facilitation of Tunggu Tubang land certification. The research used a normative juridical approach. The results of the study state that the study of synchronization of the legal system, there are no obstacles to the certification of Tunggu Tubang land, with the argument that the Tunggu Tubang land comes from private land (land of customary land), or civil rights/private rights/privaatrecht according to the western legal system, and does not include the power of rights. The Ulayat as common property of the community, therefore basically can be certified. Alternative facilitation of Tunggu Tubang land certification can be done by heeding the legal concept of the Tunggu Tubang Institution which stipulates that, Tunggu Tubang which contains the principles: There is land that is jointly owned by the descendants of the female line of the founder of Tunggu Tubang; there is an administrator who is not entitled to sell/transfer the land of Tunggu Tubang, but only manages it for the benefit of the descendants of the founder of Tunggu Tubang.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125231189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Bankruptcy Legal Politics in Indonesia based on Justice Value 基于正义价值的印尼破产法律政治

Jurnal Akta Pub Date : 2022-03-31 DOI: 10.30659/akta.v9i1.20842

Ria Sintha Devi, N. Simbolon, Lestari Victoria Sinaga, Muhammad Yasid

引用次数: 0

The Implementation of Using of Land Rights for Industry 工业用地使用权的实施

Jurnal Akta Pub Date : 2022-03-29 DOI: 10.30659/akta.v9i1.20541

S. Sahlan, Rusli Ayyub, Armin K Armin K, Abraham Bekka

{"title":"The Implementation of Using of Land Rights for Industry","authors":"S. Sahlan, Rusli Ayyub, Armin K Armin K, Abraham Bekka","doi":"10.30659/akta.v9i1.20541","DOIUrl":"https://doi.org/10.30659/akta.v9i1.20541","url":null,"abstract":"This research aims to know the control over land, either by individuals, collectively or by the state, is only exercised and may only be exercised, if the aim is for the greatest prosperity and justice of the people or for the welfare of the nation and state as much as possible. The research methods was a normative juridical approach and descriptive analytical and highlighted especially in terms of technical legislation. Data collection was carried out with an emphasis on the study of documentation in the library. Field visits were more aimed at checking the application of positive law and to find problems in its implications. The result of the research indicate that there are problems related to the incomplete conceptual preparation in the planning, policy and regulatory stages, caused by the weakness of the quality of planners and legal officials. These weaknesses have caused problems of misunderstanding and inaccuracy in applying the concept, so that the regulatory policies that are drawn up and their implementation deviate a lot from what is expected and have even led to disharmony in society. The product achieved is such that it is not so good, that it will require a difficult effort and take a long time to harmonize it again. Such conditions and problems occur and are found both in the issue of 'state tenure in the National Defense Law, and in the issue of 'land tenure in industrial areas'. The novelty show that in the field of industrial development, the choice of approach is carried out by prioritizing the interests of small companies, medium-sized enterprises and cooperatives in the field of agro-business and agro-industry, without neglecting the presence and role of big entrepreneurs. And in the land acquisition program for the development of an area, a partnership approach should be developed, in such a way that the interests of the people and the good protection of people's rights to land can be paid more attention.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121905769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Construction Law System and Purification of Limitation from Bawaslu’s Authority 从巴瓦斯鲁权威看法律体系的建构与时效的净化

Jurnal Akta Pub Date : 2022-03-23 DOI: 10.30659/akta.v9i1.20645

M. Mustakim, Fradhana Putra Disantara

{"title":"The Construction Law System and Purification of Limitation from Bawaslu’s Authority","authors":"M. Mustakim, Fradhana Putra Disantara","doi":"10.30659/akta.v9i1.20645","DOIUrl":"https://doi.org/10.30659/akta.v9i1.20645","url":null,"abstract":"The aim of this research is analize Article 1 number 17 of Act No. 7 of 2017 concerning General Elections on the General Election Supervisory Agency (Bawaslu) as an election supervisory agency oriented towards monitoring the 'validity of the people's voice' and despite gaining strong legitimacy based on existing regulations. However, Bawaslu has several obstacles, including the issue of the enigma of Bawaslu's authority to give decisions related to the post-constitutional election decision from the Constitutional Court. This research methods was legal research using a conceptual approach and legislation based on three types of legal materials, namely primary legal materials, secondary legal materials, and non-legal materials. The results of this legal research show that when viewed from the aspect of structure, substance, and legal culture; the expansion of Bawaslu's authority has the potential to make Bawaslu less than optimal as well as to create overlapping powers between law enforcers; therefore, the aspects of professionalism and leadership must support it. In addition, the purification of the authority of Bawaslu is essential to optimize the duties and authorities of Bawaslu so that Bawaslu does not need to focus on expanding its authority.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130110364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT 法律确定性在伊贾拉-蒙大拿州比照与租赁合同比较研究中的实施

Jurnal Akta Pub Date : 2021-07-06 DOI: 10.30659/AKTA.V8I2.15459

M. Huda, Muhammad Ridwan Lubis

{"title":"IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT","authors":"M. Huda, Muhammad Ridwan Lubis","doi":"10.30659/AKTA.V8I2.15459","DOIUrl":"https://doi.org/10.30659/AKTA.V8I2.15459","url":null,"abstract":"In recent times, it has become common among the public regarding the Ijarah Muntahiya Bittamlik (IMBT) contract. IMBT is a contract similar to a lease and purchase agreement. In practice in the community, these two contracts are carried out by means of renting first and ending with buying and selling. Although, in general they have similarities, these two agreements have differences that have different consequences. The research method used in this study is doctrinal legal research with a comparative law approach. The results of this study indicate that the IMBT contract has more legal certainty than the lease-purchase agreement. This is because the IMBT contract has provisions regulated in the Sharia Banking Law, the Sharia Economic Law Compilation, and PSAK No. 107 concerning Ijarah and IMBT accounting, while the lease purchase agreement is only based on the principle of freedom of contract. The implementation of the IMBT contract also has more legal certainty, considering that dispute resolution efforts can be carried out through the provisions of Article 283 and Article 284 of the KHES by carrying out sales of the disputed object. This is different from a lease-purchase agreement, where dispute resolution efforts are generally carried out through unilateral withdrawals and the agreement also contains standard clauses that have the potential to violate Article 18 of the Consumer Protection Law.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"191 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121067767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

RE-ORIENTATION OF LEGAL POLICY FOR USING OF FOREIGN WORKERS IN INDONESIAN JUSTICE 印度尼西亚司法中使用外籍工人法律政策的重新定位

Jurnal Akta Pub Date : 2021-07-03 DOI: 10.30659/AKTA.V8I2.15439

A. Laksana, Jarot Jati Bagus

引用次数: 0

ILLEGAL LAND GRAB: ISRAEL'S SEIZURE OF LAND IN PALESTINE 非法侵占土地:以色列侵占巴勒斯坦土地

Jurnal Akta Pub Date : 2021-06-29 DOI: 10.30659/akta.v8i2.15685

Saleh Raed Shatat, O. A. Victoria

{"title":"ILLEGAL LAND GRAB: ISRAEL'S SEIZURE OF LAND IN PALESTINE","authors":"Saleh Raed Shatat, O. A. Victoria","doi":"10.30659/akta.v8i2.15685","DOIUrl":"https://doi.org/10.30659/akta.v8i2.15685","url":null,"abstract":"Since 1967, each Israeli government has invested significant resources in establishing and expanding the settlements in the Occupied Territories, both in terms of the area of land they occupy and in terms of population. As a result of this policy, approximately 380,000 Israeli citizens now live on the settlements on the West Bank, including those established in East Jerusalem (this report does not relate to the settlements in the Gaza Strip). During the first decade following the occupation, the Ma'arach governments operated on the basis of the Alon Plan, which advocated the establishment of settlements in areas perceived as having \"security importance,\" and where the Palestinian population was sparse (the Jordan Valley, parts of the Hebron Mountains and Greater Jerusalem). After the Likud came to power in 1977, the government began to establish settlements throughout the West Bank, particularly in areas close to the main Palestinian population centers along the central mountain ridge and in western Samaria. This policy was based on both security and ideological considerations. The political process between Israel and the Palestinians did not impede settlement activities, which continued under the Labor government of Yitzhak Rabin (1992-1996) and all subsequent governments. These governments built thousands of new housing units, claiming that this was necessary to meet the \"natural growth\" of the existing population. As a result, between 1993 and 2000 the number of settlers on the West Bank (excluding East Jerusalem) increased by almost 100 percent.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127766253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

AN EXAMINATIONS OF ALLEGATION OF NON-COMPLIANCE WITH AML/CFT LAWS AGAINST ISLAMIC BANKING 审查关于不遵守针对伊斯兰银行的反洗钱/反恐怖融资法的指控

Jurnal Akta Pub Date : 2021-06-29 DOI: 10.30659/akta.v8i2.15720

M. A. Nasir, Dato’ Ng See Teong

{"title":"AN EXAMINATIONS OF ALLEGATION OF NON-COMPLIANCE WITH AML/CFT LAWS AGAINST ISLAMIC BANKING","authors":"M. A. Nasir, Dato’ Ng See Teong","doi":"10.30659/akta.v8i2.15720","DOIUrl":"https://doi.org/10.30659/akta.v8i2.15720","url":null,"abstract":"The dangerous dimension which the terrorism financing incursion introduced to peace and harmonious life globally makes the issue of money laundering and combatting financing terrorism (AML/CFT) a serious phenomenon. The compliance with the AML/CFT laws now generates global interest. Assessment of whether Islamic banks are complying with AML/CFT compliance measures becomes a grave issue that require attention particularly against the background of allegation by Western countries of lax control and supervision. This is probably because of the havoc that the world has continuously experienced as a result of this menace. The issue has continued to come in different dimensions and like a Siamese twin, the banks have become the focal point and inseparable in the issue of how to combat this menace. Incidentally, the increase in the growth and development of Islamic banks across the globe has dragged it to the centre of discussion. Thus, there have being a recurring issue on Islamic financial institutions regarding its compliance with Anti-money laundering laws and Combating Financing Terrorism (AML/CFT) measures. There were allegations of non-compliance with AMLCFT laws by Islamic banks, particularly by some Western countries led by the United States of America. Consequently,� the issue of combatting money laundering and terrorism has become a major issue in the global domain. This paper has extensively examined the allegation of non-compliance of Islamic banks with AML/ CFT laws. This is done by beaming searching light on the growing perception of lax in the control, monitoring, weak supervision, and non-compliance of Islamic banks with AML/CFT measures that is been spearheaded by some western countries, led by the US. Thus, by using the doctrinal research methodology, the paper sought to determine the veracity of the allegation and incidentally found that the allegation is not only baseless but lacks empirical evidence.�","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"340 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133713573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION 宪法宗教法院判决后身份对非婚子女的影响

Jurnal Akta Pub Date : 2021-06-29 DOI: 10.30659/akta.v8i2.7924

S. Sulaiman

{"title":"STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION","authors":"S. Sulaiman","doi":"10.30659/akta.v8i2.7924","DOIUrl":"https://doi.org/10.30659/akta.v8i2.7924","url":null,"abstract":"The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134273246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Juridical Review of Act No. 2 of 2014 concerning Notary Position Related to Confidentiality of Notary Duties 2014年第2号法关于公证员职位与公证员职责保密相关的司法审查

Jurnal Akta Pub Date : 2020-12-30 DOI: 10.30659/AKTA.V7I4.14210

Yempi Yempi

{"title":"Juridical Review of Act No. 2 of 2014 concerning Notary Position Related to Confidentiality of Notary Duties","authors":"Yempi Yempi","doi":"10.30659/AKTA.V7I4.14210","DOIUrl":"https://doi.org/10.30659/AKTA.V7I4.14210","url":null,"abstract":"Protection of notaries related to confidentiality, especially in the law enforcement process, has not been able to be realized effectively, this is because there is no real protection system for notaries who disclose their secrets in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep confidential what is related to their position. The notary is obliged to keep the contents of the deed secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drafting of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.","PeriodicalId":190203,"journal":{"name":"Jurnal Akta","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128327228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0