{"title":"ALTERNATIF UPAYA PENCEGAHAN KEJAHATAN MAFIA TANAH DALAM PERSPEKTIF HUKUM ADMINISTRASI PERTANAHAN","authors":"Vani Wirawan","doi":"10.24269/ls.v7i1.6195","DOIUrl":"https://doi.org/10.24269/ls.v7i1.6195","url":null,"abstract":"The existence of the land mafia has resulted in delays in the development of investment and economic growth because the crimes committed cover various land cases, so it is necessary to start prevention in the area of land administration. This study aims to develop efforts to prevent land mafia in the area of land administration. This research is descriptive analytical with a socio-legal approach. The results of this study obtained alternative efforts to prevent the land mafia, namely the idea of changing land registration from a negative publication system to a positive publication system. However, if the publication system is positive that there is an error in the registration procedure, resulting in losses for parties who may be more entitled, the state guarantees a compensation fund in the form of payment of compensation to the claimant whose rights are proven correct with the concepts of indefeasible and indemnity.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116210950","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}
{"title":"TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) TERHADAP PIHAK YANG MEMBERIKAN KETERANGAN PALSU","authors":"Annisa Nur Azizah","doi":"10.24269/ls.v7i1.6044","DOIUrl":"https://doi.org/10.24269/ls.v7i1.6044","url":null,"abstract":"In carrying out their position, Land Titles Registrar is responsible for making authentic deed. The research method was normative research method, which is collecting legal materials using literature study and drawing conclusion based on the legal materials. The present study found that the role of Land Titles Registrar in carrying their position in making deed which isn’t based on the making of deed or the procedure of making deed, causes the deed with perfect power to be legally defective. Therefore, in carrying out their position, Land Titles Registrar must be responsible for the legal defect of a deed. For this reason, the responsibilities of Land Titles Registrar could be administrative, civil, and criminal responsibilities. If the procedure of making a deed isn’t met, Land Titles Registrar could be asked for compensation by the Buyer. Furthermore, the party or appearer who isn’t based on pre-contract good faith, in this case the agreed agreement, could be cancelled for not fully meeting the subjective principle of the agreement.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125193137","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}
{"title":"PERLINDUNGAN HUKUM INTERNET SERVICE PROVIDER TERHADAP PENYALAHGUNAAN BANDWIDTH PADA PRODUK HOME IDPLAY","authors":"Retno Apriyani Tijas, Arikha Saputra","doi":"10.24269/ls.v7i1.5605","DOIUrl":"https://doi.org/10.24269/ls.v7i1.5605","url":null,"abstract":"Many Indonesian people use internet services, one of which is by registering for installation at home from the company PT. Trans Indonesia Supercorridor, this company is a solution to access broadband internet connection. One of the products from PT. Trans Indonesia Supercorridor is a product of Idplay. Some consumers intentionally default on PT. Trans Indonesia Supercorridor by reason of wanting to seek more profit with not much capital, such as reselling the internet it uses to other people, where in the agreement consumers are prohibited from reselling it to other people. The research method used is normative legal research. Based on the specifications of this paper which uses an in concerto research method, the data analysis used is a qualitative approach to secondary data, which means that it includes the content and structure of positive law. Protection carried out by PT. Trans Indonesia Supercorridor (TIS). namely preventive protection such as by reprimanding Mr. X, then PT.TIS also performs repressive protection, namely by terminating Mr. X's internet cable network. The form of sanctions given by PT.TIS to consumers is to ask for compensation by make payments due to bandwidth abuse, but if consumers cannot make compensation in the form of payments according to the amount of losses suffered by PT. TIS then the action taken by PT.TIS is to withdraw the device (ONU) to the consumer.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121606951","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}
{"title":"PRINSIP PERLINDUNGAN HUKUM TERHADAP DEBITUR YANG TELAH LUNAS KREDIT","authors":"Y. Dewi","doi":"10.24269/ls.v7i1.5488","DOIUrl":"https://doi.org/10.24269/ls.v7i1.5488","url":null,"abstract":"There is a very big need for an entity, namely a house, a bank and a developer or often called a developer working together to provide houses for the community. In order to accelerate this goal, the Bank often gives concessions to developers, namely they can cooperate even though the legality of the project has not been completed. In the end, it is consumers or debtors who become victims when they have paid off their credit. The legal research used is juridical normative. The results of the analysis show that in general, protection for customers at the bank can be done through implicit protection or explicit protection. The author concludes that the developer's responsibilities have not been specifically regulated in the UUPK or the Housing Law, because the UUPK only regulates the responsibilities of business actors briefly and not very clearly. Meanwhile, the Housing Law does not regulate developers at all, so developers are free from responsibility. Even though there is a responsibility arrangement in UUPK, the developer has not implemented it properly. The developer is obliged to immediately complete the responsibility for the legality of housing that has been credited to the debtor by submitting it to the Bank, so that the bank can legally provide it to the debtor who has paid off the credit, in accordance with the legal protection provided by the government, which has been established in Law Number 8 of 1999 concerning Consumer Protection (UUPK) Article 1.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121746591","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}
{"title":"HUKUM ANJURAN TERTULIS MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (pasca Putusan Mahkamah Konstitusi No. 68/PUU-XIII/2015)","authors":"Aprilina Rahmah Yusticia","doi":"10.24269/ls.v7i1.5570","DOIUrl":"https://doi.org/10.24269/ls.v7i1.5570","url":null,"abstract":"This study aims to analyze how the legal force of written recommendations on settling industrial relations disputes was issued by mediators after the Constitutional Court Decision Number: 68/PUU-XIII/2015. The type of research used in this research is normative research or doctrinal research. And the approach used to answer the problem is the Legislative Approach (Statute Approach). This research is motivated by the application of Judicial Review by several workers to the Constitutional Court on the word 'recommendation' in Article 13 paragraph (2) letter a and Article 23 paragraph (2) letter an of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study indicate that the settlement of industrial relations disputes through mediation is mandatory, starting from the decision of Constitutional Court Number: 68/PUU-XIII/2015. Written recommendations are seen as part of industrial relations dispute settlement minutes. The Petitioner's application for the word \"as a form of settlement agreement through mediation or conciliation\" was changed by the Court to \"in the form of minutes of settlement through mediation or conciliation\".","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"55 41","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132389744","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}
{"title":"THE INFLUENCE OF MASS MEDIA REPORTING ON THE RESCUE AND FORMULATION OF ENVIRONMENTAL LAWS IN KEDIRI","authors":"Z. Arifin, E. Handayani","doi":"10.24269/ls.v6i1.5088","DOIUrl":"https://doi.org/10.24269/ls.v6i1.5088","url":null,"abstract":"News coverage by the mass media is very influential on the way of thinking and behaving society in saving the environment from damage. Examples are pollution, abuse of natural resources and environmental protection. Media coverage also influences policy makers in formulating environmental law policies. Aspects of communication and policy aspects have interrelationships that affect each other. In the empirical level the relationship is reflected in the public perception when responding to environmental problems. The mass media as a social institution has contributed to the worldview and thinking of the community and policy makers. This study focuses on the interrelation or relationship between press coverage with rescue and environmental law formulation policy. The purpose of research to determine the influence of mass media coverage on rescue and environmental management policy. This type of research is qualitative research with mass media content analysis method combined with in-depth interview technique to source and stake holder applied in this research. Data processing is done by manual coding technique, coding sheet and interview guide. The analysis is done by qualitative and quantitative descriptive approach presented in the form of frequency table and bar diagram. Interview results are used to sharpen the analysis. The result, that the continuous and continuous mass media coverage and deep, was able to stop environmental destruction, especially illegal sand mining in the Brantas River Basin of Kediri. Second, the government in taking environmental law policy is influenced by mass media coverage. The conclusion of this research is that the mass media influence the cessation of illegal sand mining activity in Brantas River Basin of Kediri. Both media coverage influenced policy makers to formulate legal policy in Kediri.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133610672","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}
Suhaila Zulkifli, Stefanie Stefanie, Margareth Christiana Philip, Josua Hasiholan Purba
{"title":"ANALISIS YURIDIS TERHADAP PENERAPAN PRINSIP INDEMNITY DAN INSURABLE INTEREST PADA ASURANSI KEBAKARAN DI PT. ASURANSI TOKIO MARINE","authors":"Suhaila Zulkifli, Stefanie Stefanie, Margareth Christiana Philip, Josua Hasiholan Purba","doi":"10.24269/ls.v6i1.5040","DOIUrl":"https://doi.org/10.24269/ls.v6i1.5040","url":null,"abstract":"Fire Insurance protects against the danger of property loss or damage. Parties with an interest in the insured object accept the risk of loss. Indemnity (or the principle of loss) plays a role in ensuring equitable compensation. Subrogation will apply against the insured to ensure that the insurance policy runs properly and without loss between the insurer and the insured. The goal of this study is to discuss and explain the Indemnity Principles and Insurable Interest in relation with Fire Insurance. The descriptive qualitative method was employed in the research. Primary and secondary sources of data were gathered. Data analysis techniques included data collection, data reduction, data presentation, and data verification. The study's findings show that PT. Tokio Marine merely recovers the insured's financial condition to its pre-incident state. PT. Tokio Marine will not face risk adjustments as a result of an occurrence because the company only accepts risks that are uncertain and occur suddenly. Subrogation does not occur when the insurer pays the insured a balanced loss (indemnity principle). However, if the insurance covers only a portion of the loss, the subrogation principle applies.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126217474","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}
{"title":"IMPLIKASI HUKUM TERHADAP PERKAWINAN ANAK DI BAWAH UMUR","authors":"Halda Septiana Purwinarto, Bima Romadiansyah","doi":"10.24269/ls.v6i1.5037","DOIUrl":"https://doi.org/10.24269/ls.v6i1.5037","url":null,"abstract":"This research aims to find out the age limit for the marriage of minors and the legal implications of child marriage. The method used is a normative legal research method, namely researching or studying existing legal norms related to marriage. In contrast, the scope of this research includes the marriage of minors. In the discussion in this study related to the age limit, many occur in Indonesia. Customary areas in Indonesia often carry out child marriages. The following talk discusses the legal implications of carrying out underage marriages. Mental readiness factors, education, social and economic factors influence children who marry underage. Because their mental readiness is not sufficient, they will have problems in the future that will have legal implications or implications for them. The legal consequences of marriage for minors impact the married couple themselves. The level of children's education has decreased, the economic level is low, the level of mental readiness and legal skills that have been carried for children who have married so that they cannot account for themselves as legal subjects. They have not been able to account for their actions before the law if a problem occurs because their mental readiness is insufficient to carry out a marriage.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"55 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114039929","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}
{"title":"POTRET PEREMPUAN DALAM TRADISI PEMINANGAN NEMU ANAK (Studi Kasus Di Kecamatan Margomulyo Kabupaten Bojonegoro)","authors":"Syahid Ahmad Faishol, M. H., Suwandi Suwandi","doi":"10.24269/ls.v6i1.4878","DOIUrl":"https://doi.org/10.24269/ls.v6i1.4878","url":null,"abstract":"This research describes women in the tradition of proposing to find a child in the Mergomulyo community. This tradition is believed to be able to perpetuate domestic relations. On the one hand, this tradition is considered to be detrimental to women because of the anomaly of norms in its implementation. The research focus is on the position of women in the tradition of finding children from a feminist perspective. And the existence of women in the tradition of finding children from the perspective of Peter Burger's social construction. this type of empirical research using descriptive qualitative approach, data obtained by observation and semi-structured interviews with perpetrators of finding children. The results of this study show that the position of women's sexuality is entangled in established patriarchal cultural values. Male dominance is very thick. Women are sexually marginalized and do not have a role and decision in enjoying their reproductive rights because of the hegemony of men in the name of tradition. This phenomenon tarsus is maintained because it has been massively constructed. Marked by the moment of externalizing oneself with the socio-cultural world, it is marked by an adjustment to the values in the tradition which are conditions for patriarchal culture. moment of objectivation, institutionalization and habitualization in this traditional process played by male agents. Moment of Internalization, which is self-identification in the sociocultural world, women assess the social reality of the tradition to be a subjective and true reality. This shows that women's actions, roles and abilities in making objective decisions have blurred over the dominance of patriarchal cultural values.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124720379","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}
Fadhila Shaffa Luthfie, Helza Nova Lita, Nun Harrieti
{"title":"CROWDFUNDING WAQF MODEL: PERLINDUNGAN HUKUM DANA WAKAF YANG DIKUMPULKAN MELALUI PLATFORM CROWDFUNDING","authors":"Fadhila Shaffa Luthfie, Helza Nova Lita, Nun Harrieti","doi":"10.24269/ls.v6i1.4738","DOIUrl":"https://doi.org/10.24269/ls.v6i1.4738","url":null,"abstract":"Nowadays, there is an innovation of collecting waqf fund through crowdfunding that will help nazhir’s responsibility in managing and developing waqf assets. This method well-known as Crowdfunding Waqf Model that classified into donation-based crowdfunding. In accordance with unissued regulation regarding donation-based crowdfunding, collecting waqf fund through crowdfunding is an urgent topic to be discussed concerning how is the legal protection of waqf assets in the form of collecting waqf fund through crowdfunding. This research uses normative juridical approach, namely outlining existing problems and discuss according to applicable regulations. The steps of this research encompass steps, i.e: library research of using secondary data and field research in the form of interview. This research concludes that the legal protection in collecting waqf fund through crowdfunding inadequate and still relies on transparency and integration with related regulations. It is necessary to reform waqf regulation in Indonesia that encompass technology development, and creating regulation on donation-based crowdfunding specifically in order to creating legal certainty for the collecting waqf fund activity through technology.","PeriodicalId":193148,"journal":{"name":"Legal Standing : Jurnal Ilmu Hukum","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123726280","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}