Protection: Journal Of Land And Environmental Law最新文献

Reform on Death Crime in Law Number 1 of 2023 2023 年第 1 号法律中的死亡罪改革

Protection: Journal Of Land And Environmental Law Pub Date : 2024-06-06 DOI: 10.38142/pjlel.v2i1.1058

Gusti Agung, Istri Ranya, Astri Pratiwi, Nyoman Bagiastra

{"title":"Reform on Death Crime in Law Number 1 of 2023","authors":"Gusti Agung, Istri Ranya, Astri Pratiwi, Nyoman Bagiastra","doi":"10.38142/pjlel.v2i1.1058","DOIUrl":"https://doi.org/10.38142/pjlel.v2i1.1058","url":null,"abstract":"This article aims to analyze, investigate, and understand the reform of the death penalty in Indonesia based on Law Number 1 of 2023, as well as a comparison of the death penalty between China and Indonesia. In this article, the authors use normative legal research methods with a statutory approach. The research results show that the death penalty in Indonesia was initially a primary crime but after the enactment of Law Number 1 of 2023, better known as the New Criminal Code, the death penalty was changed to an alternative crime. This is stated in Article 100 of the New Criminal Code, and convicts have a probation period of 10 years. The sentence can be reduced to life imprisonment if they show commendable morals and behavior. The commendable qualities and behavior are obeying prison regulations and contributing services that benefit the nation and state. Apart from Indonesia, China is a country that still applies the death penalty. Both China and Indonesia have probationary periods before the death penalty is carried out. The probation period is an opportunity for the convict to correct his mistakes. Executions in China are carried out in two ways, namely by being shot in the heart and by lethal injection. In contrast, in Indonesia, they are only shot dead by the executioner.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"22 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141380074","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

Legal Consequences of Polygyny Marriage Based on a Compilation of Islamic Law (Khi) and Laws on Marriage 基于伊斯兰法（Khi）和婚姻法汇编的一夫多妻制婚姻的法律后果

Protection: Journal Of Land And Environmental Law Pub Date : 2024-06-06 DOI: 10.38142/pjlel.v2i1.1019

Aisudin Abdullah, Putu Ayu, Sriasih Wesna, Wayan Kartika, Jaya Utama

{"title":"Legal Consequences of Polygyny Marriage Based on a Compilation of Islamic Law (Khi) and Laws on Marriage","authors":"Aisudin Abdullah, Putu Ayu, Sriasih Wesna, Wayan Kartika, Jaya Utama","doi":"10.38142/pjlel.v2i1.1019","DOIUrl":"https://doi.org/10.38142/pjlel.v2i1.1019","url":null,"abstract":"The author conducted normative legal research by analyzing the consequences of polygynous marriage laws based on Islamic law. What is the focus of this research study? What are the criteria for not being able to carry out obligations and having a physical disability by Islamic Law and the Marriage Law? Moreover, what are the legal consequences of a judge's Decision at the Religious Court on requests for polygynous marriages? In this research, the law-based approach uses a case approach and a sociological approach. The criteria for not being able to carry out an obligation due to a physical disability are as intended in the Marriage Law and Islamic law, namely the inclusion of people with physical disabilities and people with mental disabilities. This is because the type of disability means that someone cannot carry out their obligations as husband or wife or by the provisions of marriage, especially people with physical disabilities. Related to people with physical disabilities, namely impaired movement functions such as amputated organs, paralysis, paraplegia, cerebral palsy, stroke, leprosy and others, which result in the inability to fulfill obligations by a person as a husband or wife as a basis for fulfilling physical and spiritual needs.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"10 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141378834","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

Criteria and Conditions for Determining an Act of Robbery Reviewed from a Criminal Law Perspective 从刑法角度审查确定抢劫行为的标准和条件

Protection: Journal Of Land And Environmental Law Pub Date : 2024-06-06 DOI: 10.38142/pjlel.v2i1.1059

Ni Kadek, Erika Manggala, Nyoman Bagiastra

{"title":"Criteria and Conditions for Determining an Act of Robbery Reviewed from a Criminal Law Perspective","authors":"Ni Kadek, Erika Manggala, Nyoman Bagiastra","doi":"10.38142/pjlel.v2i1.1059","DOIUrl":"https://doi.org/10.38142/pjlel.v2i1.1059","url":null,"abstract":"This research aims to determine the legal comparison of criminal acts of theft and mugging or robbery based on the provisions of Indonesian criminal law. It also helps to understand the requirements and influence of interpretation for the legal determination of criminal acts such as robbery from a legal perspective. This type of research is normative legal research, specifically discussing theft and robbery. The data collection method used in this research is a literature study that reviews literature related to the object of this research. The research results show that the comparison between the Crime of theft and not the Crime of robbery lies in using the article regulations. Suppose the Crime of theft is regulated in Article 362 of the Criminal Code. Meanwhile, Article 365 of the Criminal Code regulates the Crime of robbery. Article 365 of the Criminal Code provides a strong legal basis for criminalizing and punishing perpetrators of criminal acts of theft with violence. Correct legal interpretation of Article 365 of the Criminal Code is very important to ensure fair and effective law enforcement against perpetrators of these criminal acts.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"28 S87","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141377653","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

Sentana Paperasan's Legal Efforts as a Solution to Overcoming Decisions in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency Sentana Paperasan的法律努力作为克服决定的解决方案在Gianyar reggency乌布区Sayan村Banjar Kutuh

Protection: Journal Of Land And Environmental Law Pub Date : 2023-03-31 DOI: 10.38142/pjlel.v1i3.658

I. K. A. S. Mahendra, P. Wesna, I. Utama

{"title":"Sentana Paperasan's Legal Efforts as a Solution to Overcoming Decisions in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency","authors":"I. K. A. S. Mahendra, P. Wesna, I. Utama","doi":"10.38142/pjlel.v1i3.658","DOIUrl":"https://doi.org/10.38142/pjlel.v1i3.658","url":null,"abstract":"The process of adopting children is not only regulated based on national law, but also regulated according to customary law or often referred to as awig-awig which exists in each traditional village in Bali. In this study, empirical legal research methods will be used which will focus on the discrepancies that occur in accordance with the theory of the reality that occurs in society. The discussion that will be described in this study includes the position and legal protection of sentana extortion in inheritance at Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency. The position of the custodian of inheritance in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency in overcoming the decision, namely in Balinese Customary Law, a child who has undergone the process of extortion ceremony is bound by his family relationship with the adoptive parent accompanied by severance of the relationship with his biological family. Where the relationship of a sentana (adopted child) with his biological parents is erased when they have undergone an extortion ceremony procession. Legal Protection Against Sentana Extortion in Inheritance under Article 832 jo.842 jo. Article 852 (a) of the Civil Code, based on an analysis using the theory of justice and the theory of legal protection, adopted children are included as heirs who inherit based on their own position in the First class in obtaining inheritance rights from their adoptive parents, thereby closing the rights of other heirs.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125026460","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

Authorities Of The National Land Agency In Settling Land Cases As A Form Of Legal Protection For Land Right Holders Whose Transfer Is Canceled (Study of Supreme Court Decision Number: 3542 K/Pdt/2021) 国家土地局作为土地权利人被取消转让的法律保护形式的土地案件处理权限(研究大法院判决号:3542 K/Pdt/2021)

Protection: Journal Of Land And Environmental Law Pub Date : 2023-03-31 DOI: 10.38142/pjlel.v1i3.707

I. Made, Pria Dharsana, I. Putu, Nyoman Budiarta, Dewa Ayu, Trisna Wahyuningsih

{"title":"Authorities Of The National Land Agency In Settling Land Cases As A Form Of Legal Protection For Land Right Holders Whose Transfer Is Canceled (Study of Supreme Court Decision Number: 3542 K/Pdt/2021)","authors":"I. Made, Pria Dharsana, I. Putu, Nyoman Budiarta, Dewa Ayu, Trisna Wahyuningsih","doi":"10.38142/pjlel.v1i3.707","DOIUrl":"https://doi.org/10.38142/pjlel.v1i3.707","url":null,"abstract":"Disputes over the transfer of ownership rights to land through the sale and purchase of land that often occur in society are caused by the Indonesian land registration system, which adheres to a hostile system. Certificates of land rights that have been registered have many possibilities for legal defects to arise, and the consequences will cause problems that lead to requests for Cancellation. The problems of this research are, first, what is the authority of the Office of the National Land Agency in resolving land cases, and second, what is the form of legal protection for holders of land rights whose transfers are canceled. This research is a normative law-type research using a statutory and case approach. This study concludes that first, the authority of the National Land Agency Office in settlement of land cases has been regulated in Ministerial Regulation IATR/BPN No. 21I of 2020; IBPN has two alternative land dispute settlements, namely, the first is settlement through the judiciary to obtain a court decision. Second, dispute settlement through mediation seeks a win-win solution, and a peace agreement is drawn up. The second type of legal protection for holders of land rights whose transfer has been canceled, particularly for third parties as holders of ownership rights, can be given to parties whose certificates of ownership are repressively canceled. The aim is to achieve legal clarity, providing legal protection to all parties.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114212418","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 Role of Government and Society in Countermeasures and Prevention of Criminal Acts of Terrorism According to Law Number 5 of 2018 根据2018年第5号法律，政府和社会在应对和预防恐怖主义犯罪行为中的作用

Protection: Journal Of Land And Environmental Law Pub Date : 2023-03-31 DOI: 10.38142/pjlel.v1i3.660

Joko Setiyono, Nadia Nabela

{"title":"The Role of Government and Society in Countermeasures and Prevention of Criminal Acts of Terrorism According to Law Number 5 of 2018","authors":"Joko Setiyono, Nadia Nabela","doi":"10.38142/pjlel.v1i3.660","DOIUrl":"https://doi.org/10.38142/pjlel.v1i3.660","url":null,"abstract":"The criminal act of terrorism is a serious crime and an extraordinary crime which has an adverse impact on the sovereignty of the state and the security of the citizens' livelihood. The responsibility of the state in protecting all citizens is an obligation mandated in the constitution (1945 Constitution). Law Number 5 of 2018 is a legal umbrella in carrying out law enforcement efforts, countermeasures and measures to prevent criminal acts of terrorism. The government plays an active role in taking strategic steps to tackle and prevent criminal acts of terrorism by revising Law no. 15 of 2003 became Law Number 5 of 2018, forming the Special Anti-Terror Special Detachment 88 Task Force, as well as the National Counterterrorism Agency (BNPT). The community also plays an active role in efforts to prevent criminal acts of terrorism by having high awareness of the law, increasing knowledge and awareness of the dangers of terrorism, so that they can carry out early detection of potential terrorism and report things that are considered suspicious in the surrounding environment to the authorities.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134506674","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

Disparity Between Corporate And Community Land Tenure And National Land Law Accountability 公司与社区土地使用权的差异与国家土地法责任

Protection: Journal Of Land And Environmental Law Pub Date : 2022-11-30 DOI: 10.38142/pjlel.v1i2.631

Ahmad Asha Rifaldi, Yogi Prasetyo

引用次数: 1

Implications Of Control Of Coastal Lands By Foreigners In The Tourism Business 外国人在旅游业中控制沿海土地的影响

Protection: Journal Of Land And Environmental Law Pub Date : 2022-11-30 DOI: 10.38142/pjlel.v1i2.472

I. Utama, I. Sujana, P. Wesna, Leonito Ribeiro

{"title":"Implications Of Control Of Coastal Lands By Foreigners In The Tourism Business","authors":"I. Utama, I. Sujana, P. Wesna, Leonito Ribeiro","doi":"10.38142/pjlel.v1i2.472","DOIUrl":"https://doi.org/10.38142/pjlel.v1i2.472","url":null,"abstract":"The focus of the study in this paper is the legal aspects of coastal land control by foreigners in Bali to benefit the tourism business. In analyzing these legal issues, the author uses empirical legal research methods with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the theory of authority, the theory of expediency, and the theory of legal protection as an analytical knife, the tourism business in Bali cannot be separated from the existence of foreigners. Similarly, the control of coastal land in Bali-pun does not escape the control of foreigners, both through legal investment and some illegal, by utilizing mutually beneficial cooperation between residents and with prajuru Indigenous Villages on the basis of sharing profits.It is in this philosophy that the principle of good faith in investing is reflected so that the possession of coastal lands by foreigners for the benefit of the tourism business is obliged to respect this very noble principle; however, in empirical facts, it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation is likely to harm the use of indigenous villages in carrying out the religious values attached to these coastal lands. So that in this case, the concept of mutually beneficial cooperation is contained in the lousy faith of foreigners to control the land of Bali to get personal benefits at the expense of Balinese nature wrapped in mutually beneficial Works.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"6 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":"129146398","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

Legal Ethics Of Sustainable Environmental Management 可持续环境管理的法律伦理

Protection: Journal Of Land And Environmental Law Pub Date : 2022-11-30 DOI: 10.38142/pjlel.v1i2.604

Yogi Prasetyo, Alfalachu Indiantonesiaoro, Aries Isnandar

引用次数: 0

The Implementation Of Grant Of Marriage Properties Distribution Through Conciliation Agreement 通过调解协议授予婚姻财产分配的实施

Protection: Journal Of Land And Environmental Law Pub Date : 2022-11-30 DOI: 10.38142/pjlel.v1i2.646

Yussie Masyuni Daniyanthi, I. Sujana, A. Agung

{"title":"The Implementation Of Grant Of Marriage Properties Distribution Through Conciliation Agreement","authors":"Yussie Masyuni Daniyanthi, I. Sujana, A. Agung","doi":"10.38142/pjlel.v1i2.646","DOIUrl":"https://doi.org/10.38142/pjlel.v1i2.646","url":null,"abstract":"This paper is the result of empirical legal research aiming at identifying legal issues regarding the discrepancy in the implementation of joint properties distribution in marriage pursuant to Balinese customary law and the practices occurring in society. And in addition, a legal breakthrough exists to set aside court order regarding the distribution of joint assets through legal actions based on a conciliation agreement. It can be understood that this study aims at contributing ideas to the implementation of the distribution of marital joint properties through a conciliation agreement. By applying the statutory approach, case approach and sociological approach, it can be understood that parties whose marriages have been broken up due to divorce can waive court order through a conciliation agreement in marital joint properties in marital joint properties. In the event that there is a struggle over the division of joint properties as a result of the breakup in a marriage due to divorce, based on the results of study and analysis of legal materials it can be understood that the distribution of marital joint properties granted through a conciliation agreement does not necessarily or automatically transfer the object of the grant. However, if what is distributed in the joint property is in the form of land rights, then in order to be able to transfer into being on behalf of each party and moreover to children who are still minor, a deed of grant shall be firstly drawn up by a Land Deed Conveyancer (PPAT).","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"6 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":"133785286","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