Protection: Journal Of Land And Environmental Law最新文献_第3页

Determination Of The Judges Freedom In Indonesia On The Straf Minimum Rules 从最低限度规则看印尼法官自由

Protection: Journal Of Land And Environmental Law Pub Date : 2022-07-31 DOI: 10.38142/pjlel.v1i1.281

S. Y. Imran, Apripari Apripari

{"title":"Determination Of The Judges Freedom In Indonesia On The Straf Minimum Rules","authors":"S. Y. Imran, Apripari Apripari","doi":"10.38142/pjlel.v1i1.281","DOIUrl":"https://doi.org/10.38142/pjlel.v1i1.281","url":null,"abstract":"Limiting the freedom of judges in expressing legal logics in each particular case will only hinder the process of seeking true values of justice. This freedom does not mean being free without being accompanied by legal responsibilities. the philosophical aspect of the principle of freedom of judges, and the ideal model for the application of the principle of freedom of judges in Indonesia in the minimum rules straf system, is the subject that will be discussed in this article. The normative research method used in this article uses a statutory, historical and conceptual approach and uses primary and secondary legal materials that are presented descriptively. The conclusion obtained confirms that the aspect of judges' freedom philosophically in principle begins with the application of the division of powers namely, legislative, executive and judicial which is the philosophical basis that the judicial branch of power is an independent branch of power and judges have the freedom to make interpretations, legal findings based on the conscience and conviction of the judge. As for the straf minimum rules case, the ideal model for implementing the principle of judge freedom can be realized through the theory of balance, namely that judges in deciding cases are not based on the context of laws and regulations and must consider aspects of the judge's belief even though the decision is contrary to the law, but as long as it is related to the judge's belief, then it can be justified on the basis of the judge's freedom.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130817366","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

Environmental Protection and Management of the National Capital Development in the perspective of Sustainable Development Goals 可持续发展目标视角下的首都发展环境保护与管理

Protection: Journal Of Land And Environmental Law Pub Date : 2022-07-31 DOI: 10.38142/pjlel.v1i1.331

Rahmat Saputra, Apriyanti Widiansyah

{"title":"Environmental Protection and Management of the National Capital Development in the perspective of Sustainable Development Goals","authors":"Rahmat Saputra, Apriyanti Widiansyah","doi":"10.38142/pjlel.v1i1.331","DOIUrl":"https://doi.org/10.38142/pjlel.v1i1.331","url":null,"abstract":"The purpose of this study is to discuss how the form of environmental protection and management by the government is related to the development of the State Capital (IKN) from the perspective of sustainable development goals (SDGs) and how to apply the concept of forest city in the development plan of the State Capital (IKN). Empirical juridical research methods, through search and study of secondary data, in the form of legislation, academic texts, policy recommendations, and scientific works of experts in the field of National Capital Development (IKN). Secondary data was obtained through library research (Library Research) sourced from printed and electronic library materials. Normative research (doctrinal) is needed to understand the current legal norms (Law in the Book), through a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The results of the study that the forms of environmental protection and management including prevention, prevention of damage and pollution as well as restoration of environmental quality have demanded the development of various policies and programs as well as activities that are supported by other environmental management support systems. Sustainable development involving current and future generations require joint efforts to achieve the goals of IKN development, by balancing three important aspects, namely economic, social, and environmental protection. The application of the Forest City Concept in IKN development in the form of stabilizing forest areas and resolving various land conflicts within forest areas that need to be carried out before building IKN.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122734184","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

The Urgency Of Land Bank: Maintaining The Existence Of Land Acquisition For Development 土地储备的紧迫性:维持土地征用发展的存在

Protection: Journal Of Land And Environmental Law Pub Date : 2022-07-31 DOI: 10.38142/pjlel.v1i1.427

S. Nugroho

引用次数: 0

Existence Principle Assertion In Authority Supervision Finance By Examining Body Finance in Indonesia 以印尼机构金融为例，对权力监管金融存在原则的认定

Protection: Journal Of Land And Environmental Law Pub Date : 2022-07-31 DOI: 10.38142/pjlel.v1i1.402

Yudhia Perdana Sikumbang, Geofani Milthree Saragih

{"title":"Existence Principle Assertion In Authority Supervision Finance By Examining Body Finance in Indonesia","authors":"Yudhia Perdana Sikumbang, Geofani Milthree Saragih","doi":"10.38142/pjlel.v1i1.402","DOIUrl":"https://doi.org/10.38142/pjlel.v1i1.402","url":null,"abstract":"Examining Body Finance is state agency that has authority inspection finance in Indonesian constitution , p the by constitutional set in _ Article 23E paragraph (1) of the 1945 Constitution. In operate function inspection state finances , the BPK in run it bound by principle assertion . However in level implementation , still there is action examinations carried out by the BPK in Thing this no notice principle assertion . Study this will study existence principle assertion in implementation authority inspection state finances by the BPK. Study this categorized as to in type study normative with based on problem or raised theme _ as topics study main inside _ study this . Approach used _ in study this is approach principle law with link a number of law existing positive _ During regarding with topics discussion main inside _ study this . Method analysis used _ is descriptive analytical with describe regulation current legislation _ apply as well as decisions later court _ linked with practice the law that occurs in the field ( facts ) law ). Research results this show that existence than principle assertion in law positive , practice law until guide for CPC in operate authority inspection to real state finances has emphasized even inside _ law related positive _ with CPC no someone confirmed _ by textual about role as well as attachment from principle assertion .","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125857822","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 Concept Of Delegation Of Local Government Authority (Study Of Financial Supervision And Management) 地方政府放权的概念(金融监督管理研究)

Protection: Journal Of Land And Environmental Law Pub Date : 2022-07-31 DOI: 10.38142/pjlel.v1i1.368

Petrus Avelino Framayuka Tolang, Solomon Dessalegn Dibaba

{"title":"The Concept Of Delegation Of Local Government Authority (Study Of Financial Supervision And Management)","authors":"Petrus Avelino Framayuka Tolang, Solomon Dessalegn Dibaba","doi":"10.38142/pjlel.v1i1.368","DOIUrl":"https://doi.org/10.38142/pjlel.v1i1.368","url":null,"abstract":"The development of regional autonomy has placed various new authorities possessed by the regions. One of these powers is the delegation of some regional authorities to sub-districts to support regional programs and policies. The sub-district itself has the authority, duties and functions, one of which is regarding financial management and supervision. The research method used is normative research with an approach to legislation. The results of the study show that the concept of delegating regional authority to sub-districts has been comprehensively regulated in Law Number 23 of 2014 concerning Regional Government. In the financial management and supervision of the sub-district, it is placed as a coordination line for the village in determining the APBDES which is regulated in PP Number 43 of 2014 Article 101 and Permendagri Number 113 of 2014 Article 23, namely the regent/mayor can delegate the implementation of the evaluation of the draft village regulation on APBDes to the sub-district head or other designations. In addition, the sub-district head has a role in submitting the APBDes Realization Report and the APBDes Realization Accountability Report to the regent/mayor.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132897118","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

Efficiency Of Regional Development (Study For Establishing Regional Regulations In South Bolaang Mongondow Regency On Cooperation Between Local Governments) 区域发展效率研究(基于地方政府合作的南博朗蒙古地区区域规制研究)

Protection: Journal Of Land And Environmental Law Pub Date : 2022-07-31 DOI: 10.38142/pjlel.v1i1.311

Rahmat Teguh Santoso Gobel, Mohamad Hidayat Muhtar

{"title":"Efficiency Of Regional Development (Study For Establishing Regional Regulations In South Bolaang Mongondow Regency On Cooperation Between Local Governments)","authors":"Rahmat Teguh Santoso Gobel, Mohamad Hidayat Muhtar","doi":"10.38142/pjlel.v1i1.311","DOIUrl":"https://doi.org/10.38142/pjlel.v1i1.311","url":null,"abstract":"Inter-regional cooperation is a system of working relationships carried out by two or more regions that are in a level and balanced position to achieve a common aim of enhancing people's welfare. South Bolaang Mongondow Regency's government is highly concerned about the significance of collaboration, both with neighboring regions, In this paper there 2 (two) research questions, namely; 1). What is the urgency of inter-regional cooperation in regional development?; 2). What are the philosophical, sociological and juridicial considerations for the information of a draft regional regulation on the implementation of Regional Coopertaion in South Bolaang Mongondow Regency?. The urgency of inter-regional cooperation found by the author is as follows; 1). Public Service Improvement; 2). Border Area; 3). Spatial Order 4).Disaster Management and Handling Potential Conflicts; 5). Poverty Reduction and Regional Disparities; 6). Increasing Role of Provinces; 7). Regional Expansion. And the Implementation of Regional Cooperation in South Bolaang Mongondow Regency required much deliberations and considerations in philosophical foundation, sociological foundation, and juridicial foundation. These considerations are as follows; a). Philosophical Foundation, The philosophical basis is a consideration or reason that demonstrates that the regulations formed base on Pancasila and 1945 Constitution; b). Sociological Foundation, Cooperation based on the needs and considerations of efficiency, effectiveness of public services and carried out in a mutually beneficial manner; c). Juridicial Foundation, The juridical or normative basis of a rule or rule, if the rule is part of a certain legal rule which in the legal rules points one to another.","PeriodicalId":206802,"journal":{"name":"Protection: Journal Of Land And Environmental Law","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115089366","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