Jurnal Cakrawala Hukum最新文献_第2页

The Ideality of Implementing Administrative Sanctions Against Environmental Damage 环境损害行政处罚实施的理想性

Jurnal Cakrawala Hukum Pub Date : 2023-08-27 DOI: 10.26905/idjch.v14i2.10420

Muhammad Rizky Akbar Ismail, Lego Karjoko

{"title":"The Ideality of Implementing Administrative Sanctions Against Environmental Damage","authors":"Muhammad Rizky Akbar Ismail, Lego Karjoko","doi":"10.26905/idjch.v14i2.10420","DOIUrl":"https://doi.org/10.26905/idjch.v14i2.10420","url":null,"abstract":"Based on the Government Regulation in Lieu of Law, it has reduced and changed the nomenclature for the imposition of administrative sanctions against environmental pollution and damage. As regulated in the Implementation of administrative sanctions from the instrument, five points are regulated by the government sanctions instrument. This article uses normative research methods with statutory and analytical approaches. Using primary and secondary data types using deductive logic analysis methods. The results of this study indicate that there is a change in administrative sanction arrangements, especially in administrative fines, where there is no specific indicator in providing the amount of fines. The revocation of business licenses is certainly in line with Good Governance, which lies in legal certainty, effectiveness, and efficiency. This is because the government has full responsibility for the legal position that is made to be implemented as fairly as possible. In addition, the government plays an active role in maximizing administrative law instruments wisely and responsibly.How to cite item: Ismail, Muhammad Rizky Akbar, and Lego Karjoko. “Ideality of Implementation Administrative Sanctions Against Environmental Damage in Indonesia.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 200-211. DOI: 10.26905/idjch.v14i2.10420.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128708253","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

Transfer of Land Ownership Through Frant with The Guaranteed Object 通过弗兰特与担保对象转让土地所有权

Jurnal Cakrawala Hukum Pub Date : 2023-05-18 DOI: 10.26905/idjch.v14i1.10005

Siti Ayu Rahayu, Honainah Honainah, Nur Fitriah, Bhim Prakoso, Ainun Najib

{"title":"Transfer of Land Ownership Through Frant with The Guaranteed Object","authors":"Siti Ayu Rahayu, Honainah Honainah, Nur Fitriah, Bhim Prakoso, Ainun Najib","doi":"10.26905/idjch.v14i1.10005","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.10005","url":null,"abstract":"This study aims to analyze how the concept of transferring land ownership rights through grants and how land status is obtained through grants, but the object remains a mortgage object. This article uses normative legal research methods. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this article is to study library materials. Analysis of legal material sources was carried out descriptively. The results of the study concluded that the transfer of ownership rights to land due to grants can only be registered if the PPAT makes a deed. The contents and procedures for drawing up a deed are regulated in the Regulation of the Minister of Agrarian Affairs/Head of BPN No.3 of 1997. For the transfer of ownership rights to land through a grant, a PPAT deed cannot be made because the object of the grant deed is still an object of mortgage rights. To anticipate that grants can still be made, a grant-binding agreement was made before a Notary in order to fulfill legal protection for the parties.How to cite item: Rahayu, Siti Ayu, Honainah, Nur Fitriah, Bhim Prakoso, and Ainun Najib. “Transfer of Land Ownership Through Frant with The Guaranteed Object.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 63-75. DOI: 10.26905/idjch.v14i1.10005.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130986045","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 Attorney's Authority in Conducting Wiretapping of The Corruption Crimes 检察官对贪污犯罪进行窃听的权力

Jurnal Cakrawala Hukum Pub Date : 2023-05-01 DOI: 10.26905/idjch.v14i1.9079

Romli Said Ali, Muhamad Sadi Is, Belmento Belmento

{"title":"The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes","authors":"Romli Said Ali, Muhamad Sadi Is, Belmento Belmento","doi":"10.26905/idjch.v14i1.9079","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.9079","url":null,"abstract":"The goal to be achieved in this paper is an analysis of efforts to prevent and eradicate criminal acts of corruption in the Attorney General's Office must have additional authority to carry out wiretapping because the Attorney's authority in wiretapping corruption in the Prosecutor's Law of the Republic of Indonesia has not yet been regulated. The problems that occur include the attorney's authority to tap acts of corruption regulated in another law, namely the Electronic Transaction Information Law. The method used is normative legal research. The result of the discussion is that the prosecutor's authority in wiretapping corruption in the future is to revise the Attorney General's Law of the Republic of Indonesia, which gives the prosecutor's authority in wiretapping corruption for the sake of the effectiveness and efficiency of the Attorney's performance, because the accuracy of wiretapping results can be accounted for, as well as optimizing the handling of corruption cases by the Attorney Great.How to cite item: Ali, Romli Said, Muhammad Sadi Is, and Belmento. “The Attorney's Authority in Conducting Wiretapping of The Corruption Crimes.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 54-62. DOI: 10.26905/idjch.v14i1.9079.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127918516","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

Local Government Authority in Managing Non-State-Owned Forest Areas to Reduce Deforestation 地方政府管理非国有林区以减少森林砍伐

Jurnal Cakrawala Hukum Pub Date : 2023-05-01 DOI: 10.26905/idjch.v14i1.9101

Redin Redin, Charis Kristotes Jordan

{"title":"Local Government Authority in Managing Non-State-Owned Forest Areas to Reduce Deforestation","authors":"Redin Redin, Charis Kristotes Jordan","doi":"10.26905/idjch.v14i1.9101","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.9101","url":null,"abstract":"Analyze the authority of local governments in maintaining forest cover in forest areas that are not owned by the state or APL as life support from deforestation due to forest conversion into business areas. Looking at the considerations for determining the 10 areas with the Decree of the Sintang Regent in the APL, shows that APL has an essential function as a community environment. Therefore, forests and biodiversity in APL must be managed by prioritizing the function of environmental protection. This research is normative, with data collection techniques carried out by library researchers. The results of the study show that the Sintang Regency Government is given the authority to manage APL in its administrative area based on the Decree of the Minister of Forestry Number SK.733/Menhut-II/2014 concerning Forest Areas and Marine Conservation in West Kalimantan Province. Through Government Regulation Number 23 of 2021, the government encourages regional governments according to their authority to protect forest cover in APL that do not yet have business permits to fulfill the carrying capacity and environmental capacity to reduce the rate of deforestation in non-state-owned forest areas.How to cite item: Redin, and Charis Kristotes Jordan. “Local Government Authority in Managing Non-State-Owned Forest Areas to Reduce Deforestation.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 36-45. DOI: 10.26905/idjch.v14i1.9101.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126917937","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

Notary's Obligation to Provide Legal Services Free of Charge 公证人免费提供法律服务的义务

Jurnal Cakrawala Hukum Pub Date : 2023-04-07 DOI: 10.26905/idjch.v14i1.8516

Rosy Indrajaya

{"title":"Notary's Obligation to Provide Legal Services Free of Charge","authors":"Rosy Indrajaya","doi":"10.26905/idjch.v14i1.8516","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.8516","url":null,"abstract":"The problem in this study is related to the parameter of the phrase unable to fulfill the Notary's obligations regulated in the Notary Office Law and the form of legal protection. So that the goal of this writing is to get legal protection for Notaries against the ambiguity of legal norms. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results of this study indicate that preventive legal protection can be provided through laws and regulations that explain the criteria/standards for underprivileged people, namely: livelihood, salary or wages, those who are only able to meet basic needs that are decent but unable to pay contributions for themselves and his family. The repressive legal protection that can be given to a Notary, in this case, is if the Notary is not sure about the financial condition of the apparel so that he cannot provide legal services in the notary field for free, then another form of providing legal services is in the form of a reduction in honorarium or notary fees. in making a deed, the amount of the notary's honorarium has been determined by the provisions of the law.How to cite item: Indrajaya, Rosy, “Notary's Obligation to Provide Legal Services Free of Charge.” Jurnal Cakrawala Hukum14 no. 1 (2023): 106-114. DOI: 10.26905/idjch.v14i1.8516.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124990835","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

Criminal Law Policies in an Effort to Tackle Criminal Acts of Terrorism Financing 打击恐怖主义融资犯罪行为的刑法政策

Jurnal Cakrawala Hukum Pub Date : 2023-04-07 DOI: 10.26905/idjch.v14i1.9881

M. Arief, M. Amrullah, Jurnal Cakrawala Hukum

{"title":"Criminal Law Policies in an Effort to Tackle Criminal Acts of Terrorism Financing","authors":"M. Arief, M. Amrullah, Jurnal Cakrawala Hukum","doi":"10.26905/idjch.v14i1.9881","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.9881","url":null,"abstract":"The issues that will be discussed in this research include what are. This research was initiated by the development of terrorist groups that request donations from individuals or groups or foundations, or corporations. Likewise, this writing aims to prevent the collection of funds to finance terrorist activities using corporations. Identifying Beneficial Owners of Corporations is very important in preventing criminal acts of terrorism financing. This article uses normative legal research methods. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this article is to study library materials. Analysis of legal material sources was carried out descriptively. Empowering in its concretization, legal products related to terrorism funding need to be harmonized and renewed. Because of this, the existing law should be updated to suit developments and the modus operandi of terrorist organizations in raising funds so that the abuse of corporations as a vehicle for committing criminal acts of terrorism funding can be prevented and eradicated.How to cite item: Amrullah, M. Arief, “Legal Problems Related to Mineral and Coal Mining Permits.” Jurnal Cakrawala Hukum 14 no. 1 (2023): 86-95. DOI: 10.26905/idjch.v14i1.9881.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123717965","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 Problems Related to Mineral and Coal Mining Permits 与矿物和煤炭开采许可证有关的法律问题

Jurnal Cakrawala Hukum Pub Date : 2023-04-07 DOI: 10.26905/idjch.v14i1.9872

Abdillah Dalimunte, M. Az, Supriyadi Supriyadi

{"title":"Legal Problems Related to Mineral and Coal Mining Permits","authors":"Abdillah Dalimunte, M. Az, Supriyadi Supriyadi","doi":"10.26905/idjch.v14i1.9872","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.9872","url":null,"abstract":"The issues that will be discussed in this research include what are the legal implications of transferring the authority to issue mining permits after the latest publication and what are the regulations regarding mining permits after mining permits are issued. The purpose of this study is to provide a review of legal changes related to the Mineral and Coal Mining Law. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. As a result of the transfer of the issuance of mining permits to the central government, it appears that this is aimed at unraveling licensing issues which will later facilitate the investment climate in Indonesia so as to increase Indonesia's economic growth. The impact that occurs is the authority owned by the local government where currently the local government does not have attributive authority in terms of issuing mining permits. Harmonization of Mining Business Permit arrangements means seeking conformity or harmony between laws and regulations so that overlapping regulations do not occur and as a process of establishing laws and regulations to address conflicting matters among the legal norms that have been in effect.How to cite item: Dalimunte, Abdillah, Mohammad Gufron AZ, Supriyadi, “Legal Problems Related to Mineral and Coal Mining Permits.” Jurnal Cakrawala Hukum 14 no. 1 (2023): 76-85. DOI: 10.26905/idjch.v14i1.9872.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124302962","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

Theoretical Study of Employment Issues 就业问题理论研究“，

Jurnal Cakrawala Hukum Pub Date : 2023-04-07 DOI: 10.26905/idjch.v14i1.9873

Ardiansyah Hamid, K. Indrayanti, Diah Aju Wisnuwardhani

{"title":"Theoretical Study of Employment Issues","authors":"Ardiansyah Hamid, K. Indrayanti, Diah Aju Wisnuwardhani","doi":"10.26905/idjch.v14i1.9873","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.9873","url":null,"abstract":"The problem raised in this research is regulating workers' rights and their protection in the Law. This study uses normative legal research methods with several approaches, namely the statutory and conceptual approaches. The results of this study state that the rights of workers/laborers are essential to implement because if workers and laborers are not given rights that are by human rights, then the work carried out by workers will not be able to run correctly. Whereas the contents of the manpower articles in the Law still have several normative problems, namely not yet providing guarantees of legal certainty for guarantees for the protection of workers' rights, such as determining proper wages and eligibility for severance pay. Likewise, with the provisions regarding layoffs, the Law only accommodates the interests of employers so that it can have implications for unilateral termination of employment relations with workers. The philosophical concept of Law is still co-opted with the liberal economic spirit, which is the fundamental basis for the birth of the Law, resulting in most people's rejection of the Law.How to cite item: Hamid, Ardiansyah, Kadek Wiwik Indrayanti, and Diah Aju Wisnuwardhani. “The Issue of Labor Law Versus Human Rights.” Jurnal Cakrawala Hukum 14 no. 1 (2023): 96-105. DOI: 10.26905/idjch.v14i1.9873.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124259845","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 Notary Deeds Due to Comparison Error 公证契约比对错误的法律后果

Jurnal Cakrawala Hukum Pub Date : 2023-04-01 DOI: 10.26905/idjch.v14i1.9906

Elva Ria Rimawati, Rachmi Sulistyorini, Fathul Laila

引用次数: 0

Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption 非食用性动物肉品流通的刑法政策制定

Jurnal Cakrawala Hukum Pub Date : 2023-04-01 DOI: 10.26905/idjch.v14i1.10049

Nahdiya Sabrina

{"title":"Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption","authors":"Nahdiya Sabrina","doi":"10.26905/idjch.v14i1.10049","DOIUrl":"https://doi.org/10.26905/idjch.v14i1.10049","url":null,"abstract":"This study aims to provide an analysis of the many cases of distribution of non-food animal meat for consumption purposes that have recently received attention, such as the rampant sale of cat and dog meat which often occurs in society. Cats and dogs are pets kept by humans. These animals are not included in the consumption of livestock. Consumption of non-food animals is a heinous act that can become a zoonotic vector. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. The results obtained are that there are laws and regulations related to the distribution of non-food animal meat for consumption purposes, but some of these regulations do not mention the imposition of sanctions on the distribution of non-food animal meat for consumption purposes. Criminal laws should provide for the torture of animals and the distribution of non-food animal meat for consumption and sanctions. This is considering the dangers of consuming non-food animals which have the potential to harm the wider community.How to cite item: Sabrina, Nahdiya. “Formulation of Criminal Law Policy for Distribution of Non-Food Animal Meat for Consumption.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 28-35. DOI: 10.26905/idjch.v14i1.10049.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125703501","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