Yurisdiksi Jurnal Wacana Hukum dan Sains最新文献_第4页

Transfer of Agricultural Land Function in relation to Spatial Law on 论农地功能转移与空间规律的关系

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2023-03-30 DOI: 10.55173/yurisdiksi.v18i4.139

Yusuf Efendi, Mohammad Roesli, Asep Heri

{"title":"Transfer of Agricultural Land Function in relation to Spatial Law on","authors":"Yusuf Efendi, Mohammad Roesli, Asep Heri","doi":"10.55173/yurisdiksi.v18i4.139","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i4.139","url":null,"abstract":"\u0000\u0000The purpose of this study is to analyze the legal procedures for permitting land use change in the perspective of administrative law. space, in terms of reviewing positive law and the strength of the influence of laws and regulations, reviewing positive law in terms of legal effectiveness. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. Thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. Agricultural land products have received protection in accordance with the ratification of Law no. 41 of 2009 and this is also reinforced by Presidential Regulation No. 59 of 2019 concerning controlling land use change, but in reality population growth and the need to live together with development are rife being built regardless of the concept of being environmentally intelligent. but in concept the existing legal regulations are still based on large entrepreneurs with high production capacity which suppress the compulsion of rural farmers who are far from government administration.\u0000\u0000","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81992407","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

Justice And Tax Benefits of Msmes In Government Regulation No. 23 of 2018 2018年第23号政府法规中中小微企业的公平与税收优惠

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2023-03-30 DOI: 10.55173/yurisdiksi.v18i4.144

Reinhard Yeremia, M. Hidayat, Handyka Prayogi Lesmana

{"title":"Justice And Tax Benefits of Msmes In Government Regulation No. 23 of 2018","authors":"Reinhard Yeremia, M. Hidayat, Handyka Prayogi Lesmana","doi":"10.55173/yurisdiksi.v18i4.144","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i4.144","url":null,"abstract":"Tax collection is a function that the state must carry out for the welfare of the people. Every tax levy must be based on law. Thus the tax must have a clear legal basis and its implementation should not be carried out without a legal basis.To achieve the target of state revenue, the government agreed to sign Government Regulation of the Republic of Indonesia No. 23 of 2018 (PP 23) concerning income tax on income from business received or obtained by Taxpayers with Certain Gross Circulation. Through this Government Regulation, entrepreneurs and SMEs who have income of less than Rp. 4.8 billion in one tax year can pay a tax of 0.5 percent of their gross turnover. The aspect of justice is one of the cons that is often highlighted considering that the PPH 23/2018 income tax is included in the final tax. This is the MSME tax which is final. Regardless of whether the final result of the taxpayer's business is profit or loss, as long as the taxpayer has a turnover, the taxpayer must pay taxes. The type of research in this research is normative juridical law research, which is research based on literature study. Found through a good arrangement, PP 23 of 2018 is a form of partisanship of the state in the field of taxation for the community. MSMEs are given leeway in calculating their taxes, which are half a percent of the gross turnover each month. In addition, PP 23 was made to encourage the public to participate in formal economic activities, by providing convenience and more justice to taxpayers. Government Regulation no.23 of 2018 is expected to be able to support Tax Collection and expand the taxation database, as well as support policies that strengthen the national economy.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89109642","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

Juridical Analysis For Mediationland Dispute Resolution 土地纠纷调解的法律分析

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2023-03-30 DOI: 10.55173/yurisdiksi.v18i4.170

Nanin Oktaviani, Habib Adjie

引用次数: 1

Decree of the President of the Republic of Indonesia No 55/M of 2020 Concerning Termination and Appointment of Membership No After the Supreme Court Decision Number5P/HUM/2021 印度尼西亚共和国2020年第55/M号总统令，关于根据最高法院第5p /HUM/2021号决定终止和任命成员

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2023-03-30 DOI: 10.55173/yurisdiksi.v18i4.167

Novi Hamzah, Widyawati Boediningsih

{"title":"Decree of the President of the Republic of Indonesia No 55/M of 2020 Concerning Termination and Appointment of Membership No After the Supreme Court Decision Number5P/HUM/2021","authors":"Novi Hamzah, Widyawati Boediningsih","doi":"10.55173/yurisdiksi.v18i4.167","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i4.167","url":null,"abstract":"The purpose of this research is to find outpositionNO as an independent institution after the Decision of the Supreme Court Number 5 P/HUM/2021 and the Decision of the Supreme Court Number 5 P/HUM/2021 against the Decree of the President of the Republic of Indonesia No. 55/M, this research method uses normative juridical issues through law by looking at legal norms in force, also aims to reveal the truth in a systematic and consistent manner. Research results The validity of a decision and/or can be seen from 3 aspects, namely authority, procedure and substance which can be tested based on laws and regulations, AUPB, court decisions, and whether or not there is a juridical defect. So that decisions or actions of government administration are declared invalid if they are wrong in terms of authority and declared null and void if they are wrong in terms of procedure and/or substance. Supreme Court decision number 5P/HUM/2021 considers the MENKES Regulation a form of government interference in KKI, so Permenkes Number 81 of 2019 concerning Amendments to Minister of Health Regulation Number 496/MENKES/PER/V/2008 is null and void by law including the Decree of the President of the Republic of Indonesia No 55/M of 2020 regarding the appointment of KKI members for the period 2020 to 2025","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"160 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73743571","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 Cadastral Surveyor in Land Measurement in Complete Systematic Land Registration in Semarang City 三宝垄市完全系统土地登记中地籍测量师在土地测量中的作用

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2023-03-30 DOI: 10.55173/yurisdiksi.v18i4.166

Fairus Augustina Rachmawati, A. Silviana

{"title":"The Role of Cadastral Surveyor in Land Measurement in Complete Systematic Land Registration in Semarang City","authors":"Fairus Augustina Rachmawati, A. Silviana","doi":"10.55173/yurisdiksi.v18i4.166","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i4.166","url":null,"abstract":"In guaranteeing legal certainty to holders of Land Rights (HAT), what is called land registration is carried out as a form of implementation carried out by the Government. Land registration itself is regulated in Government Regulation Number 24 of 1997 concerning Land Registration. At the land registration stage, a physical and juridical data collection process is required wherein the physical data collection is carried out by the measuring officer or a Licensed Cadastral Surveyor. So that in this study aims to find out more about the role of the Licensed Cadastral Surveyor in the process of measuring land parcels in the Complete Systematic Land Registration program in Semarang City and the regulations governing the role of the Licensed Cadastral Surveyor in terms of measuring land parcels. This study used qualitative normative methods with data collection techniques using library research and observations made in Sampangan and Bendan Duwur Villages, Semarang City. The results of the study show that the role of the Licensed Cadastral Surveyor in the Complete Systematic Land Registration conducted in the City of Semarang is very important in measuring land parcels and collecting data by always paying attention to the Delimitation Contradictory Principle. Regulations regarding Licensed Surveyors are guided by the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the Republic of Indonesia Land Agency Number 22 of 2016 and Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 9 of 2021 concerning Licensed Surveyors.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76443688","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

Law Enforcement In Responding To Social Media User's Provocation That Results In Competitive Fights 执法部门应对社交媒体用户的挑衅，导致竞争打架

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2023-03-30 DOI: 10.55173/yurisdiksi.v18i4.169

Randy Krisna Putra Mandelly, Tanudjaya, Nynda Fatmawati Octarina

{"title":"Law Enforcement In Responding To Social Media User's Provocation That Results In Competitive Fights","authors":"Randy Krisna Putra Mandelly, Tanudjaya, Nynda Fatmawati Octarina","doi":"10.55173/yurisdiksi.v18i4.169","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i4.169","url":null,"abstract":"This study aims to determine the role of law in Indonesia in tackling cases with provocation types on social media. Like the provocation that occurs on social media, it triggers a fight. In this study, the authors review the negative side of social media in throwing provocations which result in duels, because duels are fights in physical or verbal contact involving 2 (two) different individuals to duel to resolve problems between the two. In conducting research, the author uses a normative juridical approach using laws and regulations as study material. With reference to Law no. 19 of 2016 and Articles 182 – 183 of the Criminal Code are expected to be able to answer questions regarding problematic. The purpose of this study is to reinforce the rule of law in social media provocations which are expected not to recur, This research is a normative juridical research method that originates from written regulations in the form of statutory regulations in the positive law applicable in Indonesia. As well as the authors use descriptive research, where the authors will provide studies and an overview of law enforcement in social media and implementation in the real world by measuring the policy of imposing criminal penalties against perpetrators of duel fights.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81912093","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 Fairness In The Principle of Decency Reviewed From Business Ethics In Business Contracts 从商业合同中的商业伦理看《正派原则》中的公平概念

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2023-03-30 DOI: 10.55173/yurisdiksi.v18i4.168

Sudargo Tandiono, Tanudjaja

引用次数: 1

Legal Consequences of Marriage Agreements Separation of Property Against Calculations Income Tax 婚姻协议的法律后果财产分离不计算所得税

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2022-12-30 DOI: 10.55173/yurisdiksi.v18i3.151

Siswo Pranoto, Widyawatie Boediningsih

{"title":"Legal Consequences of Marriage Agreements Separation of Property Against Calculations Income Tax","authors":"Siswo Pranoto, Widyawatie Boediningsih","doi":"10.55173/yurisdiksi.v18i3.151","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i3.151","url":null,"abstract":"This study aims to obtain results on the legal consequences of separation of assets in tax calculations and the principle of fairness for tax calculations in accordance with the provisions of the Director General of Taxes. The research method used is normative juridical by using testing techniques through a statutory approach as well as applicable legal theories, concepts and principles compared to the implementation in the field, especially about the method of calculating the separation of assets in accordance with the regulations of the Director General of Taxes and the calculation should be if in accordance with the marriage agreement for the separation of property. The research provides results if using the calculation method in accordance with tax regulations, the couple is still owed tax and / or greater even though each of them has been deducted from income tax and should be nil. And the principle of legal justice that should be obtained by the taxpayer of separation of property on the mechanism for determining taxable income by tax regulations is not to occur because with the deed of marriage agreement for separation of property made before a Notary which is an authentic deed, it should be from the beginning that from the beginning everything is separate including with his property, but for taxes it is not recognized the deed because the income is combined first.\u0000 ","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84544744","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

Public Listed Companies Takeovers Comparison Under Indonesian and Malaysian Law 印尼和马来西亚法律下的上市公司收购比较

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2022-12-30 DOI: 10.55173/yurisdiksi.v18i3.156

Maria Ulfah Tidar, Kurnia Toha

{"title":"Public Listed Companies Takeovers Comparison Under Indonesian and Malaysian Law","authors":"Maria Ulfah Tidar, Kurnia Toha","doi":"10.55173/yurisdiksi.v18i3.156","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i3.156","url":null,"abstract":"The current condition of business competion is getting tighter. This causes the company to compete to maintain its existence. One way to do that is by restructuring the company. Takeover is one type of corporate restructuring. Takeover is a legal action carried out by a legal entity or individual to take over company shares resulting in a transfer of control over the company. The purpose of this legal research is to increase knowledge in the field of public listed companies takeovers based on Indonesian and Malaysian Law which can be benefit to legal practitioners. This research is a normative legal research using statutory and comparative approach. The data used in this research is secondary data. The results of the study are a public listed company that undertakes a takeover in not only subject to the laws and regulations regarding limited liability companies, but also must comply with the provisions of the capital market laws and regulation. After the takeover process occurs, the expropriating party must carry out a mandatory tender offer process. There are differences in terms of public listed companies takeover process between Indonesian and Malaysian Law including the requirements to become a new controller, minority shareholder rights, and takeover’s impact regulation on business competition.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"27 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89686492","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 Effectiveness of Expansion of The Working Area of Land Deed Officials Related To Electronic Land Services 扩大与电子土地服务有关的地契官员工作范围的成效

Yurisdiksi Jurnal Wacana Hukum dan Sains Pub Date : 2022-12-30 DOI: 10.55173/yurisdiksi.v18i3.157

Linnga Felani

{"title":"The Effectiveness of Expansion of The Working Area of Land Deed Officials Related To Electronic Land Services","authors":"Linnga Felani","doi":"10.55173/yurisdiksi.v18i3.157","DOIUrl":"https://doi.org/10.55173/yurisdiksi.v18i3.157","url":null,"abstract":"Fulfillment of legality in legal relations and legal actions in the private sphere, the authority is given to public officials who are called PPAT. In terms of carrying out the duties of the PPAT, the aim is to provide a deed as evidence of a special legal action relating to land and buildings. To maximize this goal, the Government Regulation concerning PPAT Position Regulations was enacted in which there was an expansion of the working area into a provincial area and the convenience of electronic land information services. The existence of such expansion cannot be applied by PPAT. The formulation of the problem in this study is the effectiveness of the expansion of the PPAT's work area related to electronic land information services and the criteria for expanding the PPAT's work area that reflect legal certainty. The research method in this paper is normative juridical research. The research results obtained from this writing are that the expansion of the PPAT work area based on electronic land information services cannot run effectively because there is no coordination between Land Offices in other regions, differences in values in the application of BPHTB and no regulation regarding technical legal actions related to land in other work areas against PPAT and other parties.","PeriodicalId":33055,"journal":{"name":"Yurisdiksi Jurnal Wacana Hukum dan Sains","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81960061","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