Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal最新文献

Analysis of the Issuance of Government Regulation in Lieu of Law (PERPPU) Number 2 Year 2022 in the Perspective of Law Formation Politics 法律形成政治学视角下的《2022年第2期政府代法条例》发行分析

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.67018

Zulwisman Zulwisman, Muhammad Haikal Diegio

引用次数: 0

Legal Certainty on Land Ownership Rights Above Management Rights 土地所有权高于经营权的法律确定性

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.67824

Alwaahab Agirda Nugraha Effendi, Akhmad Darajati Setiawan

{"title":"Legal Certainty on Land Ownership Rights Above Management Rights","authors":"Alwaahab Agirda Nugraha Effendi, Akhmad Darajati Setiawan","doi":"10.15294/ipmhi.v3i2.67824","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67824","url":null,"abstract":"The development of legal product shows its influence with the occurrence of a tug-of-war pattern between responsive legal products and conservative legal products. The formal legal policy of Law Number 11 of 2020 concerning Job Creation (UUCK) starts from the government's political will, which is expected to be able to break the chain of bureaucracy and harmonize government policies to support the investment climate. One of the efforts is a change in legal products in agrarian affairs related to Hak Milik and Hak Pengelolaan. Hak Milik can be issued on Hak Pengelolaan land, but the nature of Hak Milik as the strongest and most complete right over the land will experience ambiguity if issued on Hak Pengelolaan land as a state-controlled right that does not result in the cancellation or release of Hak Milik. This results in a lack of legal certainty regarding the position of Hak Milik. This study examines how Government Regulation Number 18 of 2021 concerning Hak Pengelolaan, Hak Atas Tanah, Condominium Units, and Land Registration as a derivative of UUCK provides legal certainty for Hak Milik standing on Hak Pengeloaan. The results of the study show that Hak Milik, Hak Guna Bangunan and Hak Pakai issued on Hak Pengelolaan do not result in the cancellation of the legal relationship with the holder of Hak Pengelolaan. Hak Pengelolaan can be released through a mechanism of releasing rights, the process of which is reported to the Ministry of Agrarian and Spatial and then released as state land for subsequent application for the issuance of Hak Milik to eligible right applicants and Hak Pengelolaan will automatically be cancelled if Hak Milik have been issued on Hak Pengelolaan based on a letter of approval from the holder of Hak Pengelolaan","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313301","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

Factors Causing The Rise Of Early Childhood Marriage In Indonesia In Terms Of The Marriage Law 从婚姻法看印尼早婚现象兴起的因素

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.67503

Afif Farhan

引用次数: 0

The Role of Students as Legal Assistants in Litigation Assistance Activities in the Community 学生作为法律助理在社区诉讼援助活动中的作用

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.68216

Muhammad Wafa Abdurrozaq, Hazlam Roy Mahendra

{"title":"The Role of Students as Legal Assistants in Litigation Assistance Activities in the Community","authors":"Muhammad Wafa Abdurrozaq, Hazlam Roy Mahendra","doi":"10.15294/ipmhi.v3i2.68216","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.68216","url":null,"abstract":"Students is an entity of agent of change. The role of students in carrying out legal assistance is one of service in the community, considering that students are agents of change. Legal, both written and unwritten, of course, is to bring justice in the body of society. The problem factor that is often an obstacle in the realization of justice in society is limitation or limited access to legal services, in this case lawyers or advocates due to economic factors and the factor of the public's grain of legal assistance. This must certainly be addressed to students as an agent of change who is able to bring change by becoming a legal assistant or legal companion in providing legal services to the community. If justice in society is realized, it will allow each layer of society to get the opportunity to develop its entire potential. Based on this, this article aims to review (1) How the role of students as Legal Assistants in community assistance activities; (2) What is expected from litigation assistance activities in the community from the perspective of students and the community. Where in relation, law students can participate in serving the community and have the opportunity to develop the potential they have in the field of law, as well as applying the knowledge they get during the classroom learning process.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313312","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

Citizens Lawsuit: Development And Its Implementation In Environmental Law Enforcement In Indonesia (Case Study: High Court Decision No. 549/Pdt/2022/PT DKI Concerning Citizens Lawsuit for DKI Jakarta Air Pollution) 公民诉讼:印度尼西亚环境执法的发展及其实施(案例研究:高等法院关于DKI雅加达空气污染公民诉讼的第549/Pdt/2022/PT DKI号判决)

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.67370

Muhamad Nafi Uz Zaman

{"title":"Citizens Lawsuit: Development And Its Implementation In Environmental Law Enforcement In Indonesia (Case Study: High Court Decision No. 549/Pdt/2022/PT DKI Concerning Citizens Lawsuit for DKI Jakarta Air Pollution)","authors":"Muhamad Nafi Uz Zaman","doi":"10.15294/ipmhi.v3i2.67370","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67370","url":null,"abstract":"Citizen lawsuit as a form of lawsuit in enforcing environmental law has already been applied several times in judicial practice in Indonesia. However, the citizen lawsuit mechanism does not yet have specific rules, so the detailed provisions have not been determined either. This raises questions about the development and application of citizen lawsuits in environmental law enforcement in Indonesia and their relevance to citizen participation in environmental preservation. This paper aims to analyze and provide an overview of the challenges and opportunities for citizen lawsuits in Indonesia by taking into account existing practices. The results of the study show that citizen lawsuits are a concrete form of public participation in enforcing environmental law, because they are based on the public interest. In addition, there are challenges to implementing citizen lawsuits that must be studied in more depth, including: the scope which is still limited in the absence of regulations or negligence of government action, the maximum period of time when CLS can be filed, the effect of government lawsuits/indictments on matters being sued in CLS and the executive power of the CLS decision.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313596","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

Exclusive Economic Zone: Contemporary Law of the Sea Fisheries Regulations 专属经济区:当代海洋法渔业条例

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.71165

Toni Toni, Winanda Kusuma, A Cery Kurnia, Muhamad syaiful Anwar, Rafiqa Sari

{"title":"Exclusive Economic Zone: Contemporary Law of the Sea Fisheries Regulations","authors":"Toni Toni, Winanda Kusuma, A Cery Kurnia, Muhamad syaiful Anwar, Rafiqa Sari","doi":"10.15294/ipmhi.v3i2.71165","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.71165","url":null,"abstract":"The sea as an important area in a country must be able to be maintained both for state sovereignty and respect for sovereign rights. This is regulated in the jurisdiction of the territorial sea regime which applies sovereignty and the EEZ regime which applies sovereign rights. This research analyzes the background of agreements on international regulation of the sea and the utilization of fisheries which are also regulated in international law. The current international law of the sea only strictly regulates regional regimes and territorial jurisdiction, while the nature of fisheries cannot follow this. This research method is normative where international fisheries law arrangements still do not exist. The vacuum of international norms is only filled by weak international agreements and their implementation cannot be forced. The history of the current international law of the sea shows that the basis of the agreement is only related to territory and respect for maritime law in the form of international customs. It needs to be understood that the sea as a natural area must be used in a sustainable manner and also must not violate, so the marine potential, especially fisheries, needs to be agreed with strict sea area regulations and optimal utilization within the framework of the welfare and sustainability of marine ecosystems.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313441","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

Sustainable Development Goals: Polemic Study of Analysis of Environmental Impacts After Perppu Cipta Kerja 可持续发展目标:秘鲁灾难后环境影响分析的论战研究

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.67091

Abdhy Walid Siagian, Habib Ferian Fajar, Rozin Falih Alify

引用次数: 0

The Legal Challenges to Regulate New Energy in Indonesia :A Context of Green Legislation Vs State Control 印尼监管新能源的法律挑战:绿色立法与国家控制的背景

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.67513

Rahadyan Fajar Harris, Indria Wahyuni, Wilda Prihatiningtyas

{"title":"The Legal Challenges to Regulate New Energy in Indonesia :A Context of Green Legislation Vs State Control","authors":"Rahadyan Fajar Harris, Indria Wahyuni, Wilda Prihatiningtyas","doi":"10.15294/ipmhi.v3i2.67513","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i2.67513","url":null,"abstract":"The Legislation of Indonesian New Energy and Renewable Energy Law (RUU EBET) received a negative response from various circles of society and academia. Main concept of the EBET Bill as green legislation is expected could encourage the energy transition and low-carbon development by reducing fossil energy and increasing the role of renewable energy. However, the internalization of new energy sources in the formulation of the EBET Bill, which is a product of fossil energy derivatives, is considered to hinder the energy transition process, so it is encouraged to be abolished. Nevertheless, the academic paper of the EBET Bill actually reveals that there is a national interest that is also urgent to be regulated in the EBET Bill, which is state control of new energy sources whose governance is still unclear. Therefore, this paper aims to explain the juridical conflict in the position of the EBET Bill as green legislation and at the same time as an instrument of state control over natural resources. The method used is normative juridical with statutory and conceptual approaches. The results of the research show that the EBET Bill should have two complementary goals, namely mitigating climate change through accelerating the energy transition and managing new energy sources that are still not organized in an orderly manner. The two goals are not to contradict one another, but serve as mutually reinforcing roadmaps. Keywords EBET Bill, Green Legislation, New Energy Source, New Energy, State Control.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313311","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

Implementation of Law Number 16 of 2011 Concerning Legal Aid as a Form of Implementation of the Welfare Law State Concept 2011年第16号法关于法律援助作为实施福利法国家概念的形式的实施情况

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-07-31 DOI: 10.15294/ipmhi.v3i2.71410

Muhammad Wahyu Saiful Huda, Syahlila Umaya Astrovanapoe, Tia Amalia, Dian Latifiani

引用次数: 0

An Essential Elements in Virtual Land Buying Transactions as Digital Asets in Metaverse Based onn Indonesian Positive Law 基于印尼实在法的虚拟土地购买交易中作为数字资产的要素分析

Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Pub Date : 2023-01-01 DOI: 10.15294/ipmhi.v3i1.57585

Billa Ratuwibawa Nyimasmukti, Mustika Setianingrum Wijayanti, Dewi Bella Juniarti

{"title":"An Essential Elements in Virtual Land Buying Transactions as Digital Asets in Metaverse Based onn Indonesian Positive Law","authors":"Billa Ratuwibawa Nyimasmukti, Mustika Setianingrum Wijayanti, Dewi Bella Juniarti","doi":"10.15294/ipmhi.v3i1.57585","DOIUrl":"https://doi.org/10.15294/ipmhi.v3i1.57585","url":null,"abstract":"Virtual land as a blockchain-based digital asset in the metaverse is becoming popular and is considered to have high investment potential. There are no ordinance governing the ownership and the trading transaction (buying and selling) of virtual land in Indonesia, giving rise to debates regarding the fulfillment of the essential elements of trading virtual land which consists of objects and prices. Consider, the determination of a thing included in the object is based on the provisions in the law of objects conforming to the Civil Code which is closed. In addition, the price used in trading is stated in cryptocurrency, even though based on Article 35 of Central Bank of Indonesia Regulation Number 18/40/PBI/2016 and Article 8 paragraph 2 of Central Bank of Indonesia Regulation Number 19/12/PBI/2017 have explained the prohibition on payment with cryptocurrency or virtual currency. Whether or not the essential elements in a transaction can result in the transaction being declared null and void. The normative-juridical method uses secondary data, including: primary, secondary and tertiary legal materials. In addition, this research utilizes the legal and conceptual approach used by this research. The results indicated that the object element in the virtual land trading transaction in the metaverse has been fulfilled, but the price element is not fulfilled thus the framework of the agreement that should be embedded in the virtual land transfer transaction using cryptocurrency is swap assets, not trading.","PeriodicalId":495918,"journal":{"name":"Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358651","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