Journal of Progressive Law and Legal Studies最新文献

Issuance of Building Approval (PBG) for Development on Land Affected by Street Plans in Surabaya City 为受泗水市街道规划影响的土地上的开发项目颁发建筑许可证（PBG）

Journal of Progressive Law and Legal Studies Pub Date : 2024-07-20 DOI: 10.59653/jplls.v2i03.1062

Ida Fatmawati, Rusdianto Sesung

{"title":"Issuance of Building Approval (PBG) for Development on Land Affected by Street Plans in Surabaya City","authors":"Ida Fatmawati, Rusdianto Sesung","doi":"10.59653/jplls.v2i03.1062","DOIUrl":"https://doi.org/10.59653/jplls.v2i03.1062","url":null,"abstract":"This research examines the issuance of Building Approval (PBG) for developments on land affected by road plans in Surabaya City, focusing on the legal consequences and status of such buildings. Employing a normative legal research methodology, the study scrutinizes relevant laws and regulations, including Surabaya Mayor Regulation Number 34 of 2023 and Government Regulation (PP) Number 16 of 2021. The findings reveal that buildings erected on government land without the required IMB or PBG are in violation of these regulations, which may result in their demolition and a lack of legal protection. The study highlights that unauthorized constructions disrupt urban planning and entail legal repercussions under the Job Creation Law, Article 29 Paragraph 1 point c. Buildings lacking IMB and PBG are subject to demolition as they are considered invalid without regional government authorization. The research emphasizes the necessity for rigorous supervision by the Mayor of Surabaya to ensure compliance. Additionally, it explores the broader significance of these permits as essential steps in converting urban spatial policies into operational frameworks, pivotal for road development and urban planning.","PeriodicalId":497713,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"75 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141818996","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

Social Change in Baduy Society from the Perspective of Auguste Comte's Three Stages of Law 从奥古斯特-孔德的 "法律三阶段 "看巴杜伊社会的变迁

Journal of Progressive Law and Legal Studies Pub Date : 2024-07-18 DOI: 10.59653/jplls.v2i03.1038

Faishal Agil Al Munawar

引用次数: 0

Legaculturation: Turning Laws into a Culture 法律文化化：将法律转化为文化

Journal of Progressive Law and Legal Studies Pub Date : 2024-07-11 DOI: 10.59653/jplls.v2i03.886

Belal Dahiam Saif Ghaleb

{"title":"Legaculturation: Turning Laws into a Culture","authors":"Belal Dahiam Saif Ghaleb","doi":"10.59653/jplls.v2i03.886","DOIUrl":"https://doi.org/10.59653/jplls.v2i03.886","url":null,"abstract":"The interaction between law and culture is fundamental to the functioning of any society. While laws are formal rules enforced by state institutions, culture encompasses the shared values, beliefs, and practices of a society. In order to eliminate problems such as the conflict between law and culture, the pressure of law on culture, the society's behavior against the law, and similar problems, law must be adapted to the culture and existing laws must be made a culture of the society. This article explores the process of transforming legal norms into cultural ones, emphasizing the mechanisms through which laws are internalized and become an integral part of social behavior. By examining historical precedents, theoretical frameworks, and contemporary examples, the article demonstrates how legal norms can shape and be shaped by cultural norms, transcending their formal boundaries. More significantly, it illustrates how the state's promulgation, enforcement, and potential future enactment of laws can be rendered more palatable, acceptable, and culturally integrated to both the state and society. The article posits that as society embraces laws as part of its culture, not only will the state's expenditure on ensuring security decrease, but societal trust will also increase, reducing conflicts and insecurities in the application of laws. The article also, introduces the concept of Legaculturation and emphasizes the importance of turning (transforming) laws into a culture. This comprehensive research provides a professional and detailed examination of the concept of Legaculturation by combining information from existing literature. Ultimately, the article assumes that society will thrive in welfare underpinned by a harmonious blend of legal and cultural norms.","PeriodicalId":497713,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"109 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141657199","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 Certainty In Financial Disputes Case Resolution Progressive Legal Perspective 金融纠纷案件解决的法律确定性渐进式法律视角

Journal of Progressive Law and Legal Studies Pub Date : 2024-05-10 DOI: 10.59653/jplls.v2i02.845

Ferdinand Sembiring, Yasmirah Mandasari Saragih

{"title":"Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective","authors":"Ferdinand Sembiring, Yasmirah Mandasari Saragih","doi":"10.59653/jplls.v2i02.845","DOIUrl":"https://doi.org/10.59653/jplls.v2i02.845","url":null,"abstract":"Pure Legal Theory (The Pure Theory of Law) is a positive legal theory. However, it does not discuss positive Law that applies in a particular legal system; it only discusses general legal theory. Hans Kelsen's presentation of Pure Legal Theory aims to explain the nature of Law and methods of making Law rather than explaining what the Law should be or the best way for Law to be created. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to determine how the legal certainty and protection of the parties in mediating the resolution of Sharia financial disputes, a comparison of progressive legal analysis of Hans Kelsen and Satjipto Raharjo's legal theory in resolving Sharia financial disputes. Based on the research and discussion results, a picture is obtained that legal certainty (rechtssicherheit) Legal certainty is the certainty of laws or regulations; all kinds of methods, methods, and so on must be based on laws or regulations. Within legal certainty, there are positive laws and written laws. Normative legal certainty is when a regulation that regulates it clearly and logically is created and promulgated. Progressive Law wants to return the Law to the right track (on the right track). For this reason, Satjipto Rahardjo thinks that legal breakthroughs are needed (legal breakthroughs, not legal breaking) in law formation and enforcement.","PeriodicalId":497713,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990541","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

Purpose of Implementing Progressive Law against Criminal Offenders in Order to Provide Legal Certainty and Legal Benefits 实施针对刑事罪犯的渐进式法律以提供法律确定性和法律利益的目的

Journal of Progressive Law and Legal Studies Pub Date : 2024-05-10 DOI: 10.59653/jplls.v2i02.844

Muhammad Rafandi Harahap, Andry Syafrial Tanjung

{"title":"Purpose of Implementing Progressive Law against Criminal Offenders in Order to Provide Legal Certainty and Legal Benefits","authors":"Muhammad Rafandi Harahap, Andry Syafrial Tanjung","doi":"10.59653/jplls.v2i02.844","DOIUrl":"https://doi.org/10.59653/jplls.v2i02.844","url":null,"abstract":"The implementation of Progressive Law Enforcement is motivated by the desire to avoid negative effects on the ineffectiveness of the criminal justice system in accommodating criminal cases so that the law enforcement process does not continue through the courts. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to find out the philosophical basis of Progressive Law in providing legal certainty and legal benefits and the application of Progressive Law by the National Police in increasing the resolution of criminal cases. Based on the research and discussion results, a picture is obtained that law is the rules and guidelines that regulate life in society to create peace and order. Progressive legal ideas occupy a separate legal position. Various groups in handling legal cases, especially in the country, emphasize the preposition of Progressive Legal theory. Especially emphasizing the element of benefit in the form of human peace in society, nation, and state, the implementation of progressive law as an effort to improve the resolution of criminal cases requires that police investigators be able to carry out their duties and authority professionally, accountably and morally so that progressive law enforcement can be in line with legal objectives. It provides legal certainty, legal benefits, and a sense of justice.","PeriodicalId":497713,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":" 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140992139","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

Supervision of Fishery Resources through Integrated Technology 通过综合技术监管渔业资源

Journal of Progressive Law and Legal Studies Pub Date : 2024-02-17 DOI: 10.59653/jplls.v2i02.646

Ramlan Ramlan, Faisal Riza

引用次数: 0