The writing of this article starts from the problems that exist in the development situation in each region, especially in spatial planning, almost certainly has the same problem, such as the absence of consistent and strict licensing in development. Such as floods that occurred in urban areas of Jakarta, Bogor, Depok, Tangerang, Bekasi due to the development of the city. It is increasing the number of population, activities, and land requirements both for settlements and economic activities so that there is a change of function that should be used as a conservation area and green open space has turned into a residential area. This research uses the normative legal research method or discusses this problem more to the study of literature or secondary data. The normative legal analysis includes research on constitutional principles, research on legal systematics, research on the degree of vertical and horizontal synchronization, comparison of law, and history of law. Law enforcement on sustainable spatial planning is a very complex phenomenon with various approaches, both legal, social, political, economic and cultural issues so that for the benefit of the community, the interests of the government as well as the harmony of spatial planning, environmental sustainability needs supporting capacity of the environment and resources nature is included in the case of sustainable development.
{"title":"PROBLEMATICS AND LEGAL DIMENSIONS IN ARRANGEMENT OF SPACE ACCORDING TO LAW NUMBER 26 OF 2007","authors":"Amiludin Amiludin, M. Asmawi","doi":"10.31000/IJLP.V1I2.2781","DOIUrl":"https://doi.org/10.31000/IJLP.V1I2.2781","url":null,"abstract":"The writing of this article starts from the problems that exist in the development situation in each region, especially in spatial planning, almost certainly has the same problem, such as the absence of consistent and strict licensing in development. Such as floods that occurred in urban areas of Jakarta, Bogor, Depok, Tangerang, Bekasi due to the development of the city. It is increasing the number of population, activities, and land requirements both for settlements and economic activities so that there is a change of function that should be used as a conservation area and green open space has turned into a residential area. This research uses the normative legal research method or discusses this problem more to the study of literature or secondary data. The normative legal analysis includes research on constitutional principles, research on legal systematics, research on the degree of vertical and horizontal synchronization, comparison of law, and history of law. Law enforcement on sustainable spatial planning is a very complex phenomenon with various approaches, both legal, social, political, economic and cultural issues so that for the benefit of the community, the interests of the government as well as the harmony of spatial planning, environmental sustainability needs supporting capacity of the environment and resources nature is included in the case of sustainable development.","PeriodicalId":104139,"journal":{"name":"Indonesian Journal of Law and Policy Studies","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126584851","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}
Village regulations, as part of the rules, must-have content material if they are to be established. In higher standards, the content of village regulations is not explicitly regulated but only explains the macro aspects of village authority. Given that the content material is not in detail, it is essential to reinforce the content of village regulations as a guide in its formation. Through normative juridical research that uses a statutory and conceptual approach, the results found two critical things. First, affirming the content of village regulations is very important considering that the village government regime has the authority to form village regulations, which are a type of statutory provision as is familiar with other laws and regulations. Second, the content of village regulations can be emphasized and detailed by looking at the authority of the village. Thus, the content materials that can be used as guidelines in the formation of village regulations are as follows: 1). The content relating to the rights of origin of the village; 2). Material content about the value of local communities; 3). The contents of which are the duties of the government following the provisions of laws and regulations.
{"title":"URGENCY OF CONTENT VILLAGE REGULATION IN THE FRAMEWORK OF VILLAGE GOVERNANCE","authors":"Ali Rido","doi":"10.31000/IJLP.V1I2.2970","DOIUrl":"https://doi.org/10.31000/IJLP.V1I2.2970","url":null,"abstract":"Village regulations, as part of the rules, must-have content material if they are to be established. In higher standards, the content of village regulations is not explicitly regulated but only explains the macro aspects of village authority. Given that the content material is not in detail, it is essential to reinforce the content of village regulations as a guide in its formation. Through normative juridical research that uses a statutory and conceptual approach, the results found two critical things. First, affirming the content of village regulations is very important considering that the village government regime has the authority to form village regulations, which are a type of statutory provision as is familiar with other laws and regulations. Second, the content of village regulations can be emphasized and detailed by looking at the authority of the village. Thus, the content materials that can be used as guidelines in the formation of village regulations are as follows: 1). The content relating to the rights of origin of the village; 2). Material content about the value of local communities; 3). The contents of which are the duties of the government following the provisions of laws and regulations.","PeriodicalId":104139,"journal":{"name":"Indonesian Journal of Law and Policy Studies","volume":"352 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131460618","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}
This study aims to determine the implementation of fiduciary guarantees in financing agreements for motor vehicle purchases and the legal consequences if debtors default in financing the purchase of motor vehicles with fiduciary guarantees at PT. BFI Finance Gorontalo. The research method uses normative legal methods. Data sources consist of primary legal materials, secondary legal materials and non-legal materials. The results showed that the implementation of fiduciary guarantees in motor vehicle financing agreements at PT. BFI Finance Gorontalo is in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees. Default by the debtor can result in the execution of fiduciary guarantees without having to obtain a court decision because the fiduciary guarantee certificate has the same executorial power as a court decision that has obtained permanent legal force, without having to wait for a court decision, execution can continue to be carried out. If the debtor or fiduciary giver fails the promise, the execution of the object that becomes the object can be done by executing the executable title. If in the implementation of fiduciary collateral execution the transfer of collateral occurs by the debtor, then the PT. BFI Finance Gorontalo can take legal action on accusations of embezzlement of collateral.
{"title":"LEGAL RIGHTS OF CONSUMER FINANCE AGREEMENT RELATED TO FIDUSIAN GUARANTEE SETTINGS IN THE CITY OF GORONTALO","authors":"Nurul Insani, Upik Mutiara","doi":"10.31000/IJLP.V1I2.2845","DOIUrl":"https://doi.org/10.31000/IJLP.V1I2.2845","url":null,"abstract":"This study aims to determine the implementation of fiduciary guarantees in financing agreements for motor vehicle purchases and the legal consequences if debtors default in financing the purchase of motor vehicles with fiduciary guarantees at PT. BFI Finance Gorontalo. The research method uses normative legal methods. Data sources consist of primary legal materials, secondary legal materials and non-legal materials. The results showed that the implementation of fiduciary guarantees in motor vehicle financing agreements at PT. BFI Finance Gorontalo is in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees. Default by the debtor can result in the execution of fiduciary guarantees without having to obtain a court decision because the fiduciary guarantee certificate has the same executorial power as a court decision that has obtained permanent legal force, without having to wait for a court decision, execution can continue to be carried out. If the debtor or fiduciary giver fails the promise, the execution of the object that becomes the object can be done by executing the executable title. If in the implementation of fiduciary collateral execution the transfer of collateral occurs by the debtor, then the PT. BFI Finance Gorontalo can take legal action on accusations of embezzlement of collateral.","PeriodicalId":104139,"journal":{"name":"Indonesian Journal of Law and Policy Studies","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125101309","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}
Sofyan Wimbo Agung Pradnyawan, S. Nurani, Arief Budiono, S. Sasongko
The Constitutional Court responded to the existence of a debt collector who had been very unsettling by the Constitutional Court by issuing Decision Number 18/PUU-XVII/2019 dated January 6, 2020. Based on the request for a judicial review of Law 42/1999 submitted by husband and wife Apriliani Dewi and Suri Agung Prabowo . Apriliani is a fiduciary who experiences direct losses as a result of creditors' withdrawal of the object of fiduciary security in the form of a car. Both applicants are declared to have legal standing in submitting a request for a judicial review. The Constitutional Court granted it with Decision Number 18/PUU-XVII/2019. In this decision, the execution mechanism for the fiduciary guarantee object was changed by the Constitutional Court as long as it was not provided voluntarily by the debtor. Previously, the Fiduciary Law allowed creditors to execute the object of fiduciary collateral themselves, but now to carry out the execution, creditors must submit an application to the District Court. However, the implementation of direct execution by the creditor without going through the District Court can be done if the debtor admits that there is a default or default in his agreement with the creditor.
宪法法院于2020年1月6日发布了第18/PUU-XVII/2019号决定，对宪法法院一直非常不安的收债人的存在做出了回应。根据Apriliani Dewi和Suri Agung Prabowo夫妇提出的对第42/1999号法律进行司法审查的请求。Apriliani是一名受托人，由于债权人以汽车的形式撤回信托担保对象而遭受直接损失。两个申请人都被宣布具有提交司法审查请求的法律地位。宪法法院以第18/PUU-XVII/2019号决定予以批准。在此次判决中，只要不是债务人自愿提供，宪法法院就可以改变信义保证对象的执行机制。以前，《信托法》允许债权人自己执行信义抵押品的对象，但现在要执行，债权人必须向地方法院提出申请。然而，如果债务人承认与债权人的协议中存在违约或违约情况，债权人可以不经区域法院直接执行。
{"title":"Execution of Fiduciary Collateral Based on the Decision of the Constitutional Court Number 18/PUU-XVII/2019","authors":"Sofyan Wimbo Agung Pradnyawan, S. Nurani, Arief Budiono, S. Sasongko","doi":"10.31000/IJLP.V1I2.3165","DOIUrl":"https://doi.org/10.31000/IJLP.V1I2.3165","url":null,"abstract":"The Constitutional Court responded to the existence of a debt collector who had been very unsettling by the Constitutional Court by issuing Decision Number 18/PUU-XVII/2019 dated January 6, 2020. Based on the request for a judicial review of Law 42/1999 submitted by husband and wife Apriliani Dewi and Suri Agung Prabowo . Apriliani is a fiduciary who experiences direct losses as a result of creditors' withdrawal of the object of fiduciary security in the form of a car. Both applicants are declared to have legal standing in submitting a request for a judicial review. The Constitutional Court granted it with Decision Number 18/PUU-XVII/2019. In this decision, the execution mechanism for the fiduciary guarantee object was changed by the Constitutional Court as long as it was not provided voluntarily by the debtor. Previously, the Fiduciary Law allowed creditors to execute the object of fiduciary collateral themselves, but now to carry out the execution, creditors must submit an application to the District Court. However, the implementation of direct execution by the creditor without going through the District Court can be done if the debtor admits that there is a default or default in his agreement with the creditor.","PeriodicalId":104139,"journal":{"name":"Indonesian Journal of Law and Policy Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129514651","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}
In the case of PT Asuransi Jiwasraya, the company’s management decision caused the company to suffer a loss. To prove whether the Business Judgement Rulr can be used to protect the decisions that have been made, surely it must proven first: how the decision process is made, both from the legal aspects of the company and the criteria for the Business Judgement Rule.
{"title":"Penerapan Business Judgement Rules Dalam Badan Usaha Milik Negara Studi Kasus PT Asuransi Jiwasraya","authors":"Franky Ariyadi","doi":"10.31000/IJLP.V1I1.2635","DOIUrl":"https://doi.org/10.31000/IJLP.V1I1.2635","url":null,"abstract":"In the case of PT Asuransi Jiwasraya, the company’s management decision caused the company to suffer a loss. To prove whether the Business Judgement Rulr can be used to protect the decisions that have been made, surely it must proven first: how the decision process is made, both from the legal aspects of the company and the criteria for the Business Judgement Rule.","PeriodicalId":104139,"journal":{"name":"Indonesian Journal of Law and Policy Studies","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134070779","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}
Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.
{"title":"PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI","authors":"Upik Mutiara, Romi Maulana","doi":"10.31000/IJLP.V1I1.2648","DOIUrl":"https://doi.org/10.31000/IJLP.V1I1.2648","url":null,"abstract":"Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.","PeriodicalId":104139,"journal":{"name":"Indonesian Journal of Law and Policy Studies","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132300271","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}
The issue of determining the winners of the presidential election, the tenure of president and vice president, the principle of electing the regional head and the legal regime of the regional head are issues that are still not completely regulated in the constitution and need improvement. Several articles in the constitution relating to people's sovereignty should the MPR make changes to article 6 paragraph (3), article 7, article 18 paragraph (4) and article 23 paragraph (2) by looking at the practice of state administration and the dynamic development of democratic life. MPR as an institution that has the authority to change the constitution can carry out the process of changing the constitution according to the mechanism of article 37 of the 1945 Constitution. such as the absence of the presidential treshold regime and separate elections between legislative elections, presidential elections, local elections. Therefore, the Parliament and the President are called upon to amend Law No. 7 of 2017 concerning elections in line with constitutional values
{"title":"EVALUASI NORMA KEDAULATAN RAKYAT DALAM KONSTITUSI DAN PELAKSANAANNYA DALAM KERANGKA NEGARA HUKUM DEMOKRATIS","authors":"Endang Puji Lestari, Muh. Risnain","doi":"10.31000/IJLP.V1I1.2633","DOIUrl":"https://doi.org/10.31000/IJLP.V1I1.2633","url":null,"abstract":"The issue of determining the winners of the presidential election, the tenure of president and vice president, the principle of electing the regional head and the legal regime of the regional head are issues that are still not completely regulated in the constitution and need improvement. Several articles in the constitution relating to people's sovereignty should the MPR make changes to article 6 paragraph (3), article 7, article 18 paragraph (4) and article 23 paragraph (2) by looking at the practice of state administration and the dynamic development of democratic life. MPR as an institution that has the authority to change the constitution can carry out the process of changing the constitution according to the mechanism of article 37 of the 1945 Constitution. such as the absence of the presidential treshold regime and separate elections between legislative elections, presidential elections, local elections. Therefore, the Parliament and the President are called upon to amend Law No. 7 of 2017 concerning elections in line with constitutional values","PeriodicalId":104139,"journal":{"name":"Indonesian Journal of Law and Policy Studies","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114752178","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：