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Implementation Of Lampung Regional Regulation Number 7 Of 2021 Concerning Implementation of Social Welfare of Persons With Disabilities (Study in Lampung Regional Government) 实施关于实施残疾人社会福利的2021年楠榜地区第7号条例(在楠榜地区政府的研究)
Pub Date : 2023-01-29 DOI: 10.31849/jgh.v4i2.12917
T. Edy, Anggalana, Angga Alfiyan
The purpose of this study is to analyze how the Government's efforts in this case the Lampung Regional Government as stake holders, are fully responsible for the implementation of the welfare rights of persons with disabilities and provide empowerment facilities so that persons with disabilities can develop independently, as affirmed in Law Number 8 of 2016 concerning Persons with Disabilities. The method used in this study is sociological juridical which focuses on the implementation and inhibiting factors for the implementation of welfare for persons with disabilities in the Lampung area. The results of this study show that Lampung Province itself has made legal products as stated in Lampung Regional Regulation Number 7 of 2021 concerning Social Welfare for Persons with Disabilities.
本研究的目的是分析政府在本案中的努力,楠绒地区政府作为利益相关者,如何全面负责落实残疾人的福利权利,并提供赋权设施,使残疾人能够独立发展,正如2016年关于残疾人的第8号法律所确认的那样。本研究使用的方法是社会学法学,重点研究南榜地区残疾人福利的实施和抑制因素。这项研究的结果表明,楠榜省本身已经根据2021年关于残疾人社会福利的楠榜地区条例第7号规定生产了合法产品。
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引用次数: 0
Accountability of Receipt and Expenditure of Political Party Finances in Pekanbaru City Based on Minister of Home Affairs Regulation Number 36 of 2018 基于2018年内政部长条例第36号的北干巴鲁市政党财政收支问责制
Pub Date : 2023-01-25 DOI: 10.31849/jgh.v4i2.10641
M. Ridwan
This study analyzes the accountability reports of political parties for financial assistance and expenditures originating from the regional budget using the sociological legal research method. Whereas there are obstacles in the practice of managing funds by members of political parties who are not accountable due to the limited knowledge of the management, as well as the change of management so that accountability is delegated to the new management. The imposition of administrative sanctions in the form of not being given APBD financial assistance to political parties that violate the provisions beyond the deadline or do not submit accountability reports to the Audit Board of Riau Province can encourage political parties to prepare accountability reports on financial receipts and expenditures.
本研究运用社会学法律研究方法,分析政党对地区预算财政援助和支出的问责报告。鉴于由于对管理层的了解有限,政党成员在管理资金的实践中存在不负责的障碍,以及管理层的变化,使责任下放给新的管理层。对超过期限违反规定或未向廖内省审计委员会提交责任报告的政党不给予行政部财政援助的形式实施行政制裁,可以鼓励政党编写关于财政收支的责任报告。
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引用次数: 0
The Existence Of Marriage Joint Property In The Bankruptcy Estate Due To Act Of Actio Pauliana By Curator 婚姻共同财产在管理人保利行为破产遗产中的存在
Pub Date : 2022-12-29 DOI: 10.31849/jgh.v4i2.12147
Monica Yuniartha Naibaho, Yuhelson, Cicilia Julyani Tondy
The existence of joint assets in bankruptcy assets is related to the acts of actio pauliana proposed by the curator. That there are no adequate legal regulations to provide legal certainty for third parties. Therefore, the formulation of the problem to be examined by the author is as follows: What are the legal consequences of joint property in bankruptcy for the actions of Actio Pauliana proposed by the curator?This research is classified as normative legal research, namely research based on secondary data consisting of secondary legal materials and tertiary legal materials. The approach method used in the analysis is normative juridical method. The results of the study are that it turns out that the legal consequences of joint assets in bankruptcy for the actions of actio pauliana proposed by the curator are the cancellation of the legal actions of the party with whom the legal actions were carried out so that they will result in losses to the parties.
破产财产中共同财产的存在与管理人提出的保证人行为有关。没有足够的法律规定为第三方提供法律确定性。因此,笔者要考察的问题提法如下:对于策展人提出的保利亚纳行动,破产共有财产的法律后果是什么?本研究属于规范性法律研究,即基于由二级法律资料和三级法律资料组成的二级数据的研究。分析中使用的研究方法是规范的法律方法。研究结果表明,共同财产破产对于管理人提出的保证人行为的法律后果是与当事人进行法律行为的一方的法律行为被取消,从而给当事人造成损失。
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引用次数: 0
The Implementation Of Re-Measurement Due To The Difference In The Land Area Listed On Certificates With Factual Land Area (Case Study In Pekanbaru Land Office) 因证照上所列土地面积与实际土地面积不一致而重新计量的实施(以北干巴鲁地政局为例)
Pub Date : 2022-12-29 DOI: 10.31849/jgh.v4i2.12300
Ade Pratiwi Susanty, S. Suhendro, Devie Rachmat Ali Hasan Rifaie
This article aims to explain the factors that cause the difference between juridical data and physical data/actual data in Land Title Certificate, and appropriate legal protection. This is yuridis empirical research and qualitative approach with descriptive explanatory technique. Research location at Pertanahan of Pekanbaru City`s office. This research revealed that the re-measurement caused by the incompatibility between the land area stated in the measuring letter and the land factual data at the Pekanbaru City Land Office has not been carried out properly, this is because there are still many applications for re-measurement that have not been completed. The Obstacles in re-measurement implementation include incomplete application files, shifts between the boundaries owned, and the existence of borders that do not want to sign new land boundaries. The efforts to overcome obstacles as well as legal protection for land rights certificate holders containing differences in factual data and juridical data are to make agreements for parties who do not want to restore land boundaries, settlement can be amicably by mediation by the land office, if it cannot be resolved amicably, then the rights holder can carry out legal liability by filing a lawsuit with the court.
本文旨在解释导致《土地权证》中法律数据与实物数据/实际数据差异的因素,以及相应的法律保护。这是尤利迪斯运用描述性解释技术的实证研究和定性方法。研究地点在北干巴鲁市办公室的Pertanahan。本研究发现,北干巴鲁市土地局因测量函中所述土地面积与土地实际数据不相符而导致的重新测量没有正确进行,这是因为仍有许多重新测量的申请尚未完成。重新测量实施中的障碍包括不完整的应用程序文件、所拥有的边界之间的转移以及不想签署新陆地边界的边界的存在。对于存在事实资料和法律资料差异的土地权利人,克服障碍和法律保护的努力是为不愿意恢复土地边界的当事人达成协议,可以通过土地办公室的调解友好解决,如果不能友好解决,那么权利人可以通过向法院提起诉讼来履行法律责任。
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引用次数: 0
Implementation Of The Medium Term Development Plan (Rpjm) In Village In Pelalawan Regency Based On Law Number 6 Of 2014 Concerning Village 根据2014年关于村庄的第6号法律在佩拉拉万县村庄实施中期发展计划(Rpjm
Pub Date : 2022-06-30 DOI: 10.31849/jgh.v4i01.10441
H. Hendri
The Village Medium Term Development Plan (RPJM) has been regulated in Article 82 Paragraph (4) of Law Number 6 of 2014 concerning Villages. That the Village is to the community through information services to the public and reports it in the Village Deliberation at least once a year. However, the implementation in the field is that in Pelalawan District the village head never informs the community. This study aims to analyze the implementation of information on village medium-term development plans (RPJM) in Pelalawan Regency based on Law Number 6 of 2014 concerning Villages. The method used is sociological law research. Data sources consist of primary data, secondary data, and tertiary data. Based on the results of the research, it is known that although the villages have prepared the Medium Term Development Plan (RPJM), the Village Head has not conveyed it to the community because there are no instructions from the Office. The Village RPJM as an important document is very much needed as a policy framework for implementing village development within a period of 6 (six) years. Barriers to Implementation of Plan Information.
关于村庄的2014年第6号法律第82条第(4)款规定了村庄中期发展计划。说明该村是通过向社会公众提供信息服务,并在每年至少一次的村委会审议中报告。然而,在实地的执行情况是,在Pelalawan区,村长从不通知社区。本研究旨在根据2014年第6号关于村庄的法律,分析Pelalawan县村庄中期发展计划(RPJM)信息的实施情况。使用的方法是社会学法研究。数据源包括主要数据、次要数据和第三次数据。根据研究结果可知,虽然各村已制订了《中期发展计划》,但由于办事处没有指示,村长并没有向社区传达该计划。作为一份重要文件,《乡村乡村发展规划》是在六年内实施乡村发展的政策框架,是非常必要的。计划信息实施的障碍。
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引用次数: 0
Exhaustion Doctrine on Intellectual Property The Doctrine of Exhaustion on Intellectual Property 知识产权权利穷竭原则
Pub Date : 2022-06-30 DOI: 10.31849/jgh.v4i01.10272
A. Tiaraputri
The exhaustion doctrine on intellectual property is a limitation of the owner's right to enforce his intellectual property rights. If an item has been marketed by, or with the consent of, the owner of the intellectual property in it, then that right is "expired" and can no longer be used to prevent or control the distribution of, or further sale of, the item. The exhaustion doctrine in the realm of intellectual property is controversial, because it is considered an exception to intellectual property infringement. In this paper, it will be discussed related to the application of the exhaustion doctrine in the realm of intellectual property, especially in copyrights, patents and brands. This article refers to legal research. The characteristic of legal research is to seek the truth of coherence in which a truth is based on the suitability of what is being studied with the established rules. The approaches used in this paper are the statute approach and the conceptual approach.
知识产权权利穷竭原则是对知识产权权利人行使其知识产权权利的一种限制。如果一件物品是由其知识产权所有者销售的,或经其同意销售的,那么该权利就“过期”了,不能再用来防止或控制该物品的分销或进一步销售。知识产权领域的权利穷竭原则存在争议,因为它被认为是知识产权侵权的例外。本文将讨论权利穷竭原则在知识产权领域,特别是在版权、专利和品牌方面的适用。本文涉及法律研究。法律研究的特点是寻求一致性的真理,而一致性的真理是建立在所研究的事物与既定规则的适宜性基础上的。本文采用的方法是法规法和概念法。
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引用次数: 1
LEGAL INCONSISTENCY OF LAND PROCUREMENT FOR MINING IN FOREST AREA 林区采掘土地征用的法律不一致
Pub Date : 2022-06-30 DOI: 10.31849/jgh.v4i01.10440
Rudi Khairul
Damage to natural resources in Indonesia is starting to have an impact on the community as a result of mining that does not heed environmental sustainability resulting in ecosystem damage such as water pollution, loss of ground cover and increased levels of hazardous substances. The type of research carried out is by using normative legal research which is limited to the study of the application of positive law under study. Procurement of land for the mining business sector involves many aspects of statutory regulations including the Forestry Law, Conservation Law, Environmental Law, Land Law, Investment Law and the Law governing Mining itself which consists of from the Minerba Law, the Oil and Gas Law and the Geothermal Law. the impact that arises as a result of legal inconsistencies in the mining sector, such as the presence of several mining companies mining in areas prohibited for mining.
由于不重视环境可持续性的采矿,对印度尼西亚自然资源的破坏开始对社区产生影响,从而造成生态系统破坏,如水污染、地面覆盖面积的减少和有害物质水平的增加。所进行的研究类型是运用规范法研究,仅限于研究所研究的成文法的适用问题。采矿业部门的土地采购涉及法定法规的许多方面,包括《森林法》、《保护法》、《环境法》、《土地法》、《投资法》和由《Minerba法》、《石油和天然气法》和《地热法》组成的采矿业本身的法律。由于采矿部门的法律不一致而产生的影响,例如有几家采矿公司在禁止采矿的地区采矿。
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引用次数: 0
IMPLEMENTATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES IN PEKANBARU CITY BASED ON LAW NUMBER 8 OF 2016 根据2016年第8号法律在北干巴鲁市落实残疾人权利
Pub Date : 2022-06-30 DOI: 10.31849/jgh.v4i01.10439
Hidayaturrahman Hidayaturrahman
This study aims to find out about the implementation of the rights of persons with disabilities in the field of accessibility in the city of Pekanbaru based on Law No. 8 of 2016 concerning Persons with Disabilities. The purpose of this study was to analyze what efforts were made to overcome obstacles in the Implementation of the Rights of Persons with Disabilities in the City of Pekanbaru based on Law No. 8 of 2016. The methodology of this research is sociological law carried out by survey, namely direct research of research locations using tools data collection in the form of interviews and observations. Research results found in the implementation of Law No. 8 of 2016 concerning PwDs is not implemented properly as it should. clear standards and objectives, good and right resources, characteristics of the implementers of the policy, how to communicate and establish relationships between the implementing parties and the objectives, dispositions and influence of the social and economic environment. Which of the results of research in the field that these six factors have not been able to be implemented properly and correctly.
本研究旨在根据2016年第8号关于残疾人的法律,了解北干巴鲁市在无障碍领域中残疾人权利的落实情况。本研究的目的是分析根据2016年第8号法律,在北干巴鲁市为克服残疾人权利实施中的障碍所做的努力。本研究的方法是通过调查进行的社会学法,即使用访谈和观察形式的工具数据收集对研究地点进行直接研究。2016年《残疾人法》第8号法实施调研结果未得到应有的落实。明确的标准和目标,良好和正确的资源,政策执行者的特点,如何沟通和建立执行方与目标之间的关系,社会和经济环境的倾向和影响。在该领域的研究结果中,哪一个认为这六个因素还没有能够得到恰当、正确的实施。
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引用次数: 0
Liability Of Criminal Actions Transfering Objects Of Fiduciary Security Without Approval From The Fiduciary Recipient 未经受信义人同意转让信义担保标的的刑事责任
Pub Date : 2022-06-30 DOI: 10.31849/jgh.v4i01.8656
Zulfi Diane Zaini, Rudi Irawan
 The presence of various consumer finance institutions has contributed greatly to the economic development of the community, especially people who have difficulty dealing with banks. The purpose of the research is to find out, understand and analyze the factors that cause the perpetrator to commit a crime, the criminal responsibility of the perpetrator of a crime and the basis for the judge's consideration in imposing a sentence against the perpetrator of a crime. The research method used is normative empirical. The ownership rights to the fiduciary collateral have been transferred to the fiduciary recipient creditor, so that the person concerned is the perfect owner of the fiduciary collateral object. In order to protect the interests of the fiduciary recipient creditor if the fiduciary recipient debtor defaults, the fiduciary recipient creditor automatically has the authority to sell the object of the fiduciary guarantee through a public auction or privately.
各种消费金融机构的存在极大地促进了社区的经济发展,特别是那些与银行打交道有困难的人。研究的目的是找出、了解和分析导致行为人犯罪的因素、行为人的刑事责任以及法官对行为人量刑的考虑依据。使用的研究方法是规范实证。信义抵押物的所有权转移给了受托债权人,当事人是信义抵押物的完全所有人。为了保护受托人债权人在受托人债务人违约时的利益,受托人债权人自动拥有通过公开拍卖或私下拍卖的方式出售受托保证标的的权力。
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引用次数: 0
The Use Of The Concept Of Restorative Justice Against The Criminal Act Of Murse In The Policepekanbaru City Resort 恢复性司法理念在警察北干巴鲁城市度假区护士犯罪行为中的运用
Pub Date : 2022-06-30 DOI: 10.31849/jgh.v4i01.10165
F. Fahmi, Rai Iqsandri, Rizana Rizana
Criminal law regulations must be in accordance with the justice system. The justice system in Indonesia is made so that there is justice for the community. One of the existing laws is criminal law. the rules made in criminal law have a purpose that can provide order, a sense of security and sanctions for the perpetrators. The purpose of the existence of the rule of criminal law is to correct the perpetrator and has the aim of a deterrent effect for people who commit crimes or violations. The criminal justice system also tends to be offender oriented, where victimology as a study must aim that the victim is given the rationale that the settlement of cases outside the court is necessary. As for example, namely the settlement of criminal cases with the concept of restorative justice (restorative justice). The concept of a restorative justice approach is an approach that provides justice and balance for fair victims and perpetrators
刑法规定必须符合司法制度。印度尼西亚的司法系统是为了使社区得到正义而建立的。现存的法律之一是刑法。刑法中制定的规则有一个目的,可以为犯罪者提供秩序、安全感和制裁。刑法规则存在的目的是纠正行为人,目的是对犯罪或违法行为的人起到威慑作用。刑事司法系统也倾向于以罪犯为导向,作为一门研究受害者学的目的必须是向受害者提供必要在法庭外解决案件的理由。例如,即刑事案件的解决具有恢复性司法(restorative justice)的概念。恢复性司法方法的概念是一种为公平的受害者和肇事者提供正义和平衡的方法
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引用次数: 1
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Jurnal Gagasan Hukum
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