Pub Date : 2021-09-11DOI: 10.32801/lamlaj.v6i2.256
Berliane Rezty Anggriheny, Regina Yusticia Nababan
Law Number 11 of 2020 concerning Job Creation is believed to be able to save Indonesia because it is considered to be able to create jobs, assist small business actors, streamline regulations in terms of numbers and simplify regulations to make them more targeted. On the other hand, the job creation law is considered to be detrimental to many groups, such as workers such as laborers, fishermen, and farmers who are also considered to only provide benefits to entrepreneurs. Law Number 11 of 2020 with new rules and amendments to Article 18 and Article 19 of Law Number 41 of 1999 concerning Forestry. In Law Number 41 of 1999 concerning Forestry, it is regulated that changes in the allocation and function of forest areas are determined by the Government based on the results of integrated research. Second, the area offorest that must be maintained is at least 30% (percent) of the area of river watersheds and/or islands with a proportional distribution. However, in the Job Creation Law the minimum figure of 30% (thirty percent) is no longer mentioned in the amendment article and the abolition of provisions related to the DPR’s authority in giving approval for the transfer of functions/changes in forest areas. This paper aims to find out the principles that have been violated and the legal consequences of applying the article. The research method used in this research is the type of normative legal research. The results of this study indicate that there are deviations from the land principle and the principle of consent which can cause the norms contained in Article 18 paragraph (2) and Article 19 paragraph (2) of Law Number 11 of 2020 to be less enforceable. The abolition of the minimum area of forest area and the abolition of the DPR’s authority to approve the transfer of functions/changes to forest areas, will have the potential to provide greater opportunities for deforestation.
{"title":"The Consequence of the Legal Application of Forest Area Defense Principles and Approval Principles","authors":"Berliane Rezty Anggriheny, Regina Yusticia Nababan","doi":"10.32801/lamlaj.v6i2.256","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.256","url":null,"abstract":"Law Number 11 of 2020 concerning Job Creation is believed to be able to save Indonesia because it is considered to be able to create jobs, assist small business actors, streamline regulations in terms of numbers and simplify regulations to make them more targeted. On the other hand, the job creation law is considered to be detrimental to many groups, such as workers such as laborers, fishermen, and farmers who are also considered to only provide benefits to entrepreneurs. Law Number 11 of 2020 with new rules and amendments to Article 18 and Article 19 of Law Number 41 of 1999 concerning Forestry. In Law Number 41 of 1999 concerning Forestry, it is regulated that changes in the allocation and function of forest areas are determined by the Government based on the results of integrated research. Second, the area offorest that must be maintained is at least 30% (percent) of the area of river watersheds and/or islands with a proportional distribution. However, in the Job Creation Law the minimum figure of 30% (thirty percent) is no longer mentioned in the amendment article and the abolition of provisions related to the DPR’s authority in giving approval for the transfer of functions/changes in forest areas. This paper aims to find out the principles that have been violated and the legal consequences of applying the article. The research method used in this research is the type of normative legal research. The results of this study indicate that there are deviations from the land principle and the principle of consent which can cause the norms contained in Article 18 paragraph (2) and Article 19 paragraph (2) of Law Number 11 of 2020 to be less enforceable. The abolition of the minimum area of forest area and the abolition of the DPR’s authority to approve the transfer of functions/changes to forest areas, will have the potential to provide greater opportunities for deforestation.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43549961","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}
Pub Date : 2021-09-11DOI: 10.32801/lamlaj.v6i2.262
Recca Ayu Hapsari, B. Hartono, Yana Listiyani
In transactions using Paypal, of course, there are many reasons for the risk of disputes occurring, ranging from delays in delivery, damaged goods, and transactions without authorization. The problem will be different when they carry out business transactions in different regions of the country and they have different nationalities. The research method uses a normative and empirical juridical approach, a normative juridical approach is carried out by studying legal norms or rules, while the empirical approach is carried out by direct interviews with sources who will relate to research problems, the data analysis used is qualitative. In trading transactions via the internet, trade is generally carried out by people who are located and subject to different countries and jurisdictionsThe legal relationship between Payment Gateway Users and Payment Gateway Providers At Fintech Paypal Indonesia is where the parties involved in the electronic payment system include consumers, business actors, acquirers, issuers and payment gateway providers. legal relationships that arise between consumers, business actors, acquirers, issuers and payment gateway operators are born from agreements made by the parties. Dispute Resolution and Chargeback Claims in Payment Gateway Transaction activities on Paypal Fintech where the paypal system provides services can communicate directly with the seller by opening a dispute at the Paypal Dispute Settlement Center. if it is not completed in following the policies provided by paypal services, consumers or business actors can ask for recommendations to mediate to the paypal service center but if they are not finished, business actors and consumers can resolve disputes through litigation, which usually business actors are subject to the applicable law, applies where the consumer is a national.
{"title":"Dispute Settlement Analysis and Refused Claims in Payment Gateway Transactions on Paypal Indonesia","authors":"Recca Ayu Hapsari, B. Hartono, Yana Listiyani","doi":"10.32801/lamlaj.v6i2.262","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.262","url":null,"abstract":"In transactions using Paypal, of course, there are many reasons for the risk of disputes occurring, ranging from delays in delivery, damaged goods, and transactions without authorization. The problem will be different when they carry out business transactions in different regions of the country and they have different nationalities. The research method uses a normative and empirical juridical approach, a normative juridical approach is carried out by studying legal norms or rules, while the empirical approach is carried out by direct interviews with sources who will relate to research problems, the data analysis used is qualitative. In trading transactions via the internet, trade is generally carried out by people who are located and subject to different countries and jurisdictionsThe legal relationship between Payment Gateway Users and Payment Gateway Providers At Fintech Paypal Indonesia is where the parties involved in the electronic payment system include consumers, business actors, acquirers, issuers and payment gateway providers. legal relationships that arise between consumers, business actors, acquirers, issuers and payment gateway operators are born from agreements made by the parties. Dispute Resolution and Chargeback Claims in Payment Gateway Transaction activities on Paypal Fintech where the paypal system provides services can communicate directly with the seller by opening a dispute at the Paypal Dispute Settlement Center. if it is not completed in following the policies provided by paypal services, consumers or business actors can ask for recommendations to mediate to the paypal service center but if they are not finished, business actors and consumers can resolve disputes through litigation, which usually business actors are subject to the applicable law, applies where the consumer is a national.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47795009","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}
Pub Date : 2021-08-30DOI: 10.32801/lamlaj.v6i2.259
Achmad Abdul Wahid, Muhammad Ikbal Rachman, Moh Imam Gusthomi
The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.
{"title":"Comparison of the Concept of Command Responsibility in Human Rights Court Provisions","authors":"Achmad Abdul Wahid, Muhammad Ikbal Rachman, Moh Imam Gusthomi","doi":"10.32801/lamlaj.v6i2.259","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.259","url":null,"abstract":"The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42630802","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}
Pub Date : 2021-08-08DOI: 10.32801/lamlaj.v6i2.266
Muh. Afdal Yanuar
The purpose of this study is, to explain the legal concept and regulation of anti-tipping off in the banking sector, and to explore about the position of the Suspicious Transaction Report belonging to the target company bank in the merger activity based on anti-tipping off provisions. This is Normative legal Research with a statutory approach, a conceptual approach and a comparative approach. The background of the problem in this paper is, there is no strong legitimacy about definition and limitation of the meaning of the phrase ‘other parties’ in article 12 paragraph (1) Anti Money Laundering Law, which regulate about anti tipping off, wether the absorbing company bank is the 'other parties' of target company bank on the merger activity or not, when target company bank delivered it suspicious transaction reports to absorbing company bank prior to the merger. The results and discussion concluded that Anti-tipping off is a provision that prohibits tipping off. Tipping off itself is an action by a senior officer or Management or Employee of the Reporting Party (inter alia, Bank) to disclose facts related to a Suspicious Transaction Report that has been reported to Financial Intelligence Unit (in casu, PPATK). This is concrete and manifested in the provisions of Article 12 paragraph (1) of the Anti Money Laundering Law. Besides that, Viewed from the anti-tipping off perspective, all the rights owned by the target company Bank prior to the merger, ex officio, become the rights of the absorbing company, since the target company Bank legally merges into a part of the absorbing company. Based on that, it can be concluded that with respect to merger activities, the absorbing company banks are not ‘other Parties’ from the target company Bank.
{"title":"Anti-Tipping off Perspective to Target Company Bank's Suspicious Transaction Report in Merger Activity","authors":"Muh. Afdal Yanuar","doi":"10.32801/lamlaj.v6i2.266","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.266","url":null,"abstract":"The purpose of this study is, to explain the legal concept and regulation of anti-tipping off in the banking sector, and to explore about the position of the Suspicious Transaction Report belonging to the target company bank in the merger activity based on anti-tipping off provisions. This is Normative legal Research with a statutory approach, a conceptual approach and a comparative approach. The background of the problem in this paper is, there is no strong legitimacy about definition and limitation of the meaning of the phrase ‘other parties’ in article 12 paragraph (1) Anti Money Laundering Law, which regulate about anti tipping off, wether the absorbing company bank is the 'other parties' of target company bank on the merger activity or not, when target company bank delivered it suspicious transaction reports to absorbing company bank prior to the merger. The results and discussion concluded that Anti-tipping off is a provision that prohibits tipping off. Tipping off itself is an action by a senior officer or Management or Employee of the Reporting Party (inter alia, Bank) to disclose facts related to a Suspicious Transaction Report that has been reported to Financial Intelligence Unit (in casu, PPATK). This is concrete and manifested in the provisions of Article 12 paragraph (1) of the Anti Money Laundering Law. Besides that, Viewed from the anti-tipping off perspective, all the rights owned by the target company Bank prior to the merger, ex officio, become the rights of the absorbing company, since the target company Bank legally merges into a part of the absorbing company. Based on that, it can be concluded that with respect to merger activities, the absorbing company banks are not ‘other Parties’ from the target company Bank. ","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44348434","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}
Pub Date : 2021-03-31DOI: 10.32801/LAMLAJ.V6I1.236
Dewi Masyitha
Mixed marriage has become a common thing nowadays, but the arrangement in Indonesia is still limited. Even until now there has been no regulation regarding mixed marriages between Civil Servants and Foreign Citizens, even though their status as Civil Servants has various special consequences. Thus, there is a need for a special arrangement to accommodate the rights and obligations of perpetrators of mixed marriages between civil servants and foreign citizens. This type of research uses a normative juridical approach. Based on this research, it can be concluded that the urgency of establishing a regulation on mixed marriage between civil servants and foreigners is needed as a guide for civil servants in fulfilling their rights and obligations and their implementation needs to be outlined in the revision of PP. 10 of 1983 and PP. 7 of 1977.
{"title":"Urgency of Marriage Regulation Between Civil State between Civil State Employees and Foreign Citizens","authors":"Dewi Masyitha","doi":"10.32801/LAMLAJ.V6I1.236","DOIUrl":"https://doi.org/10.32801/LAMLAJ.V6I1.236","url":null,"abstract":"Mixed marriage has become a common thing nowadays, but the arrangement in Indonesia is still limited. Even until now there has been no regulation regarding mixed marriages between Civil Servants and Foreign Citizens, even though their status as Civil Servants has various special consequences. Thus, there is a need for a special arrangement to accommodate the rights and obligations of perpetrators of mixed marriages between civil servants and foreign citizens. This type of research uses a normative juridical approach. Based on this research, it can be concluded that the urgency of establishing a regulation on mixed marriage between civil servants and foreigners is needed as a guide for civil servants in fulfilling their rights and obligations and their implementation needs to be outlined in the revision of PP. 10 of 1983 and PP. 7 of 1977.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"6 1","pages":"134-146"},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47860187","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}
Pub Date : 2021-03-31DOI: 10.32801/LAMLAJ.V6I1.242
Muhammad Insan Tarigan
Indonesia is the second-largest producer of plastic pollution in the world after China. Based on the data in 2018, there were about 1.29 million tonnes plastic waste end up in the ocean per annum. With that regard, Indonesia needs to be responsible for the negligence in doing the international obligation to prevent, reduce, and manage the pollution that affect marine environment. The purpose of this research is to observe Indonesia’s commitment in reducing plastic pollution on marine environment by doing some legal approach. Therefore, this research conducted by normative juridical and using descriptive analysis. Data analysis that obtained is done through literature study. The conclusion of this research is that the commitment of Indonesian Government on preventing plastic waste in marine environment relatively needs to be improved. There are some of regulations which already targeted that has not established yet by Indonesian Government.
{"title":"Measuring Indonesia's Commitment to Reducing Plastic Waste in the Sea Through A Legal Approach","authors":"Muhammad Insan Tarigan","doi":"10.32801/LAMLAJ.V6I1.242","DOIUrl":"https://doi.org/10.32801/LAMLAJ.V6I1.242","url":null,"abstract":"Indonesia is the second-largest producer of plastic pollution in the world after China. Based on the data in 2018, there were about 1.29 million tonnes plastic waste end up in the ocean per annum. With that regard, Indonesia needs to be responsible for the negligence in doing the international obligation to prevent, reduce, and manage the pollution that affect marine environment. The purpose of this research is to observe Indonesia’s commitment in reducing plastic pollution on marine environment by doing some legal approach. Therefore, this research conducted by normative juridical and using descriptive analysis. Data analysis that obtained is done through literature study. The conclusion of this research is that the commitment of Indonesian Government on preventing plastic waste in marine environment relatively needs to be improved. There are some of regulations which already targeted that has not established yet by Indonesian Government.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"6 1","pages":"103-118"},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48203286","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}
Pub Date : 2021-03-31DOI: 10.32801/LAMLAJ.V6I1.245
Wencislaus Sirjon Nansi
The Article Entitled "Strengthening Public Participation in the Prevention of Corruption through the Regulation of Integrative Participative Institutions" is a normative study that wants to analyze the importance of the role of public participation in controlling the policies of prisons in Indonesia in order to minimize corrupt practices in prisons. The results of the authors' study found that there are obstacles in optimizing the role of public participation in efforts to prevent corruption in prisons, that correctional regulations do not strictly and in detail about community participation. Therefore, the solution offered in this paper is that the government or legislators immediately create regulations that accommodate public participation in controlling correctional policies in Indonesia through participatory correctional regulations. So that this can become a legal basis that provides legal certainty for the public to participate in preventing corruption in prisons
{"title":"Strengthening Community Participation in Prevention of Corruption through the Regulation Integrated Participative Correctional Institutions","authors":"Wencislaus Sirjon Nansi","doi":"10.32801/LAMLAJ.V6I1.245","DOIUrl":"https://doi.org/10.32801/LAMLAJ.V6I1.245","url":null,"abstract":"The Article Entitled \"Strengthening Public Participation in the Prevention of Corruption through the Regulation of Integrative Participative Institutions\" is a normative study that wants to analyze the importance of the role of public participation in controlling the policies of prisons in Indonesia in order to minimize corrupt practices in prisons. The results of the authors' study found that there are obstacles in optimizing the role of public participation in efforts to prevent corruption in prisons, that correctional regulations do not strictly and in detail about community participation. Therefore, the solution offered in this paper is that the government or legislators immediately create regulations that accommodate public participation in controlling correctional policies in Indonesia through participatory correctional regulations. So that this can become a legal basis that provides legal certainty for the public to participate in preventing corruption in prisons","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"6 1","pages":"119-133"},"PeriodicalIF":0.0,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48809876","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}
Pub Date : 2021-03-30DOI: 10.32801/LAMLAJ.V6I1.234
Diana Rahmawati, Z. Zakiyah, M. Arsyad
The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).
{"title":"Legality of Construction Working Contracts as an Formil Agreement","authors":"Diana Rahmawati, Z. Zakiyah, M. Arsyad","doi":"10.32801/LAMLAJ.V6I1.234","DOIUrl":"https://doi.org/10.32801/LAMLAJ.V6I1.234","url":null,"abstract":"The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"6 1","pages":"85-102"},"PeriodicalIF":0.0,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42486729","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}
Pub Date : 2021-03-21DOI: 10.32801/LAMLAJ.V6I1.226
Nurul Listiyani, R. Zulfikar, Rakhmat Nopliardy
This study was conducted to find a form of control policies on environmental management for mining of coal that regulate the coordination between stakeholders, authorities and the object of supervision, as well as a commitment to an active role between the government, business actors and the community in monitoring environmental management. The approach method in this research is socio-juridical, with qualitative and quantitative analysis methods. The results showed that both from the regulatory and implementation aspects, the coordination of the implementation of supervision had not been regulated and implemented optimally, so that it did not support the realization of an integrated environmental management supervision based on the principle of integration. Based on this, it is necessary to establish a legal system for environmental management in the form of regional regulations which contain an integrated supervisory system with a shared commitment between the leading sector
{"title":"Revitalization of the Environmental Supervision Policy on Coordination and Commitment Based Coal Mining","authors":"Nurul Listiyani, R. Zulfikar, Rakhmat Nopliardy","doi":"10.32801/LAMLAJ.V6I1.226","DOIUrl":"https://doi.org/10.32801/LAMLAJ.V6I1.226","url":null,"abstract":"This study was conducted to find a form of control policies on environmental management for mining of coal that regulate the coordination between stakeholders, authorities and the object of supervision, as well as a commitment to an active role between the government, business actors and the community in monitoring environmental management. The approach method in this research is socio-juridical, with qualitative and quantitative analysis methods. The results showed that both from the regulatory and implementation aspects, the coordination of the implementation of supervision had not been regulated and implemented optimally, so that it did not support the realization of an integrated environmental management supervision based on the principle of integration. Based on this, it is necessary to establish a legal system for environmental management in the form of regional regulations which contain an integrated supervisory system with a shared commitment between the leading sector","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"6 1","pages":"71-84"},"PeriodicalIF":0.0,"publicationDate":"2021-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42263293","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}
Pub Date : 2021-03-17DOI: 10.32801/LAMLAJ.V6I1.224
Peter Jeremiah Setiawan, Xavier Nugraha, Widyanti Wibowo
One of the places that is often targeted by thieves is in a villa. In Article 363 paragraph (1) 3 of the Criminal Code, there is a regulation related to theft with a aggravating if the theft is carried out at night in a house or closed yard where the house is, but there is no provision that explicitly states that it is related to theft in a villa. Based on this background, the formulation of the objectives of this article is to understand: 1. What are the elements of the aggravated theft offense ? 2. Can a villa be conaidered with a "house" as an element of the aggravated theft offense ? This research is a normative legal research with statutory, conceptual, and case approaches. Based on the analysis in this article, it can be understood that 1. The elements in the offense are the same as ordinary theft, but there are additional elements that are alternative. 2. The theft in a villa at night can be qualified for theft with a aggravating factor as stipulated in Article 363 paragraph (1) of the Criminal Code, on the basis of socio-historical interpretation and extensive interpretation
{"title":"Equating Villa with Theft Offense\"House\" in Aggravated","authors":"Peter Jeremiah Setiawan, Xavier Nugraha, Widyanti Wibowo","doi":"10.32801/LAMLAJ.V6I1.224","DOIUrl":"https://doi.org/10.32801/LAMLAJ.V6I1.224","url":null,"abstract":"One of the places that is often targeted by thieves is in a villa. In Article 363 paragraph (1) 3 of the Criminal Code, there is a regulation related to theft with a aggravating if the theft is carried out at night in a house or closed yard where the house is, but there is no provision that explicitly states that it is related to theft in a villa. Based on this background, the formulation of the objectives of this article is to understand: 1. What are the elements of the aggravated theft offense ? 2. Can a villa be conaidered with a \"house\" as an element of the aggravated theft offense ? This research is a normative legal research with statutory, conceptual, and case approaches. Based on the analysis in this article, it can be understood that 1. The elements in the offense are the same as ordinary theft, but there are additional elements that are alternative. 2. The theft in a villa at night can be qualified for theft with a aggravating factor as stipulated in Article 363 paragraph (1) of the Criminal Code, on the basis of socio-historical interpretation and extensive interpretation","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"6 1","pages":"56-70"},"PeriodicalIF":0.0,"publicationDate":"2021-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49280153","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}
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