AbstractThe procedure of marriage which is carried out in a customary manner and has existed before the State of Indonesia was established, as carried out by the Lundayeh Dayak community and until now is still maintained as a local culture of ancestral heritage is a tradition that is still highly upheld. Unification in the field of marital law through the establishment of Law No. 1 of 1974 has legal consequences for marital arrangements in Indonesia. So that it raises problems with the implementation of the marriage which is only carried out by customary Dayak Lundayeh.The type of this research is normative juridical research, namely legal research to find the rule of law, legal principles and legal doctrine to answer the issue of juridical review of customary marriage and its legal consequences.The results of the study indicate that the customary marriage law is a legal rule that regulates the forms of marriage, how to apply, marriage ceremonies and the termination of marriage. Based on the provisions of the regulations stipulated in Law No. 1 of 1974, marriages which are only carried out by Lundayeh customary without religious marriage are not valid, so the marriage cannot be performed either at the Office of Religious Affairs (KUA) for those who are Muslim and the Civil Registry Office (KCS) for those who are not Muslim.The legal consequences of illegitimate marriages that are only carried out traditionally by the Lundayeh Dayak have an impact on the absence of recognition from the State for the marriage carried out, so that in the event of a dispute and dispute arising from the marriage, the State in this case the court cannot resolve the dispute resolution. settlement of marital disputes that are only carried out by custom, by the Lundayeh Dayak community carried out in local wisdom, namely through the customary court session Keywords: Marriage, Adat, Dayak Lundayeh
{"title":"KEDUDUKAN HUKUM PERKAWINAN ADAT DAYAK LUNDAYEH DALAM HUKUM PERKAWINAN NASIONAL","authors":"Pasri Bilung","doi":"10.35334/ay.v3i2.1552","DOIUrl":"https://doi.org/10.35334/ay.v3i2.1552","url":null,"abstract":"AbstractThe procedure of marriage which is carried out in a customary manner and has existed before the State of Indonesia was established, as carried out by the Lundayeh Dayak community and until now is still maintained as a local culture of ancestral heritage is a tradition that is still highly upheld. Unification in the field of marital law through the establishment of Law No. 1 of 1974 has legal consequences for marital arrangements in Indonesia. So that it raises problems with the implementation of the marriage which is only carried out by customary Dayak Lundayeh.The type of this research is normative juridical research, namely legal research to find the rule of law, legal principles and legal doctrine to answer the issue of juridical review of customary marriage and its legal consequences.The results of the study indicate that the customary marriage law is a legal rule that regulates the forms of marriage, how to apply, marriage ceremonies and the termination of marriage. Based on the provisions of the regulations stipulated in Law No. 1 of 1974, marriages which are only carried out by Lundayeh customary without religious marriage are not valid, so the marriage cannot be performed either at the Office of Religious Affairs (KUA) for those who are Muslim and the Civil Registry Office (KCS) for those who are not Muslim.The legal consequences of illegitimate marriages that are only carried out traditionally by the Lundayeh Dayak have an impact on the absence of recognition from the State for the marriage carried out, so that in the event of a dispute and dispute arising from the marriage, the State in this case the court cannot resolve the dispute resolution. settlement of marital disputes that are only carried out by custom, by the Lundayeh Dayak community carried out in local wisdom, namely through the customary court session Keywords: Marriage, Adat, Dayak Lundayeh","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132455834","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}
AbstractHealth services to vulnerable communities cause health disputes between health care providers such as hospitals, doctors / dentists and nurses with patients or their families. Health dispute resolution can be done through the court either through criminal justice or civil court. Beside that, the dispute of health dispute can also be done through mediation institution Mediation institution as an alternative dispute of health disputes if it meets the following criteria: Health disputes related to health services received or directly related to the patient, Health disputes included in the category of medical discipline violation Not included as a crime, and based on the will of the parties to choose a mediation institution as an attempt to resolve the dispute and be done with good faith. The result of the parties' agreement is set forth in a written certificate of having a binding force as an agreement for the parties .. and shall be registered in the District Court by filing a lawsuit to be stipulated in the peace certificate by the local District Court judge. Keywords; Mediation, Dispute, Health
{"title":"MEDIASI SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KESEHATAN","authors":"M. Mansyur","doi":"10.35334/ay.v2i2.1547","DOIUrl":"https://doi.org/10.35334/ay.v2i2.1547","url":null,"abstract":"AbstractHealth services to vulnerable communities cause health disputes between health care providers such as hospitals, doctors / dentists and nurses with patients or their families. Health dispute resolution can be done through the court either through criminal justice or civil court. Beside that, the dispute of health dispute can also be done through mediation institution Mediation institution as an alternative dispute of health disputes if it meets the following criteria: Health disputes related to health services received or directly related to the patient, Health disputes included in the category of medical discipline violation Not included as a crime, and based on the will of the parties to choose a mediation institution as an attempt to resolve the dispute and be done with good faith. The result of the parties' agreement is set forth in a written certificate of having a binding force as an agreement for the parties .. and shall be registered in the District Court by filing a lawsuit to be stipulated in the peace certificate by the local District Court judge. Keywords; Mediation, Dispute, Health","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"277 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131731363","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}
Abstract Litigation dispute resolution is the settlement of a dispute through a court which results in a win and lose decision. The decision gives the one party wins and the other party loses. Non-litigation dispute resolution is the settlement of a dispute outside the court where it produces a win-win solution.Based on the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / MPP / Kep / 12/2001 concerning Implementation of Duties and Authorities of the Consumer Dispute Settlement Agency Article 3 Letter a states that the dispute resolution process in BPSK can be pursued in three ways, namely by means of Conciliation, Mediation or Arbitration. Through these three ways of resolving it is expected to produce a decision that provides a win-win solution for the parties. However, it is inevitable that in reality not all decisions made by BPSK with this arbitration will give satisfaction to the parties.The purpose of writing this paper is to find out the authority of the District Court to cancel the BPSK Decision and also know how to file an objection to the BPSK Decision.The authority of the District Court to cancel the BPSK Arbitration verdict is based on Article 58 UUPK and Article 41 paragraph (3) Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 350 / MPP / Kep / 12/2001.
{"title":"PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN MELALUI PENGADILAN NEGERI","authors":"D. Manurung","doi":"10.35334/ay.v3i2.1550","DOIUrl":"https://doi.org/10.35334/ay.v3i2.1550","url":null,"abstract":"Abstract Litigation dispute resolution is the settlement of a dispute through a court which results in a win and lose decision. The decision gives the one party wins and the other party loses. Non-litigation dispute resolution is the settlement of a dispute outside the court where it produces a win-win solution.Based on the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / MPP / Kep / 12/2001 concerning Implementation of Duties and Authorities of the Consumer Dispute Settlement Agency Article 3 Letter a states that the dispute resolution process in BPSK can be pursued in three ways, namely by means of Conciliation, Mediation or Arbitration. Through these three ways of resolving it is expected to produce a decision that provides a win-win solution for the parties. However, it is inevitable that in reality not all decisions made by BPSK with this arbitration will give satisfaction to the parties.The purpose of writing this paper is to find out the authority of the District Court to cancel the BPSK Decision and also know how to file an objection to the BPSK Decision.The authority of the District Court to cancel the BPSK Arbitration verdict is based on Article 58 UUPK and Article 41 paragraph (3) Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 350 / MPP / Kep / 12/2001.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127662815","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}
Abstract Technically there are five principles of an electronic transaction is declared safe, which contains the principle of authenticity, integrity, non repudation, writing and signature and confidenciality. In order to realize these five principles is legally set forth in the form of electronic certification. Electronic certifications are electronic certificates containing Electronic Signatures and identities that indicate the legal status of the parties in the Electronic Transactions issued by the Electronic Certification Operator. One of the institutions providing electronic certification is an electronic certification reliability institution. This institution is independent and filled by professionals, one of which is notary profession. From this comes the concept called cybernotary. This paper is intended to describe cybernotary degan based on the method of normative research conceptually derived data bibliography Keyword: CyberNotary, Sertificate, Law
{"title":"CyberNotary Dalam Penyelenggaraan Sertifikasi Elektronik","authors":"Budi Agus Riswandi","doi":"10.35334/ay.v2i2.1543","DOIUrl":"https://doi.org/10.35334/ay.v2i2.1543","url":null,"abstract":"Abstract Technically there are five principles of an electronic transaction is declared safe, which contains the principle of authenticity, integrity, non repudation, writing and signature and confidenciality. In order to realize these five principles is legally set forth in the form of electronic certification. Electronic certifications are electronic certificates containing Electronic Signatures and identities that indicate the legal status of the parties in the Electronic Transactions issued by the Electronic Certification Operator. One of the institutions providing electronic certification is an electronic certification reliability institution. This institution is independent and filled by professionals, one of which is notary profession. From this comes the concept called cybernotary. This paper is intended to describe cybernotary degan based on the method of normative research conceptually derived data bibliography Keyword: CyberNotary, Sertificate, Law","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125131477","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}
Abstract This study aims to identify and explain the purpose of sticking client fingerprint To identify and explain the legal status of fingerprints on Electronic citizen Card (E-KTP) with sticking client fingerprint on the public administration.The research was conducted as an Empirical legal research with socio-legal research approach. The data were collected using structured interview techniques. Data were analyzed qualitatively.The results of the study explained that the purpose of sticking clien fingerprint has not completely realized the legal assurance the correct fingerprint, consequently administration can not use the fingerprint data effectively. Fingerprints used by notaries and fingerprints appear on electronic citizen card have a legal status as authentic evidence of the a citizen’s identity. Implementation sticking fingerprints do Civil Registry Office has a mechanism and standard operating procedure from the stage of registration, data entry and verification of data so that the results can be used as the information and valid. But sticking obligation fingerprint notaries do is rely on the interpretation of each requires a considerable time in the match the data client Purpose, Fingerprints, Public Administration
{"title":"Keabsahan Identitas dalam Administrasi Kependudukan","authors":"Afdhal Afdhal","doi":"10.35334/ay.v3i2.1549","DOIUrl":"https://doi.org/10.35334/ay.v3i2.1549","url":null,"abstract":"Abstract This study aims to identify and explain the purpose of sticking client fingerprint To identify and explain the legal status of fingerprints on Electronic citizen Card (E-KTP) with sticking client fingerprint on the public administration.The research was conducted as an Empirical legal research with socio-legal research approach. The data were collected using structured interview techniques. Data were analyzed qualitatively.The results of the study explained that the purpose of sticking clien fingerprint has not completely realized the legal assurance the correct fingerprint, consequently administration can not use the fingerprint data effectively. Fingerprints used by notaries and fingerprints appear on electronic citizen card have a legal status as authentic evidence of the a citizen’s identity. Implementation sticking fingerprints do Civil Registry Office has a mechanism and standard operating procedure from the stage of registration, data entry and verification of data so that the results can be used as the information and valid. But sticking obligation fingerprint notaries do is rely on the interpretation of each requires a considerable time in the match the data client Purpose, Fingerprints, Public Administration","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132524914","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}
Abstract Children are the hope of the nation. But reality shows that children are still involved in various forms of crime. Meanwhile, the police as law enforcers are expected to handle criminal cases involving children as a perpetrator with a different approach, namely the approach of restroative justice. This is what becomes the rationale for research with two objectives: (1). The role of police investigators on children in conflict with the law with a restroative approachjustice; (2). Forced efforts that can be carried out by police investigators on children in conflict with the law. This research is a normative study with two approaches, namelylegislation approach and conceptual approach. Based on this approach, the overall results of the study were analyzed argumentatively qualitatively. The results of the study indicate that police investigators have a very important roleimportant in handling crime cases involving children by exposing the child to putting forward the approach of restroative justice. The results of subsequent research, that forced efforts by police investigators againstchildren who are in conflict with the law in the approach of restroative justice, which should prioritize human values by integrating the role of the community, given the development of the child's soul. The recommendation of researchers is that police investigators handling child crimes should be provided with special skills that prioritize the approachrestroative justice. Keywords: Children, Police Investigators, and Restorative Justice
{"title":"PERAN PENYIDIK KEPOLISIAN TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM DALAM PERSPEKTIF RESTORATIVE JUSTICE","authors":"Imam Muhdi","doi":"10.35334/AY.V3I2.1553","DOIUrl":"https://doi.org/10.35334/AY.V3I2.1553","url":null,"abstract":"Abstract Children are the hope of the nation. But reality shows that children are still involved in various forms of crime. Meanwhile, the police as law enforcers are expected to handle criminal cases involving children as a perpetrator with a different approach, namely the approach of restroative justice. This is what becomes the rationale for research with two objectives: (1). The role of police investigators on children in conflict with the law with a restroative approachjustice; (2). Forced efforts that can be carried out by police investigators on children in conflict with the law. This research is a normative study with two approaches, namelylegislation approach and conceptual approach. Based on this approach, the overall results of the study were analyzed argumentatively qualitatively. The results of the study indicate that police investigators have a very important roleimportant in handling crime cases involving children by exposing the child to putting forward the approach of restroative justice. The results of subsequent research, that forced efforts by police investigators againstchildren who are in conflict with the law in the approach of restroative justice, which should prioritize human values by integrating the role of the community, given the development of the child's soul. The recommendation of researchers is that police investigators handling child crimes should be provided with special skills that prioritize the approachrestroative justice. Keywords: Children, Police Investigators, and Restorative Justice","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121658785","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}
Abstract Sunaryo. 2019. Legal Assistance to Suspects who are subject to a sentence of five years or more in The Investigation Process. Under supervised by Dr. Syafruddin, S.H., M.Hum, Dr. Ilham Agang, S.H., M.H This research background was based on the law enforcement of criminal law in Indonesia where the appreciation of human rights is often ignored by investigators to the suspect by doing acts of violence both psychological and physical violence through persecution. This occurred because suspects do not have legal assistance in process investigation. Based on Criminal Code Procedures (KUHAP) guarantees the right of suspects who threatened with a sentence of five years or more must be accompanied by his/her lawyer at every level of examination as stipulated in Article 114 KUHAP in section Article 56, verse (1). The research design of this research was normative law. The statute approach and conceptual approach were used in analyzing research data. Research data were primary; written law product, and secondary; law literature and specific literature and other relevant research sources. The results showed that the fulfillment of legal assistance to the suspects, who were threatened with a sentence of five years or more, in the investigation process was necessary needed to protect their rights and avoid acts of arrogance, arbitrariness, physical acts and psychological violence. However, if the investigators do not fulfill this matter, the lawsuits or demands of the public prosecutor cannot be accepted, so the case file is returned and asked for reinvestigation is carried out in accordance with the Criminal Procedure Code. The investigators should be punished because of their negligence. This research recommends that investigators should carry out the process investigations adhere to the Criminal Procedure Code by providing legal assistance to the suspect and if investigators commit negligence in carrying out investigations can be prosecuted with the ethics code of the National Police based on the law criminal procedure. Keywords: Legal assistance, Sanctions, and suspect's rights
Sunaryo, 2019。对在调查过程中被判处五年以上徒刑的嫌疑人提供法律援助。在Syafruddin博士，s.h.， M.H, Ilham Agang博士，s.h.， M.H的监督下，这项研究的背景是基于印度尼西亚刑法的执法，在那里，调查人员经常忽视对人权的尊重，通过迫害对嫌疑人进行暴力行为，包括心理和身体暴力。这是因为嫌疑人在调查过程中得不到法律援助。根据《刑法程序》第114条第56条第1款规定，对受到5年以上刑罚威胁的犯罪嫌疑人在各级审查时必须由律师陪同的权利。本研究的研究设计为规范性法。研究数据分析采用了法规法和概念法。研究数据为原始数据;成文法产品，其次;法学文献和具体文献等相关研究资料。结果表明，在调查过程中，有必要向受到5年或5年以上徒刑威胁的嫌疑人提供法律援助，以保护他们的权利，避免傲慢、武断、身体行为和心理暴力行为。但是，如果调查人员不履行这一义务，检察机关的诉讼或要求就不能被接受，因此，根据《刑事诉讼法》退回案卷，并要求重新调查。调查人员的疏忽应该受到惩罚。本研究建议调查人员在进行过程调查时应遵守《刑事诉讼法》，向嫌疑人提供法律援助，如果调查人员在进行调查时存在疏忽，可以根据法律刑事诉讼程序根据国家警察道德守则进行起诉。关键词:法律援助、制裁、嫌疑人权利
{"title":"BANTUAN HUKUM TERHADAP TERSANGKA YANG DIANCAM PIDANA LIMA TAHUN ATAU LEBIH DALAM PROSES PENYIDIKAN","authors":"S. Sunaryo","doi":"10.35334/AY.V5I1.1252","DOIUrl":"https://doi.org/10.35334/AY.V5I1.1252","url":null,"abstract":"Abstract Sunaryo. 2019. Legal Assistance to Suspects who are subject to a sentence of five years or more in The Investigation Process. Under supervised by Dr. Syafruddin, S.H., M.Hum, Dr. Ilham Agang, S.H., M.H This research background was based on the law enforcement of criminal law in Indonesia where the appreciation of human rights is often ignored by investigators to the suspect by doing acts of violence both psychological and physical violence through persecution. This occurred because suspects do not have legal assistance in process investigation. Based on Criminal Code Procedures (KUHAP) guarantees the right of suspects who threatened with a sentence of five years or more must be accompanied by his/her lawyer at every level of examination as stipulated in Article 114 KUHAP in section Article 56, verse (1). The research design of this research was normative law. The statute approach and conceptual approach were used in analyzing research data. Research data were primary; written law product, and secondary; law literature and specific literature and other relevant research sources. The results showed that the fulfillment of legal assistance to the suspects, who were threatened with a sentence of five years or more, in the investigation process was necessary needed to protect their rights and avoid acts of arrogance, arbitrariness, physical acts and psychological violence. However, if the investigators do not fulfill this matter, the lawsuits or demands of the public prosecutor cannot be accepted, so the case file is returned and asked for reinvestigation is carried out in accordance with the Criminal Procedure Code. The investigators should be punished because of their negligence. This research recommends that investigators should carry out the process investigations adhere to the Criminal Procedure Code by providing legal assistance to the suspect and if investigators commit negligence in carrying out investigations can be prosecuted with the ethics code of the National Police based on the law criminal procedure. Keywords: Legal assistance, Sanctions, and suspect's rights","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115291583","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 research aims at investigating the prevention efforts of corruption crime of management village fund reviewed from Indonesian law and to investigate the village fund management model reviewed from the perspective of corruption prevention aspect. This research used normativeempirical, the data used primary and secondary data from questionnaires and interview. This research is analyzed in qualitative with inductive method, and descriptive which is explaining, and describe appropriate with problems related with this research. In prevent corruption happens in management village fund, the effort which is offered by the researcher is: identified corruption modus, the increase ofintegrity capacityvillage officials, increase the capacity of village facilitators, refused intervention from local government in order to prevent the fraud in managing village funds and model village funds management of all village refers to Minister of Home Affairs regulation number 20 year of 2018 changes to the Minister of Home Affairs regulation number 113 year of 2014 which clearly there are all governance of village fund management models that are right on target, but in managing the village fund is still has officials not maximum or patient in manage village fund.Suggestion which is offered from the researcher in prevent corruption are identifycorruption modus, the increase ofintegrity capacity village officials, increase the capacity of village facilitators, refused intervention from local government, and T test result showed that the efforts of corruption prevention is effective and influence in management of village fund.
{"title":"Pengelolaan Dana Desa Di Tinjau Dari Perspektif Pencegahan Korupsi","authors":"R. Moonti","doi":"10.35334/AY.V5I1.1215","DOIUrl":"https://doi.org/10.35334/AY.V5I1.1215","url":null,"abstract":"The research aims at investigating the prevention efforts of corruption crime of management village fund reviewed from Indonesian law and to investigate the village fund management model reviewed from the perspective of corruption prevention aspect. This research used normativeempirical, the data used primary and secondary data from questionnaires and interview. This research is analyzed in qualitative with inductive method, and descriptive which is explaining, and describe appropriate with problems related with this research. In prevent corruption happens in management village fund, the effort which is offered by the researcher is: identified corruption modus, the increase ofintegrity capacityvillage officials, increase the capacity of village facilitators, refused intervention from local government in order to prevent the fraud in managing village funds and model village funds management of all village refers to Minister of Home Affairs regulation number 20 year of 2018 changes to the Minister of Home Affairs regulation number 113 year of 2014 which clearly there are all governance of village fund management models that are right on target, but in managing the village fund is still has officials not maximum or patient in manage village fund.Suggestion which is offered from the researcher in prevent corruption are identifycorruption modus, the increase ofintegrity capacity village officials, increase the capacity of village facilitators, refused intervention from local government, and T test result showed that the efforts of corruption prevention is effective and influence in management of village fund.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114382433","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}
iAbstract The North Kalimantan Border Area is largely inhabited by indigenous peoples. Development of Border Areas is a necessity, because the development of border areas is part of national development. Indigenous peoples in the border region have the character and local wisdom that determines with other communities, so that the development model in other regions does not necessarily show partiality to the indigenous peoples in the border region. There are two questions in this study; first, regarding the characteristics of the border problems of North Kalimantan Province and their implications for indigenous peoples,? and secondly; Does the development model in the border area favor indigenous peoples? This type of research is normative juridical research, with qualitative analysis. The research objective to be achieved is to produce an appropriate development model applied in areas that connect to the copyright of indigenous peoples in the border region, and produce specific findings for. Reducing legal and policy barriers in finding development models in the border region in North Kalimantan that favor the indigenous peoples.Keywords; Models, development, indigenous peoples, borders
{"title":"Model Pembangunan Kawasan Perbatasan Kalimantan Utara Yang Berpihak Pada Masyarakat Hukum Adat","authors":"Basri Basri","doi":"10.35334/AY.V5I1.1304","DOIUrl":"https://doi.org/10.35334/AY.V5I1.1304","url":null,"abstract":"iAbstract The North Kalimantan Border Area is largely inhabited by indigenous peoples. Development of Border Areas is a necessity, because the development of border areas is part of national development. Indigenous peoples in the border region have the character and local wisdom that determines with other communities, so that the development model in other regions does not necessarily show partiality to the indigenous peoples in the border region. There are two questions in this study; first, regarding the characteristics of the border problems of North Kalimantan Province and their implications for indigenous peoples,? and secondly; Does the development model in the border area favor indigenous peoples? This type of research is normative juridical research, with qualitative analysis. The research objective to be achieved is to produce an appropriate development model applied in areas that connect to the copyright of indigenous peoples in the border region, and produce specific findings for. Reducing legal and policy barriers in finding development models in the border region in North Kalimantan that favor the indigenous peoples.Keywords; Models, development, indigenous peoples, borders","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124518914","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}
Most fishermen and fish breeders live in poverty, are poorly educated and live in an atmosphere of business uncertainty. As part of citizens, they are constitutionally entitled to the protection and empowerment of the state. Therefore, the Republic of Indonesia Law No. 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers was born. Two problem statements are raised, namely first; Legis ratio of protection and empowerment of fishermen, and secondly; a form of protection and empowerment of fishers and fish breedersThe research method used is a normative juridical research method because it uses primary and secondary legal materials with a qualitative analysis approach.Based on the results of the study can be concluded first; Legis ratio of protection and empowerment of fishermen and fish cultivators because fishermen and fish breeders are generally categorized as poor, low-educated, and powerless. As part of citizens who are entitled to fair legal recognition, guarantee, protection and certainty, and equal treatment before the law. Philosophically protect fishermen and fish breeders in conducting their business so that they are free or avoiding various problems and subsequently increase capacity in various aspects that benefit them.Both forms of protection for fishermen and fish farmers in the form of providing infrastructure and means of production of business activities, in the form of fishing gear, ships and/or ports, land and water ponds, and irrigation channels, provide guarantees of business certainty, guarantees of risk of catching and cultivating fish and elimination of high-cost economic practices. While the empowerment of fishermen and fish farmers is done by increasing the capacity of fishermen and fish farmers through education and training, fostering a spirit of self-sufficiency through counseling and mentoring, providing opportunities and opportunities for marketing, capital, increasing human resources, providing financing and capital facilities. Keywords; Protection, Empowerment, Fishermen and Fish breeders
{"title":"ANALISIS HUKUM TERHADAP UPAYA PERLINDUNGAN DAN PEMBERDAYAAN NELAYAN KECIL DAN PEMBUDI DAYA IKAN","authors":"Mohammad Ismail Hairun","doi":"10.35334/AY.V5I1.1240","DOIUrl":"https://doi.org/10.35334/AY.V5I1.1240","url":null,"abstract":"Most fishermen and fish breeders live in poverty, are poorly educated and live in an atmosphere of business uncertainty. As part of citizens, they are constitutionally entitled to the protection and empowerment of the state. Therefore, the Republic of Indonesia Law No. 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers was born. Two problem statements are raised, namely first; Legis ratio of protection and empowerment of fishermen, and secondly; a form of protection and empowerment of fishers and fish breedersThe research method used is a normative juridical research method because it uses primary and secondary legal materials with a qualitative analysis approach.Based on the results of the study can be concluded first; Legis ratio of protection and empowerment of fishermen and fish cultivators because fishermen and fish breeders are generally categorized as poor, low-educated, and powerless. As part of citizens who are entitled to fair legal recognition, guarantee, protection and certainty, and equal treatment before the law. Philosophically protect fishermen and fish breeders in conducting their business so that they are free or avoiding various problems and subsequently increase capacity in various aspects that benefit them.Both forms of protection for fishermen and fish farmers in the form of providing infrastructure and means of production of business activities, in the form of fishing gear, ships and/or ports, land and water ponds, and irrigation channels, provide guarantees of business certainty, guarantees of risk of catching and cultivating fish and elimination of high-cost economic practices. While the empowerment of fishermen and fish farmers is done by increasing the capacity of fishermen and fish farmers through education and training, fostering a spirit of self-sufficiency through counseling and mentoring, providing opportunities and opportunities for marketing, capital, increasing human resources, providing financing and capital facilities. Keywords; Protection, Empowerment, Fishermen and Fish breeders","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130518171","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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