Abstract The presence of land controlled and / or owned by either existing rights above the ground and based on the new land acquisition in some places there are still many in limbo. Seeing the reality of the field on the wastelands, he made government regulation and government last issued Government Regulation No. 11 Year 2010 on Land Reform and Control of Neglected. Based on this background, the problem is formulated, what basic criteria for establishing a right to the top of the ground as the object of regulating the wastelands, who preferred to get right to the land above the ground of the former wastelands, this research was normative approach legislation conceptual and legal materials. The results showed that the controlling authority is the authority wastelands legacy which the Government (President) delegate to the National Land Agency of the Republic of Indonesia. The mechanism through penertibannya stages: (1) an inventory of land rights or land tenure policies that indicated displaced (2) identification and study of land indicated displaced (3) warning against the rights holder (4) Determination of wastelands. Other Issues Regarding legal protection against former titleholders.Keywords: effectiveness, enforcement, wastelands
{"title":"PENERTIBAN DAN PENDAYAGUNAAN TANAH TERLANTAR DALAM RANGKA PENATAGUNAAN TANAH DI KOTA TARAKAN","authors":"Cariono Cariono","doi":"10.35334/ay.v1i2.971","DOIUrl":"https://doi.org/10.35334/ay.v1i2.971","url":null,"abstract":"Abstract The presence of land controlled and / or owned by either existing rights above the ground and based on the new land acquisition in some places there are still many in limbo. Seeing the reality of the field on the wastelands, he made government regulation and government last issued Government Regulation No. 11 Year 2010 on Land Reform and Control of Neglected. Based on this background, the problem is formulated, what basic criteria for establishing a right to the top of the ground as the object of regulating the wastelands, who preferred to get right to the land above the ground of the former wastelands, this research was normative approach legislation conceptual and legal materials. The results showed that the controlling authority is the authority wastelands legacy which the Government (President) delegate to the National Land Agency of the Republic of Indonesia. The mechanism through penertibannya stages: (1) an inventory of land rights or land tenure policies that indicated displaced (2) identification and study of land indicated displaced (3) warning against the rights holder (4) Determination of wastelands. Other Issues Regarding legal protection against former titleholders.Keywords: effectiveness, enforcement, wastelands","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133734573","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 thesis research aims to analyze one of the types of criminal acts of corruption contained in Law Number 31 Year 1999 on the Eradication of Corruption which is amended by Law Number 20 Year 2001, which is about Gratification, in particular the provision of sexual service gifts in some cases of corruption.The issues raised in this study are whether the provision of sexual services received by public servants or state officials can be categorized as gratification and become a criminal act corruption. This study also aims to analyze the provision and regulation of legal sanctions for perpetrators of the gratificationof sexual services in Indonesia This study uses the type of normative legal research (normative legal research) because it is still less clear about the regulation of gratification of sexual services as one of the criminal acts of corruption. The approach used in this study is the approach of legislation and conceptual aproach. Legal sanctions for Civil Servants and State Officials who commit corruption in accepting the gratification of sexual services may be charged under Article 5 paragraph (2), Article 12 letters a and b or Article 12B of Law Number 31 Year 1999 juncto Law Number 20 of 2001 when it meets its elemental elements. As for the gratification giver can be charged with Article 5 paragraph (1) of Law Number 31 Year 1999 juncto Law Number 20 Year 2001 and the sanction that can be applied to the object of sexual gratification law (women giving sex service) can be charged with article 15 Law Number 31 Year 1999 juncto Law Number 20 Year 2001. The recipients of gratification of sexual services and women who become the object of sexual services and the recipients of sexual services may also be charged under article 284 of the Criminal Code of moral decency if both fulfill the elements in the article. Keywords : Gratification of Sexual Services, Corruption, Proof, Legal sanctions
{"title":"GRATIFIKASI PELAYANAN SEKSUAL SEBAGAI TINDAK PIDANA KORUPSI","authors":"Mardiana Arsjad","doi":"10.35334/ay.v3i1.988","DOIUrl":"https://doi.org/10.35334/ay.v3i1.988","url":null,"abstract":"ABSTRACT This thesis research aims to analyze one of the types of criminal acts of corruption contained in Law Number 31 Year 1999 on the Eradication of Corruption which is amended by Law Number 20 Year 2001, which is about Gratification, in particular the provision of sexual service gifts in some cases of corruption.The issues raised in this study are whether the provision of sexual services received by public servants or state officials can be categorized as gratification and become a criminal act corruption. This study also aims to analyze the provision and regulation of legal sanctions for perpetrators of the gratificationof sexual services in Indonesia This study uses the type of normative legal research (normative legal research) because it is still less clear about the regulation of gratification of sexual services as one of the criminal acts of corruption. The approach used in this study is the approach of legislation and conceptual aproach. Legal sanctions for Civil Servants and State Officials who commit corruption in accepting the gratification of sexual services may be charged under Article 5 paragraph (2), Article 12 letters a and b or Article 12B of Law Number 31 Year 1999 juncto Law Number 20 of 2001 when it meets its elemental elements. As for the gratification giver can be charged with Article 5 paragraph (1) of Law Number 31 Year 1999 juncto Law Number 20 Year 2001 and the sanction that can be applied to the object of sexual gratification law (women giving sex service) can be charged with article 15 Law Number 31 Year 1999 juncto Law Number 20 Year 2001. The recipients of gratification of sexual services and women who become the object of sexual services and the recipients of sexual services may also be charged under article 284 of the Criminal Code of moral decency if both fulfill the elements in the article. Keywords : Gratification of Sexual Services, Corruption, Proof, Legal sanctions","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132116392","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 In this research examines two issues, namely the Surabaya District Court Decision No. 3094 / Pid.B / 2013 In accordance with Evidence presented at trial and Parameter Verification assessed Judges in Crime Article 114 paragraph (2) in conjunction with Article 132 ( 1) Act No. 35 of 2009 on Narcotics, based on a normative juridical research, using the approach of Legislation, Case approach, analytical approach, the purpose of this study was to analyze the state court decision Surabaya number: 3094/Pid.B/2013 appropriate evidence presented at the hearing, stated that in this ruling the judge has not given a sense of justice for law enforcement against criminal acts Narcotics correspond to the penalty set out in the Act, and to describe the parameters of proof is rated Judge in a criminal act of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 Year 2009 on Narcotics, as the basis of the assessment of evidence by the judge.Keywords: Court Decision Analysis, Evidence, Narcotics
{"title":"ANALISIS PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR: 3094/PID.B/2013 TENTANG ALAT BUKTI OLEH HAKIM DALAM PASAL 114 AYAT (2) JUNCTO PASAL 132 AYAT (1) UU RI NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA","authors":"Tobias Gula Aran","doi":"10.35334/AY.V2I1.978","DOIUrl":"https://doi.org/10.35334/AY.V2I1.978","url":null,"abstract":"Abstract In this research examines two issues, namely the Surabaya District Court Decision No. 3094 / Pid.B / 2013 In accordance with Evidence presented at trial and Parameter Verification assessed Judges in Crime Article 114 paragraph (2) in conjunction with Article 132 ( 1) Act No. 35 of 2009 on Narcotics, based on a normative juridical research, using the approach of Legislation, Case approach, analytical approach, the purpose of this study was to analyze the state court decision Surabaya number: 3094/Pid.B/2013 appropriate evidence presented at the hearing, stated that in this ruling the judge has not given a sense of justice for law enforcement against criminal acts Narcotics correspond to the penalty set out in the Act, and to describe the parameters of proof is rated Judge in a criminal act of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 Year 2009 on Narcotics, as the basis of the assessment of evidence by the judge.Keywords: Court Decision Analysis, Evidence, Narcotics","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130007645","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}
AbstractMany things in human life has been affected by a legal entity (corporation), if the positive effect is certainly no need to worry, but just a lot of influence has been harmful to individuals and society at large. Criminal Code as the legal basis in criminal legislation only mentions that a criminal act can only be done by an individual (naturlijk person) is not a business entity (corporation). This has led to the growth of various laws outside the Criminal Code that recognizes the position of a business entity (corporation) as subjects of criminal law, especially in the provision of environmental law. Recognition notch business entities (corporations) as the subject of criminal law in environmental law provisions certainly result in the criminal responsibility.Keyword: Legal Entity, environmental Law, Criminal
{"title":"PENERAPAN PERTANGGUNGJAWABAN PIDANA BADAN USAHA (KORPORASI) DALAM KETENTUAN YANG BERKAITAN DENGAN HUKUM LINGKUNGAN","authors":"Herlina Manullang","doi":"10.35334/AY.V2I1.980","DOIUrl":"https://doi.org/10.35334/AY.V2I1.980","url":null,"abstract":"AbstractMany things in human life has been affected by a legal entity (corporation), if the positive effect is certainly no need to worry, but just a lot of influence has been harmful to individuals and society at large. Criminal Code as the legal basis in criminal legislation only mentions that a criminal act can only be done by an individual (naturlijk person) is not a business entity (corporation). This has led to the growth of various laws outside the Criminal Code that recognizes the position of a business entity (corporation) as subjects of criminal law, especially in the provision of environmental law. Recognition notch business entities (corporations) as the subject of criminal law in environmental law provisions certainly result in the criminal responsibility.Keyword: Legal Entity, environmental Law, Criminal","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124950302","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 Religious diversity is often a challenge in harmony, there is still statically addressed (exclusive), has not led to a motion proactive in building unity among religious. Harmony among religious believers in the perspective of criminal law refers to one of the articles in the Code of Penal about setting Crimes Against Public Order, namely Article 156a, which is the rider with the Presidential Decree of the Republic of Indonesia Number 1 / the 1965 on the Prevention of Abuse and / or blasphemy. Treatment of the perpetrators either individual or organization or belief is preceded procedural measures and stages of criminal sanctions for perpetrators of violations of Article 1 of the Republic of Indonesia Presidential Decree No. 1 / the 1965 as the final sanction which wants peace.Keywords: harmony, religious communities, the criminal law.
{"title":"KERUKUNAN ANTARUMAT BERAGAMA DALAM PERSPEKTIF HUKUM PIDANA","authors":"July Esther","doi":"10.35334/ay.v1i2.174","DOIUrl":"https://doi.org/10.35334/ay.v1i2.174","url":null,"abstract":"Abstract Religious diversity is often a challenge in harmony, there is still statically addressed (exclusive), has not led to a motion proactive in building unity among religious. Harmony among religious believers in the perspective of criminal law refers to one of the articles in the Code of Penal about setting Crimes Against Public Order, namely Article 156a, which is the rider with the Presidential Decree of the Republic of Indonesia Number 1 / the 1965 on the Prevention of Abuse and / or blasphemy. Treatment of the perpetrators either individual or organization or belief is preceded procedural measures and stages of criminal sanctions for perpetrators of violations of Article 1 of the Republic of Indonesia Presidential Decree No. 1 / the 1965 as the final sanction which wants peace.Keywords: harmony, religious communities, the criminal law.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133718751","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 National economic development has shown the transformation of the economic structure from agriculture to industry, as well as with the development of the law. Economic indicators showed decline in the share of the agricultural sector as well as an increasing share of the industrial sector in the Gross Domestic Product (GDP) can be bukti.Pertanian in Indonesia is at crossroads jalan.Sebagai supporting the livelihood of millions of Indonesian society, the agricultural sector requires a strong economic growth and rapid .Sektor also need to be one of the main components in the program and the government's strategy to alleviate structural kemiskinan.Transformasi between sectors, it appears that with increasing per capita income, the agricultural sector has decreased the share of the GDP, while the industrial sector on the contrary experienced peningkatan.Kebanyakan developing countries today this has been agreed that the development of industry and agriculture as much as possible to walk semultan. Agriculture provides a market for manufactured goods, feed the urban population, be a source of labor and capital to the industrial sector, as well as generate foreign exchange for the import of machinery and raw materials required by the intermediate industri.Prioritas sector policies to increase food production can be done through the use teknologi.Tipe and direction of technological change is influenced by market forces and pemerintah.Selain research funded research in the country, the source of technological progress is a transfer from outside negeri.Program-local research programs in countries developing in some ways is not replaceable by technology the foreign research results.Keywords: Structural Transformation, GDP, Agricultural Sector, Industrial Secto
{"title":"KAJIAN PERUBAHAN HUKUM DAN PEREKONOMIAN PADA ERA PERDAGANGAN BEBAS DI SEKTOR PERTANIAN","authors":"Ariani Ariani","doi":"10.35334/ay.v1i2.178","DOIUrl":"https://doi.org/10.35334/ay.v1i2.178","url":null,"abstract":"Abstract National economic development has shown the transformation of the economic structure from agriculture to industry, as well as with the development of the law. Economic indicators showed decline in the share of the agricultural sector as well as an increasing share of the industrial sector in the Gross Domestic Product (GDP) can be bukti.Pertanian in Indonesia is at crossroads jalan.Sebagai supporting the livelihood of millions of Indonesian society, the agricultural sector requires a strong economic growth and rapid .Sektor also need to be one of the main components in the program and the government's strategy to alleviate structural kemiskinan.Transformasi between sectors, it appears that with increasing per capita income, the agricultural sector has decreased the share of the GDP, while the industrial sector on the contrary experienced peningkatan.Kebanyakan developing countries today this has been agreed that the development of industry and agriculture as much as possible to walk semultan. Agriculture provides a market for manufactured goods, feed the urban population, be a source of labor and capital to the industrial sector, as well as generate foreign exchange for the import of machinery and raw materials required by the intermediate industri.Prioritas sector policies to increase food production can be done through the use teknologi.Tipe and direction of technological change is influenced by market forces and pemerintah.Selain research funded research in the country, the source of technological progress is a transfer from outside negeri.Program-local research programs in countries developing in some ways is not replaceable by technology the foreign research results.Keywords: Structural Transformation, GDP, Agricultural Sector, Industrial Secto","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116084766","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 The title of the research is to " LAW REVIEW THE LAND ENVIRONMENT WORKING OF PORT AREAS (DLKr) PT. PELINDO IV OF TARAKAN. The purpose of this research is to analyze the authority of PT PELINDO IV Tarakan as holders of land rights in the form of Rights Management (HPL) the land environment working of port areas. In addition, the study also to analyze the land of rights can be given to the people on ) the land environment working of port areas or coastal region. This Research to use normative legal method to study with the type of normative juridical. As for the approach used in this study is the statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal material. Legal materials collection techniques used this study to collect and analyze the Regulation in relating to the legal issues raised, as well as collecting the conceptual framework and legal theory to be the basis of analyzing the legal issues studied. PT. PELINDO IV of Tarakan has the authority to the land environment working of port areas with Right to used (HPL) contained in the Joint Decree of the Minister of Home Affair and Minister of Transportation Number 31 of 1992 K.M Number 9 of 1992 concerning frontier Work Environment Ports. In the fourth dictum of the Joint Decree of the Minister of Home Affair and Minister of Transportation, PT. PELINDO IV of Tarakan required to complete the land registration process in the Land Office in accordance with applicable regulations. Until now PT. Pelindo IV Tarakan not enroll all of the land which they are entitled and limitations affect the authority of PT. Pelindo IV Tarakan on the overall the land environment working of port areas. Keynote : Land Law, HPL, Law Review
摘要本研究的题目为“TARAKAN港区土地环境工作的法律回顾(DLKr) PT. PELINDO IV”。本研究的目的是分析PT PELINDO IV Tarakan作为土地权利持有人以权利管理(HPL)的形式在港区土地环境工作中的权威。此外，本研究还分析了在港区或沿海地区的土地环境工作中可以给予土地权利的人。本研究以规范法学的方法来研究与规范司法的类型。本研究采用的研究方法是法规法和概念法。所使用的法律材料的来源有一级、二级和三级法律材料。本研究采用法律资料收集技术对《条例》中提出的相关法律问题进行收集和分析，并以收集的概念框架和法律理论作为分析所研究法律问题的基础。Tarakan的PT. PELINDO IV拥有港口地区土地环境工作的权力，其使用权(HPL)载于1992年内政部部长和交通部长第31号联合法令中。1992年关于边境工作环境港口的第9号法令。在内政部长和交通部长联合法令的第四项法令中，塔拉干州的PT. PELINDO IV要求按照适用的法规在土地办公室完成土地注册程序。到目前为止，佩林多四世塔拉干并没有登记所有他们应得的土地，限制影响了佩林多四世塔拉干对港区土地环境工作的整体权威。主题:土地法，HPL，法律评论
{"title":"KEWENANGAN PT. PELINDO IV TARAKAN TERHADAP HAK ATAS TANAH DAERAH LINGKUNGAN KERJA PELABUHAN","authors":"Endy Kurniawan","doi":"10.35334/AY.V1I2.180","DOIUrl":"https://doi.org/10.35334/AY.V1I2.180","url":null,"abstract":"Abstract The title of the research is to \" LAW REVIEW THE LAND ENVIRONMENT WORKING OF PORT AREAS (DLKr) PT. PELINDO IV OF TARAKAN. The purpose of this research is to analyze the authority of PT PELINDO IV Tarakan as holders of land rights in the form of Rights Management (HPL) the land environment working of port areas. In addition, the study also to analyze the land of rights can be given to the people on ) the land environment working of port areas or coastal region. This Research to use normative legal method to study with the type of normative juridical. As for the approach used in this study is the statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal material. Legal materials collection techniques used this study to collect and analyze the Regulation in relating to the legal issues raised, as well as collecting the conceptual framework and legal theory to be the basis of analyzing the legal issues studied. PT. PELINDO IV of Tarakan has the authority to the land environment working of port areas with Right to used (HPL) contained in the Joint Decree of the Minister of Home Affair and Minister of Transportation Number 31 of 1992 K.M Number 9 of 1992 concerning frontier Work Environment Ports. In the fourth dictum of the Joint Decree of the Minister of Home Affair and Minister of Transportation, PT. PELINDO IV of Tarakan required to complete the land registration process in the Land Office in accordance with applicable regulations. Until now PT. Pelindo IV Tarakan not enroll all of the land which they are entitled and limitations affect the authority of PT. Pelindo IV Tarakan on the overall the land environment working of port areas. Keynote : Land Law, HPL, Law Review","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131297316","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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