Pub Date : 2022-04-29DOI: 10.15294/ijals.v4i1.55648
A. Hariri, Satria Unggul Wicaksana Prakasa, S. Arifin, Ahmad Bahrul Efendi, Asis Asis
At the end of 2018, residents replanted the land with thousands of banana trunks. In January 2019, Pakel residents were reported by P.T. Bumi Sari; the police summoned 11 residents. In 2020, residents established a command post and planted it for six months. However, in 2020 PT BUMI SARI said it had pocketed the latest Right to Cultivate, which entered some of the villages included in their Right to Cultivate (HGU.). However, a copy document is not owned by the head of the town and residents in Pakel village. This research is a field research or empirical legal research. This research is intended to analyze about the reclaiming reclaiming carried out by the Pakel community, whether it is justified. Futhermore, this research also analyze whether PT Bumi Sari's control of land in Pakel village is against the law. This research concluded that reclaiming by Pakel residents is the right of Pakel residents as with the purpose of the formation of the Basic Agrarian Law (UUPA), which is to bring prosperity, happiness, and justice to the State and the people, especially to the peasants. Right to Cultivate of PT Bumi Sari does not comply with the laws and regulations stipulated in the UUPA. and Government Regulation of the Republic of Indonesia Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Rights.
2018年底，居民们用数千根香蕉树干重新种植了这片土地。2019年1月，P.T. Bumi Sari报告了巴克尔居民;警方传唤了11名居民。2020年，居民们建立了一个指挥所，并种植了六个月。然而，在2020年，PT BUMI SARI表示，它已经将最新的“耕种权”收入囊中，该权利进入了他们的“耕种权”(HGU.)中的一些村庄。然而，镇长和Pakel村的居民并不拥有这份文件的副本。本研究属于实地研究或实证法学研究。本研究旨在分析巴可尔社区进行的填海工程是否合理。此外，本研究还分析了PT Bumi Sari对Pakel村土地的控制是否违法。本研究的结论是，巴克尔居民的开垦是巴克尔居民的权利，其目的是制定《基本土地法》(UUPA)，为国家和人民，特别是农民带来繁荣、幸福和正义。PT布米纱丽的培育权不符合UUPA规定的法律法规。1996年第40号印度尼西亚共和国政府条例，涉及种植权、建筑使用权和土地权。
{"title":"Corporate vs Community Head to Head: The Complexity of Land Tenure Conflict in Indonesia","authors":"A. Hariri, Satria Unggul Wicaksana Prakasa, S. Arifin, Ahmad Bahrul Efendi, Asis Asis","doi":"10.15294/ijals.v4i1.55648","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.55648","url":null,"abstract":"At the end of 2018, residents replanted the land with thousands of banana trunks. In January 2019, Pakel residents were reported by P.T. Bumi Sari; the police summoned 11 residents. In 2020, residents established a command post and planted it for six months. However, in 2020 PT BUMI SARI said it had pocketed the latest Right to Cultivate, which entered some of the villages included in their Right to Cultivate (HGU.). However, a copy document is not owned by the head of the town and residents in Pakel village. This research is a field research or empirical legal research. This research is intended to analyze about the reclaiming reclaiming carried out by the Pakel community, whether it is justified. Futhermore, this research also analyze whether PT Bumi Sari's control of land in Pakel village is against the law. This research concluded that reclaiming by Pakel residents is the right of Pakel residents as with the purpose of the formation of the Basic Agrarian Law (UUPA), which is to bring prosperity, happiness, and justice to the State and the people, especially to the peasants. Right to Cultivate of PT Bumi Sari does not comply with the laws and regulations stipulated in the UUPA. and Government Regulation of the Republic of Indonesia Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Rights.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132431517","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 : 2022-04-28DOI: 10.15294/ijals.v4i1.56427
Nduka Lucas Oluka
As Nigeria reels under the security challenges causes by the insurgency of the Boko Haram Islamic sect, and Islamic State West African Province, ISWAP in the North East region, as well as banditry, armed robbery, kidnappings for ransom, ritual killings, separatist movement of the Indigenous People of Biafra, IPOB and the menace of the Fulani Herdsmen, the unprecedented killer COVID-19 pandemic and its concomitant global crisis changed the pattern of the security challenges and greatly undermined human security in the country. It is within this premise that this study made concerted effort to review the changing pattern of the Nigeria’s public safety and national security challenges in the COVID-19 pandemic era which in turn undermined human security. To achieve its objectives, this study adopted the historical research design which is qualitative and explorative in nature. Thus, secondary sources of data were reliably used in gathering of materials for the study and for gleaning extant literatures in the study area. Because of its contribution to the development of a civil society which is largely in practice in recent times, the Natural State theory was adopted as its theoretical framework. The study finds out among others that in the face of the outbreak of Coronavirus (COVID-19) pandemic, its accompaniment global crisis and the existing national security challenges in Nigeria are on the increase rather than in the decrease and all of which in turn threatened human security that was already in comatose state. Study concludes that the nexus between the security challenges in the pre-COVID-19 and COVID-19 pandemic eras is that both have tolled on human and material capital in Nigeria. The study therefore offers useful policy options to these national issues.
{"title":"Covid-19, Global Crisis and the Challenges of Human Security Management in Nigeria","authors":"Nduka Lucas Oluka","doi":"10.15294/ijals.v4i1.56427","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.56427","url":null,"abstract":"As Nigeria reels under the security challenges causes by the insurgency of the Boko Haram Islamic sect, and Islamic State West African Province, ISWAP in the North East region, as well as banditry, armed robbery, kidnappings for ransom, ritual killings, separatist movement of the Indigenous People of Biafra, IPOB and the menace of the Fulani Herdsmen, the unprecedented killer COVID-19 pandemic and its concomitant global crisis changed the pattern of the security challenges and greatly undermined human security in the country. It is within this premise that this study made concerted effort to review the changing pattern of the Nigeria’s public safety and national security challenges in the COVID-19 pandemic era which in turn undermined human security. To achieve its objectives, this study adopted the historical research design which is qualitative and explorative in nature. Thus, secondary sources of data were reliably used in gathering of materials for the study and for gleaning extant literatures in the study area. Because of its contribution to the development of a civil society which is largely in practice in recent times, the Natural State theory was adopted as its theoretical framework. The study finds out among others that in the face of the outbreak of Coronavirus (COVID-19) pandemic, its accompaniment global crisis and the existing national security challenges in Nigeria are on the increase rather than in the decrease and all of which in turn threatened human security that was already in comatose state. Study concludes that the nexus between the security challenges in the pre-COVID-19 and COVID-19 pandemic eras is that both have tolled on human and material capital in Nigeria. The study therefore offers useful policy options to these national issues.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129391357","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 : 2022-04-28DOI: 10.15294/ijals.v4i1.56426
Justine Tever Gberinyer, Ike O. Okoro, Eric Adishi
The study focused only on five local Government Areas of the State where incidents of various kinds of crime, particularly cattle herders attacks, cattle rustling, armed robbery, banditry, kidnappings and farmers-herders conflicts do occur regularly. A sample size of 18 (n-18) was determined for the study. The interview participants were recruited using the referral approach that was based on the purposive sampling technique of selecting persons with enough stock of knowledge, experience, and expertise on the topic of this study. The participants were recruited from the Nigeria Police, DSS, Nigeria Security and Civil Defence Corps, and community vigilante groups in Makurdi, the State capital located in Makurdi L.G.A (Benue North-west Zone) and four other Local Government Areas , namely, Agatu (Benue South zone), Logo, Kwande, and Katsina-Ala (Benue North-east zone),where all manner of criminal activities, particularly armed robbery, banditry, kidnapping, herders attacks, farmers-herdsmen clashes, and cattle rustling take place on regular basis. Data analysis was done using thematic analysis approach. Lincoln & Guba’s 3-step model was applied with the aid of NVivo 11.The finding of the study was that the management of the collection/collation phase of information meant for intelligence production, including the various agents and tools used for that process (informants, surveillance, technologies (ICT), community policing, and interrogation) predisposes criminal intelligence management to be very relevant to the fight against crime. The finding of the study also showed that how the intelligence analysis phase of the intelligence production process, particularly intelligence analysis is managed makes criminal intelligence management have much relevance and implications to the fight against crime and insecurity.
{"title":"An Evaluation of Relevance of Criminal Intelligence Management and Implications for Security and Public Safety in Benue State, Nigeria","authors":"Justine Tever Gberinyer, Ike O. Okoro, Eric Adishi","doi":"10.15294/ijals.v4i1.56426","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.56426","url":null,"abstract":"The study focused only on five local Government Areas of the State where incidents of various kinds of crime, particularly cattle herders attacks, cattle rustling, armed robbery, banditry, kidnappings and farmers-herders conflicts do occur regularly. A sample size of 18 (n-18) was determined for the study. The interview participants were recruited using the referral approach that was based on the purposive sampling technique of selecting persons with enough stock of knowledge, experience, and expertise on the topic of this study. The participants were recruited from the Nigeria Police, DSS, Nigeria Security and Civil Defence Corps, and community vigilante groups in Makurdi, the State capital located in Makurdi L.G.A (Benue North-west Zone) and four other Local Government Areas , namely, Agatu (Benue South zone), Logo, Kwande, and Katsina-Ala (Benue North-east zone),where all manner of criminal activities, particularly armed robbery, banditry, kidnapping, herders attacks, farmers-herdsmen clashes, and cattle rustling take place on regular basis. Data analysis was done using thematic analysis approach. Lincoln & Guba’s 3-step model was applied with the aid of NVivo 11.The finding of the study was that the management of the collection/collation phase of information meant for intelligence production, including the various agents and tools used for that process (informants, surveillance, technologies (ICT), community policing, and interrogation) predisposes criminal intelligence management to be very relevant to the fight against crime. The finding of the study also showed that how the intelligence analysis phase of the intelligence production process, particularly intelligence analysis is managed makes criminal intelligence management have much relevance and implications to the fight against crime and insecurity. ","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121555772","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 : 2022-04-27DOI: 10.15294/ijals.v4i1.53646
Fathul Hamdani, Ana Fauzia
The Covid-19 emergency condition requires a change in the priority of using village funds, which was originally to finance government administration, development implementation, community development, and community empowerment switch to village cash direct assistance activities. Mekarsari Village basically had several priorities before the arrival of the Covid-19 pandemic, one of which was the improvement of infrastructure such as roads and government agencies such as village offices due to the earthquake that hit Lombok Island in mid-2018. The purpose of this study is to examine how the impact of the Covid-19 pandemic in Mekarsari Village is, then examine the authority of the Mekarsari Village Government in managing village funds in the Covid-19 pandemic era and how to optimize it, and examine what obstacles are faced by the Mekarsari Village Government in managing funds. village during the Covid-19 pandemic. In this study, the author applies the normative-empirical legal research method using a statutory, conceptual, and sociological approach. The results of the study indicate that the very broad function of the village government is the foundation for the sustainability of effective village government in carrying out local policies, especially in dealing with the Covid-19 pandemic. Then the Mekarsari Village Government has also established a village fund program to support village development so that they are able to optimally manage human and natural resources in order to alleviate new poverty due to the Covid-19 pandemic.
{"title":"The Authority of the Village Government in the Management of Village Funds during the Covid-19 Pandemic","authors":"Fathul Hamdani, Ana Fauzia","doi":"10.15294/ijals.v4i1.53646","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.53646","url":null,"abstract":"The Covid-19 emergency condition requires a change in the priority of using village funds, which was originally to finance government administration, development implementation, community development, and community empowerment switch to village cash direct assistance activities. Mekarsari Village basically had several priorities before the arrival of the Covid-19 pandemic, one of which was the improvement of infrastructure such as roads and government agencies such as village offices due to the earthquake that hit Lombok Island in mid-2018. The purpose of this study is to examine how the impact of the Covid-19 pandemic in Mekarsari Village is, then examine the authority of the Mekarsari Village Government in managing village funds in the Covid-19 pandemic era and how to optimize it, and examine what obstacles are faced by the Mekarsari Village Government in managing funds. village during the Covid-19 pandemic. In this study, the author applies the normative-empirical legal research method using a statutory, conceptual, and sociological approach. The results of the study indicate that the very broad function of the village government is the foundation for the sustainability of effective village government in carrying out local policies, especially in dealing with the Covid-19 pandemic. Then the Mekarsari Village Government has also established a village fund program to support village development so that they are able to optimally manage human and natural resources in order to alleviate new poverty due to the Covid-19 pandemic. \u0000 ","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116636528","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 : 2022-04-26DOI: 10.15294/ijals.v4i1.53335
Chandra Noviardy Irawan, Pujiyono Pujiyono, I. Cahyaningtyas
Business judgment rule considerations were born with a background of problems where they are always blamed for losses suffered by the company, the impression that is built basically does not reflect the values in the company’s business operations. This research aims to analyze how is the adoption process Business Judgement Rule in Indonesian law, and how to apply Business Judgement Rule in Indonesian. This research also intended to understand the application of the Business Judgment Rule doctrine in Indonesia. This research is normative juridical research conducted through library research and analyzed by qualitative research methods on the secondary data found. The results of this study indicate that the application of the Business Judgment Rule can provide legal protection for the board of directors for business policies taken even though the business policy results in losses for the company, as long as the business decisions are made with prudence, in good faith, and in the scope of authority and responsibility.
{"title":"Implementation of Business Judgement Rules in Indonesia: Theories, Practices, and Contemporary Cases","authors":"Chandra Noviardy Irawan, Pujiyono Pujiyono, I. Cahyaningtyas","doi":"10.15294/ijals.v4i1.53335","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.53335","url":null,"abstract":"Business judgment rule considerations were born with a background of problems where they are always blamed for losses suffered by the company, the impression that is built basically does not reflect the values in the company’s business operations. This research aims to analyze how is the adoption process Business Judgement Rule in Indonesian law, and how to apply Business Judgement Rule in Indonesian. This research also intended to understand the application of the Business Judgment Rule doctrine in Indonesia. This research is normative juridical research conducted through library research and analyzed by qualitative research methods on the secondary data found. The results of this study indicate that the application of the Business Judgment Rule can provide legal protection for the board of directors for business policies taken even though the business policy results in losses for the company, as long as the business decisions are made with prudence, in good faith, and in the scope of authority and responsibility.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124448740","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 : 2022-04-18DOI: 10.15294/ijals.v4i1.55226
Muhyidin Muhyidin, Yuli Prasetyo Adhi, T. Triyono
This paper aims to describe and analyze the contribution of Islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. Determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. Because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). Islamic law recognizes the death penalty in a crime that has been determined by Allah SWT. in the Al-Qur’an. The death penalty in Islam gives its color with the idea of balance that does not only focus on the perpetrators of the crime but also the victim. Of course, this idea of balance is following the basic values of Pancasila. The death penalty in Islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft Criminal Code which until now has not been ratified as a means for national law reform.
{"title":"Contribution of Islamic Law Concerning The Death Penalty to the Renewal of Indonesian Criminal Law","authors":"Muhyidin Muhyidin, Yuli Prasetyo Adhi, T. Triyono","doi":"10.15294/ijals.v4i1.55226","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.55226","url":null,"abstract":"This paper aims to describe and analyze the contribution of Islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. Determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. Because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). Islamic law recognizes the death penalty in a crime that has been determined by Allah SWT. in the Al-Qur’an. The death penalty in Islam gives its color with the idea of balance that does not only focus on the perpetrators of the crime but also the victim. Of course, this idea of balance is following the basic values of Pancasila. The death penalty in Islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft Criminal Code which until now has not been ratified as a means for national law reform.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115499357","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 : 2022-04-18DOI: 10.15294/ijals.v4i1.54429
Rina Elsa Rizkiana, M. Gerry
WHO stated there was an additional variants of the Corona virus that were more easily transmitted and resistant to vaccines. The Indonesian government required to prevent the entry of these variants into Indonesian territory. This prevention realized by implementing a quarantine policy which guided by Law Number 6 of 2018 on Health Quarantine. However, there is a gap between the number of violations and the low rate of case resolution. One of the causes is people's non-compliance with quarantine provisions after traveling abroad. This contradicted by the purpose of the Health Quarantine Act. This study aims to describe the legality and legal construction of the Health Quarantine Act formulation. This research was a normative juridical by using a statute approach and a conceptual approach. The results of the study indicate that violations of the Health Quarantine Act can be punish in order to provide certainty and law enforcement based on the ultimum remedium principle if they meet the provisions of the Health Quarantine Act. Thus, evaluation of legal content related to juridical consequences, and socialization as a persuasive effort and communication strategy need to be carried out so that transparency of legal consequences can be accepted and obeyed by the community.
{"title":"Enforcement of Criminal Sanctions of Health Quarantine Law Trespasser in Indonesia","authors":"Rina Elsa Rizkiana, M. Gerry","doi":"10.15294/ijals.v4i1.54429","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.54429","url":null,"abstract":"WHO stated there was an additional variants of the Corona virus that were more easily transmitted and resistant to vaccines. The Indonesian government required to prevent the entry of these variants into Indonesian territory. This prevention realized by implementing a quarantine policy which guided by Law Number 6 of 2018 on Health Quarantine. However, there is a gap between the number of violations and the low rate of case resolution. One of the causes is people's non-compliance with quarantine provisions after traveling abroad. This contradicted by the purpose of the Health Quarantine Act. This study aims to describe the legality and legal construction of the Health Quarantine Act formulation. This research was a normative juridical by using a statute approach and a conceptual approach. The results of the study indicate that violations of the Health Quarantine Act can be punish in order to provide certainty and law enforcement based on the ultimum remedium principle if they meet the provisions of the Health Quarantine Act. Thus, evaluation of legal content related to juridical consequences, and socialization as a persuasive effort and communication strategy need to be carried out so that transparency of legal consequences can be accepted and obeyed by the community.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122540371","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 : 2022-04-18DOI: 10.15294/ijals.v4i1.54468
Rizki Bagus Prasetio
COVID-19 has had a broad impact in many sectors, including social welfare and legal certainty. During covid-19, in 2021 about 28,000 children being orphaned, and this continues to grow along with the outbreak of the Covid-19 virus in Indonesia. Constitutionally, state guarantees for children’s welfare are regulated in various laws and regulations, however, many children do not get care until they grow up, causing the child to be under trusteeship. In positive law, trusteeship has been regulated in the Civil Code, the Compilation of Islamic Law, Law 1 of 1974 and PP 29 of 2019. However, the extent to which these regulations can meet the need for trusteeship in Indonesia still needs to be studied. This paper includes the extent to which Orphan Chamber’s (Balai Harta Peninggalan or BHP) role in the trust can function correctly. This study used normative juridical research uses a statute approach through library studies. This study found and confirmed that every child is not only entitled to protection for himself. He is also entitled to protection for his property. However, some of these regulations still have various problems ranging from overlapping rules to problems in practice. Meanwhile, the existence of disharmony provisions causes the role of BHP as trustee of trustees and temporary trustees to be less than optimal. However, with the RUU BHP, the concept of trusteeship and the role of BHP institutionally and its duties and functions will be strengthened, although with various notes. Such is the case by optimizing his role as supervisory trustee in situations of natural or non-natural disasters such as the Covid-19 pandemic.
{"title":"Trusteeship during the Covid-19 Pandemic: Urgency and Challenges in Indonesia","authors":"Rizki Bagus Prasetio","doi":"10.15294/ijals.v4i1.54468","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.54468","url":null,"abstract":"COVID-19 has had a broad impact in many sectors, including social welfare and legal certainty. During covid-19, in 2021 about 28,000 children being orphaned, and this continues to grow along with the outbreak of the Covid-19 virus in Indonesia. Constitutionally, state guarantees for children’s welfare are regulated in various laws and regulations, however, many children do not get care until they grow up, causing the child to be under trusteeship. In positive law, trusteeship has been regulated in the Civil Code, the Compilation of Islamic Law, Law 1 of 1974 and PP 29 of 2019. However, the extent to which these regulations can meet the need for trusteeship in Indonesia still needs to be studied. This paper includes the extent to which Orphan Chamber’s (Balai Harta Peninggalan or BHP) role in the trust can function correctly. This study used normative juridical research uses a statute approach through library studies. This study found and confirmed that every child is not only entitled to protection for himself. He is also entitled to protection for his property. However, some of these regulations still have various problems ranging from overlapping rules to problems in practice. Meanwhile, the existence of disharmony provisions causes the role of BHP as trustee of trustees and temporary trustees to be less than optimal. However, with the RUU BHP, the concept of trusteeship and the role of BHP institutionally and its duties and functions will be strengthened, although with various notes. Such is the case by optimizing his role as supervisory trustee in situations of natural or non-natural disasters such as the Covid-19 pandemic.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129451723","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 : 2022-04-14DOI: 10.15294/ijals.v4i1.54419
Stephanie Ellenesia Saragih, Muhammad Bahrul Ulum
The COVID-19 pandemic has become a new challenge for most societies worldwide, significantly impacting the economic sector. For this reason, online community empowerment is an alternative, given the rapid development of technology. This pandemic has pushed people to shift to digital technology, including the increasing importance of digital marketing. However, in its application, Micro, Small, and Medium Enterprises (MSMEs) still face problems designing and starting this digital marketing. This study focuses on empowering the community for the MSME in connecting sheets (kain sambung or perca) in Jatimkar Village, Jatiasih District, Bekasi City, West Java with the field conditions that business actors have not considered the vital role of digital marketing. Marketing through social media and marketplaces cannot be carried out optimally because business actors focus on the production process rather than marketing. This situation is suspected to be due to the limitations of business actors in operating social media and marketplaces. In fact, in this situation, business actors are experiencing a decline in sales figures, resulting in a decrease in sales turnover. This research was conducted based on community service to assist business actors in improving marketing by covering observation, socialization, discussion, and practice. The implementation method used is Asset Based Community Development (ABCD). The benchmark for the success of this program is the increase in the asset value of MSMEs so that business actors gain skills in digital marketing by using social media and the marketplace to introduce and market the product.
{"title":"Empowering Society during Covid-19 Outbreaks: Digital Marketing Optimization for MSMEs and Human Rights Perspective","authors":"Stephanie Ellenesia Saragih, Muhammad Bahrul Ulum","doi":"10.15294/ijals.v4i1.54419","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.54419","url":null,"abstract":"The COVID-19 pandemic has become a new challenge for most societies worldwide, significantly impacting the economic sector. For this reason, online community empowerment is an alternative, given the rapid development of technology. This pandemic has pushed people to shift to digital technology, including the increasing importance of digital marketing. However, in its application, Micro, Small, and Medium Enterprises (MSMEs) still face problems designing and starting this digital marketing. This study focuses on empowering the community for the MSME in connecting sheets (kain sambung or perca) in Jatimkar Village, Jatiasih District, Bekasi City, West Java with the field conditions that business actors have not considered the vital role of digital marketing. Marketing through social media and marketplaces cannot be carried out optimally because business actors focus on the production process rather than marketing. This situation is suspected to be due to the limitations of business actors in operating social media and marketplaces. In fact, in this situation, business actors are experiencing a decline in sales figures, resulting in a decrease in sales turnover. This research was conducted based on community service to assist business actors in improving marketing by covering observation, socialization, discussion, and practice. The implementation method used is Asset Based Community Development (ABCD). The benchmark for the success of this program is the increase in the asset value of MSMEs so that business actors gain skills in digital marketing by using social media and the marketplace to introduce and market the product.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133384064","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 : 2022-03-29DOI: 10.15294/ijals.v4i1.53366
Tri Sulistiyono, P. Herlambang, Dwi Pangestu Khoirunisa, A. Sabri
The quality of labor resources in a country is an important part of development. A qualified workforce will encourage the acceleration of development in an effective, efficient, and competitive manner. In addition, a qualified workforce will also encourage massive economic growth. However, in improving the quality of the workforce, there are still many challenges, one of which is related to the distribution of skills and competencies of workforce certification. This study aims to analyze strategies and patterns of improving the quality of the workforce through community and community strengthening. This study is part of a community service program in the Gunungpati area, Semarang City, Indonesia. Such an approach is expected to support the validity of the devotion results as a helpful output. Observation will be carried out using field studies about the subject matter studied. This devotion uses socialization, games, and motivational training as an effective strategy to instill awareness in the target audience of the dangers and threats to tax blindness as well as the importance of public awareness of the importance of tax payments, not only for themselves but for the state, to ensure the fulfillment of the rights of the community, mainly traders and entrepreneurs as fellow citizens will be increasingly guaranteed and accountable.
{"title":"Strengthening the Role of Community in Improving the Quality of The Manpower","authors":"Tri Sulistiyono, P. Herlambang, Dwi Pangestu Khoirunisa, A. Sabri","doi":"10.15294/ijals.v4i1.53366","DOIUrl":"https://doi.org/10.15294/ijals.v4i1.53366","url":null,"abstract":"The quality of labor resources in a country is an important part of development. A qualified workforce will encourage the acceleration of development in an effective, efficient, and competitive manner. In addition, a qualified workforce will also encourage massive economic growth. However, in improving the quality of the workforce, there are still many challenges, one of which is related to the distribution of skills and competencies of workforce certification. This study aims to analyze strategies and patterns of improving the quality of the workforce through community and community strengthening. This study is part of a community service program in the Gunungpati area, Semarang City, Indonesia. Such an approach is expected to support the validity of the devotion results as a helpful output. Observation will be carried out using field studies about the subject matter studied. This devotion uses socialization, games, and motivational training as an effective strategy to instill awareness in the target audience of the dangers and threats to tax blindness as well as the importance of public awareness of the importance of tax payments, not only for themselves but for the state, to ensure the fulfillment of the rights of the community, mainly traders and entrepreneurs as fellow citizens will be increasingly guaranteed and accountable.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129255747","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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