The Indonesians has a close relation with land, water, space and natural resources in the territory, in order of the Nations Right to the highest order in the hierarchy of land tenure. But concurrently with the times, not only the Indonesian needed land and buildings, but also foreigners who working in Indonesia. It is the background of enactment of Government Regulation No. 41 of 1996 replaced by Government Regulation No. 103 of 2015 about Residential Ownership by Foreigner. Nevertheless the Government Regulation is considered not nationalists because mortgaging the Indonesia's territory to foreigner for investment reason. The method used in this research is a normative research with statute approach, historical approach and comparative approach. This research used primary legal sources and secondary legal sources incorporating nonlegal resources collected with literature research. Then the legal sources are qualitatively analyzed and then presented descriptively. The results of the study shows: 1) Housing ownership does not necessarily have an implication on land ownership, because the adoption of the Horizontal Separation Principle does not allow foreigners to own land even though they already have buildings on it. However, the period of Right to Use which is too long to reach 80 years can conflict with the Rights of the Nation; 2) Land tenure restriction by foreigners permanent residence in Indonesia is an obligation for the government to respect and protect the Rights of the Nation. The land tenure restriction is carried out by limiting housing ownership in the elaboration of subjects, quota restrictions, zoning, arrangements related to buying and selling and the establishment of duties to supervise the ownership of residential houses for foreigners domiciled in Indonesia.
{"title":"Penguasaan Tanah Oleh Orang Asing Dalam Perspektif Hak Bangsa","authors":"Arifah Nur","doi":"10.30872/mulrev.v3i1.32","DOIUrl":"https://doi.org/10.30872/mulrev.v3i1.32","url":null,"abstract":"The Indonesians has a close relation with land, water, space and natural resources in the territory, in order of the Nations Right to the highest order in the hierarchy of land tenure. But concurrently with the times, not only the Indonesian needed land and buildings, but also foreigners who working in Indonesia. It is the background of enactment of Government Regulation No. 41 of 1996 replaced by Government Regulation No. 103 of 2015 about Residential Ownership by Foreigner. Nevertheless the Government Regulation is considered not nationalists because mortgaging the Indonesia's territory to foreigner for investment reason. The method used in this research is a normative research with statute approach, historical approach and comparative approach. This research used primary legal sources and secondary legal sources incorporating nonlegal resources collected with literature research. Then the legal sources are qualitatively analyzed and then presented descriptively. The results of the study shows: 1) Housing ownership does not necessarily have an implication on land ownership, because the adoption of the Horizontal Separation Principle does not allow foreigners to own land even though they already have buildings on it. However, the period of Right to Use which is too long to reach 80 years can conflict with the Rights of the Nation; 2) Land tenure restriction by foreigners permanent residence in Indonesia is an obligation for the government to respect and protect the Rights of the Nation. The land tenure restriction is carried out by limiting housing ownership in the elaboration of subjects, quota restrictions, zoning, arrangements related to buying and selling and the establishment of duties to supervise the ownership of residential houses for foreigners domiciled in Indonesia.","PeriodicalId":338711,"journal":{"name":"Mulawarman Law Review","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114462331","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}
In the past three years, the profession as a judge has been in the spotlight. The reason is because this profession can be referred to as "God’s Deputy" and as a place for the last hope of the public in seeking justice it turns out that it was also been exposed by the Corruption Eradication Commission’s sting operation (KPK OTT) and so many were proven and punished for violating ethics. This is the reason why the urgency of the management of judges will be echoed. To make improvements, the research should not stand alone, but also see the practice of independence from the judicial power institutions and similar institutions of Judicial Commission (KY). In this regard, it is important to study with practice abroad, which in this paper takes Turkey as the comparative country of Indonesia. It is hoped to get a picture of practices from other countries, there are lessons that can be adopted in Indonesia to be regulated and practiced. In order for writing to be more focused the author uses normative legal research methods with a comparative approach. After studying the material and data, there are several results of this study, including the first judicial power institutions in Turkey and Indonesia which are independent institutions, and are equally regulated in the constitution, especially the judicial power chapter; second, the history of reform in implementing the management functions of judges in Turkey and Indonesia is different. If in Turkey it is done by separating it from the executive institution by establishing an HCJP institution, while in Indonesia it is carried out by being united to the judicial power institution; third, in Turkey the management of judges such as recruitment, regulating the placement, promotion, transfer, supervision, and imposition of disciplinary measures is carried out by other institutions called HCJP, while in Indonesia the management of judges is carried out by the Supreme Court. Even though KY has a duty in relation to the management of the judge's position, only in terms of training and supervision; fourth, HCJP and KY are equally regulated in the constitution, especially the judicial power chapter, and also have their own technical rules made to facilitate the implementation of their authority and duties.
{"title":"Manajemen Hakim (Studi Perbandingan Indonesia dengan Turki)","authors":"Ikhsan Azhar","doi":"10.30872/mulrev.v3i1.33","DOIUrl":"https://doi.org/10.30872/mulrev.v3i1.33","url":null,"abstract":"In the past three years, the profession as a judge has been in the spotlight. The reason is because this profession can be referred to as \"God’s Deputy\" and as a place for the last hope of the public in seeking justice it turns out that it was also been exposed by the Corruption Eradication Commission’s sting operation (KPK OTT) and so many were proven and punished for violating ethics. This is the reason why the urgency of the management of judges will be echoed. To make improvements, the research should not stand alone, but also see the practice of independence from the judicial power institutions and similar institutions of Judicial Commission (KY). In this regard, it is important to study with practice abroad, which in this paper takes Turkey as the comparative country of Indonesia. It is hoped to get a picture of practices from other countries, there are lessons that can be adopted in Indonesia to be regulated and practiced. In order for writing to be more focused the author uses normative legal research methods with a comparative approach. After studying the material and data, there are several results of this study, including the first judicial power institutions in Turkey and Indonesia which are independent institutions, and are equally regulated in the constitution, especially the judicial power chapter; second, the history of reform in implementing the management functions of judges in Turkey and Indonesia is different. If in Turkey it is done by separating it from the executive institution by establishing an HCJP institution, while in Indonesia it is carried out by being united to the judicial power institution; third, in Turkey the management of judges such as recruitment, regulating the placement, promotion, transfer, supervision, and imposition of disciplinary measures is carried out by other institutions called HCJP, while in Indonesia the management of judges is carried out by the Supreme Court. Even though KY has a duty in relation to the management of the judge's position, only in terms of training and supervision; fourth, HCJP and KY are equally regulated in the constitution, especially the judicial power chapter, and also have their own technical rules made to facilitate the implementation of their authority and duties.","PeriodicalId":338711,"journal":{"name":"Mulawarman Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133647776","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}
Information openess is needed by society, the improvement of information technology sector, electronic media and globalization happens almost in all life sectors. Technology improvement which is marked with internet can be operated by using electronic media such as computer or handphone. Through internet, information exchange can be done fast, accurate and with cheap cost. Therefore internet can be media to ease someone to do type of criminal act which based on informaton technology (cybercrime) such as, criminal ac like libel, pornography, gamling, account breaking, and etcetera. Related with libel via electronic media, as it is organized in Law Number 11 Year 2011 about Electronic Information and Transactions. Then this issue which is done and is also not missed from electronic media itself. The proof is issue which hold important role in investigation process in law. The provision about the criminal act method can be done toward person who is accused doing certain criminal act. This provision is organized in formal criminal law. Verification process becomes important because it will decides defendant fate. If proof result with proof of evidence which is determined with law does not enough proof the guilt which is accused to defendant, then defendant is freed from punishment. It is vice versa, if the defendant guilt can be proved with enough proof of evidence, then the defendant can be avowed guilty and will be punished according to valid law.
{"title":"Interpretation Qualification Proof toward Humiliation Performer or Libel in Social Media","authors":"Bayu Fermadi, Lasemi Sina, La Syarifudin","doi":"10.30872/mulrev.v3i1.26","DOIUrl":"https://doi.org/10.30872/mulrev.v3i1.26","url":null,"abstract":"Information openess is needed by society, the improvement of information technology sector, electronic media and globalization happens almost in all life sectors. Technology improvement which is marked with internet can be operated by using electronic media such as computer or handphone. Through internet, information exchange can be done fast, accurate and with cheap cost. Therefore internet can be media to ease someone to do type of criminal act which based on informaton technology (cybercrime) such as, criminal ac like libel, pornography, gamling, account breaking, and etcetera. \u0000Related with libel via electronic media, as it is organized in Law Number 11 Year 2011 about Electronic Information and Transactions. Then this issue which is done and is also not missed from electronic media itself. The proof is issue which hold important role in investigation process in law. The provision about the criminal act method can be done toward person who is accused doing certain criminal act. This provision is organized in formal criminal law. Verification process becomes important because it will decides defendant fate. If proof result with proof of evidence which is determined with law does not enough proof the guilt which is accused to defendant, then defendant is freed from punishment. It is vice versa, if the defendant guilt can be proved with enough proof of evidence, then the defendant can be avowed guilty and will be punished according to valid law.","PeriodicalId":338711,"journal":{"name":"Mulawarman Law Review","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114874131","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 development of Clinical Legal Education (CLE) in Indonesia will significantly contribute for graduating more competent and more professional students as it equally combines knowledge, skills and value that reflects what lawyer do (practical skill), what lawyer should do (value), and how lawyer should do (knowledge) in legal cases. As a part of CLE, the existence of civil law clinic plays important role for enhancing the competency of law students. Nationally, some aspects of civil law significantly contribute to the fulfillment of basic human need in Indonesia. Specifically, contract law, family law, employment law, and consumer protection. Internationally, as an undeniable impact from globalization in Indonesia, this process requires harmonization of law that has adopted new concepts, practices, and legal institutions in Indonesia. Maintaining its existence, law schools in Indonesia should manage civil law clinics by designing planning stage, learning stage, and reflection stage. Planning stage consists: developing the objective; formulating Curriculum, preparing clinic member; organizing clinic in day-to-day basis; and establishing clinic Assessment and grading criteria. Next, in learning stage, it should combine the process of transfer of knowledge, skills, and values. Lastly, it should contain journaling, feedback and debriefing as a reflection stage. As a result, the existence of civil law clinic will foster social justice as an ultimate vision of clinical legal education in Indonesia.
{"title":"Fostering Social Justice Through Managing Civil Law Clinic in Indonesia: A Comprehensive Framework and Practice","authors":"I. P. Widiatedja","doi":"10.30872/MULREV.V3I1.28","DOIUrl":"https://doi.org/10.30872/MULREV.V3I1.28","url":null,"abstract":"The development of Clinical Legal Education (CLE) in Indonesia will significantly contribute for graduating more competent and more professional students as it equally combines knowledge, skills and value that reflects what lawyer do (practical skill), what lawyer should do (value), and how lawyer should do (knowledge) in legal cases. As a part of CLE, the existence of civil law clinic plays important role for enhancing the competency of law students. Nationally, some aspects of civil law significantly contribute to the fulfillment of basic human need in Indonesia. Specifically, contract law, family law, employment law, and consumer protection. Internationally, as an undeniable impact from globalization in Indonesia, this process requires harmonization of law that has adopted new concepts, practices, and legal institutions in Indonesia. Maintaining its existence, law schools in Indonesia should manage civil law clinics by designing planning stage, learning stage, and reflection stage. Planning stage consists: developing the objective; formulating Curriculum, preparing clinic member; organizing clinic in day-to-day basis; and establishing clinic Assessment and grading criteria. Next, in learning stage, it should combine the process of transfer of knowledge, skills, and values. Lastly, it should contain journaling, feedback and debriefing as a reflection stage. As a result, the existence of civil law clinic will foster social justice as an ultimate vision of clinical legal education in Indonesia.","PeriodicalId":338711,"journal":{"name":"Mulawarman Law Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127765572","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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