Perubahan fungsi sebagian atau seluruh kawasan lahan dari fungsinya semula merupakan permasalahan yang berkembang saat ini, salah satunya alih fungsi lahan di sempadan saluran irigasi. Sempadan saluran irigasi adalah garis maya di kiri dan kanan palung saluran irigasi yang ditetapkan sebagai batas perlindungan saluran irigasi. Perubahan pemanfaatan lahan di sempadan Saluran irigasi Rentang Kabupaten Indramayu didominasi oleh peningkatan kawasan pemukiman dan pertanian yang memerlukan penanganan khusus dan merupakan kawasan yang mempunyai nilai strategis serta penataan ruangnya harus diprioritaskan. Hasil penelitian menunjukkan bahwa terdapat pelanggaran Pasal 80 Perda Kabupaten Indramayu Nomor 22 tahun 2007 atas pendirian bangunan di sempadan Saluran irigasi rentang Kabupaten Indramayu, hal ini karena pemanfaatan batas Saluran irigasi rentang Kabupaten Indramayu tidak sesuai sebagaimana diatur dalam Pasal 80 Perda Kabupaten Indramayu Nomor 22 tahun 2007. Dampak dari pendirian bangunan di perbatasan Saluran irigasi rentang Kabupaten Indramayu meliputi penurunan kualitas air saluran irigasi, peningkatan gerusan tepian saluran irigasi, dan mengurangi jumlah debit air. Strategi untuk mengendalikan dan mengawasi pemanfaatan ruang dilakukan melalui metode persuasif dan represif. Kata Kunci : Bangunan Liar, Sempadan irigasi, Berlakunya hukum
{"title":"PELANGGARAN HUKUM TERHADAP PEMANFAATAN SEMPADAN SALURAN IRIGASI RENTANG KABUPATEN INDRAMAYU","authors":"Sahne Fa Alhama Ibrahim Sakti","doi":"10.55809/tora.v8i1.60","DOIUrl":"https://doi.org/10.55809/tora.v8i1.60","url":null,"abstract":"Perubahan fungsi sebagian atau seluruh kawasan lahan dari fungsinya semula merupakan permasalahan yang berkembang saat ini, salah satunya alih fungsi lahan di sempadan saluran irigasi. Sempadan saluran irigasi adalah garis maya di kiri dan kanan palung saluran irigasi yang ditetapkan sebagai batas perlindungan saluran irigasi. Perubahan pemanfaatan lahan di sempadan Saluran irigasi Rentang Kabupaten Indramayu didominasi oleh peningkatan kawasan pemukiman dan pertanian yang memerlukan penanganan khusus dan merupakan kawasan yang mempunyai nilai strategis serta penataan ruangnya harus diprioritaskan. Hasil penelitian menunjukkan bahwa terdapat pelanggaran Pasal 80 Perda Kabupaten Indramayu Nomor 22 tahun 2007 atas pendirian bangunan di sempadan Saluran irigasi rentang Kabupaten Indramayu, hal ini karena pemanfaatan batas Saluran irigasi rentang Kabupaten Indramayu tidak sesuai sebagaimana diatur dalam Pasal 80 Perda Kabupaten Indramayu Nomor 22 tahun 2007. Dampak dari pendirian bangunan di perbatasan Saluran irigasi rentang Kabupaten Indramayu meliputi penurunan kualitas air saluran irigasi, peningkatan gerusan tepian saluran irigasi, dan mengurangi jumlah debit air. Strategi untuk mengendalikan dan mengawasi pemanfaatan ruang dilakukan melalui metode persuasif dan represif. \u0000Kata Kunci : Bangunan Liar, Sempadan irigasi, Berlakunya hukum","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114260945","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 Covid-19 Pandemic period did not hinder the implementation of land acquisition for infrastructure development to realize the Vision of Advanced Indonesia 2045 as the top 5 world economic powers. Land acquisition often does not benefit the affected people, causing conflict. The purpose of the study is to understand the legal aspects of land acquisition for infrastructure development, the factors causing the increase in agrarian conflicts in the infrastructure sector during the COVID-19 pandemic, and the legal protection of the community for land acquisition for infrastructure development. The approach method is normative juridical, descriptive analysis research specifications, types and sources of data based on secondary data, and qualitative data analysis. The results of the study, First, thegovernment's policy to ratify the Job Creation Law in providing convenience for corporations to carry out land acquisition has ignored Article 33 paragraph (3) of the 1945 Constitution. Second, infrastructure development contributes to increasing agrarian conflicts dueto closed, intimidating, manipulative processes, to use of violence against affected communities. Third. The Law on Land Funding for Development in the Public Interest has not been able to provide legal protection for the rights of the people whose land is used as the object of infrastructure development.
{"title":"IMPROVEMENT OF CONFLICT OF AGRARIAN PERIOD PANDEMIC COVID-19 DUE TO GOVERNMENT POLICY ON LAND ACQUISITION FOR INFRASTRUCTURE DEVELOPMENT","authors":"Henny Nuraeny, A. Kamilah","doi":"10.55809/tora.v8i1.79","DOIUrl":"https://doi.org/10.55809/tora.v8i1.79","url":null,"abstract":"The Covid-19 Pandemic period did not hinder the implementation of land acquisition for infrastructure development to realize the Vision of Advanced Indonesia 2045 as the top 5 world economic powers. Land acquisition often does not benefit the affected people, causing conflict. The purpose of the study is to understand the legal aspects of land acquisition for infrastructure development, the factors causing the increase in agrarian conflicts in the infrastructure sector during the COVID-19 pandemic, and the legal protection of the community for land acquisition for infrastructure development. The approach method is normative juridical, descriptive analysis research specifications, types and sources of data based on secondary data, and qualitative data analysis. The results of the study, First, thegovernment's policy to ratify the Job Creation Law in providing convenience for corporations to carry out land acquisition has ignored Article 33 paragraph (3) of the 1945 Constitution. Second, infrastructure development contributes to increasing agrarian conflicts dueto closed, intimidating, manipulative processes, to use of violence against affected communities. Third. The Law on Land Funding for Development in the Public Interest has not been able to provide legal protection for the rights of the people whose land is used as the object of infrastructure development.\u0000 ","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130466387","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}
Natalia Eunike Melisa Leuwol, J. R. Mawuntu, M. M. M. Setlight
This study aims to analyze the regulations regarding local government policies in thedistribution of Covid-19 social assistance in Indonesia. The research method used in thisstudy includes the type of normative juridical research which includes researching andstudying norms in laws and regulations, especially those relating to the object of research.Legal materials that will be studied in normative legal research are in the form of primarylegal materials, secondary legal materials and tertiary legal materials. The data collectiontechnique used is by conducting a search through laws and regulations, and comparing itwith materials regarding the fulfillment of social assistance for communities affected byCovid-19 by the Regional Government which were collected by conducting studies andinventories and then linking their contents with legal materials in the form of literature. law.The results of the study show that the regulation regarding the authority of localgovernments in distributing Covid-19 social assistance in Indonesia is reviewed from the firstpoint of view, the basic rules for distributing Covid-19, namely general rules governing thesource and mechanism for distributing social assistance funds as well as arrangementsregarding the delegation of authority to local governments given by the central governmentbased on the principles of decentralization and deconcentration in terms of the provision ofsocial assistance. Second, more specific rules regarding the distribution of social assistanceby provincial/district/municipal governments have been regulated in each regionalregulation and each has different forms and mechanisms for distributing social assistance.. Keywords Legal Policy, Local Government, Social Assistance, Covid-19.
{"title":"KEBIJAKAN HUKUM PEMERINTAH DAERAH DALAM PENYALURAN BANTUAN SOSIAL BAGI MASYARAKAT TERDAMPAK COVID-19","authors":"Natalia Eunike Melisa Leuwol, J. R. Mawuntu, M. M. M. Setlight","doi":"10.55809/tora.v7i3.47","DOIUrl":"https://doi.org/10.55809/tora.v7i3.47","url":null,"abstract":"This study aims to analyze the regulations regarding local government policies in thedistribution of Covid-19 social assistance in Indonesia. The research method used in thisstudy includes the type of normative juridical research which includes researching andstudying norms in laws and regulations, especially those relating to the object of research.Legal materials that will be studied in normative legal research are in the form of primarylegal materials, secondary legal materials and tertiary legal materials. The data collectiontechnique used is by conducting a search through laws and regulations, and comparing itwith materials regarding the fulfillment of social assistance for communities affected byCovid-19 by the Regional Government which were collected by conducting studies andinventories and then linking their contents with legal materials in the form of literature. law.The results of the study show that the regulation regarding the authority of localgovernments in distributing Covid-19 social assistance in Indonesia is reviewed from the firstpoint of view, the basic rules for distributing Covid-19, namely general rules governing thesource and mechanism for distributing social assistance funds as well as arrangementsregarding the delegation of authority to local governments given by the central governmentbased on the principles of decentralization and deconcentration in terms of the provision ofsocial assistance. Second, more specific rules regarding the distribution of social assistanceby provincial/district/municipal governments have been regulated in each regionalregulation and each has different forms and mechanisms for distributing social assistance.. \u0000Keywords Legal Policy, Local Government, Social Assistance, Covid-19.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124265083","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}
Aprilia Widya Mandey, Ronny A. Maramis, Friend H. Anis
This study aims to analyze the protection and law enforcement of the safety of medicalpersonnel in health services during the COVID-19 pandemic. The research method used inthis research is normative juridical. The approach used in this research is the conceptualapproach and the statutory approach. Sources and types of data used are secondary data.Secondary data collection is done by conducting a literature study. The results of the studyshow that the law enforcement process against the laws and regulations regarding thesafety of medical personnel in health services during the COVID-19 pandemic has not beenproperly enforced so that in its implementation there are many cases of medical personnelwho are exposed and died due to COVID-19, so that the rights of the rights of health workersduring the pandemic are still neglected and have not been fulfilled. The factors that causesuch as: lack of Personal Protective Equipment (PPE) including masks (N95), eye protection,gloves and long gowns (gown), lack of medical personnel, heavy workload, excessive andunbalanced working hours with fixed incentives, inadequate work environment and lack ofattention from the central government when medical personnel provide health services. Andalso in the process of providing incentives and compensation for death, it was found thatthere were internal obstacles that resulted in the giving process not running in accordancewith the established rules. Keywords Legal Protection, Health Service, Medical Workers Safety, Covid-19
{"title":"PERLINDUNGAN HUKUM TERHADAP KESELAMATAN TENAGA MEDIS DALAM PELAYANAN KESEHATAN SAAT PANDEMI COVID-19","authors":"Aprilia Widya Mandey, Ronny A. Maramis, Friend H. Anis","doi":"10.55809/tora.v7i3.49","DOIUrl":"https://doi.org/10.55809/tora.v7i3.49","url":null,"abstract":"This study aims to analyze the protection and law enforcement of the safety of medicalpersonnel in health services during the COVID-19 pandemic. The research method used inthis research is normative juridical. The approach used in this research is the conceptualapproach and the statutory approach. Sources and types of data used are secondary data.Secondary data collection is done by conducting a literature study. The results of the studyshow that the law enforcement process against the laws and regulations regarding thesafety of medical personnel in health services during the COVID-19 pandemic has not beenproperly enforced so that in its implementation there are many cases of medical personnelwho are exposed and died due to COVID-19, so that the rights of the rights of health workersduring the pandemic are still neglected and have not been fulfilled. The factors that causesuch as: lack of Personal Protective Equipment (PPE) including masks (N95), eye protection,gloves and long gowns (gown), lack of medical personnel, heavy workload, excessive andunbalanced working hours with fixed incentives, inadequate work environment and lack ofattention from the central government when medical personnel provide health services. Andalso in the process of providing incentives and compensation for death, it was found thatthere were internal obstacles that resulted in the giving process not running in accordancewith the established rules. \u0000Keywords Legal Protection, Health Service, Medical Workers Safety, Covid-19","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134098462","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}
This writing of this scientific paper discusses the use of retroactive principles in the handling of the resolution of gross violations of human rights in east Timor in the period 1999-2002. Where this retroactive principle is something new in the eyes of the lay community who still do not know much about the principle of retroakctive. With the occurrence of gross violations of human rights in eas Timor, it became a necessity for Indonesia to establish Human Rights court or before the esthablishment of the Ad,Hoc court. The establishment of the Human Rights court is therefor an insistence of the internasional community on the occurrence of serious violations that occurred in east Timor. The basis of the use of retroactive principles with the existence of law No. 39 of 1999 and law No. 26 of 2000 on Human Rights Court. From this analysis the author tried to make an analysis that regulates the use of retroactive principles in handling the settlement of gross violations of human rights in East Timor in the period 1999-2002Kata kunci : Penggunaan Asas Retroaktif pada Pelanggaran Berat Hak AsasiManusia
{"title":"PENGGUNAAN ASAS RETROAKTIF DALAM PENANGANAN PENYELESAIAN PELANGGARAN BERAT HAK ASASI MANUSIA DI TIMOR- TIMUR DALAM PERIODE TAHUN 1999-2002","authors":"Aturkian Laia, S. Arinanto","doi":"10.55809/tora.v7i3.45","DOIUrl":"https://doi.org/10.55809/tora.v7i3.45","url":null,"abstract":"This writing of this scientific paper discusses the use \u0000of retroactive principles in the handling of the resolution \u0000of gross violations of human rights in east Timor in the \u0000period 1999-2002. Where this retroactive principle is something new in the eyes of the \u0000lay community who still do not know much about the principle of retroakctive. With the \u0000occurrence of gross violations of human rights in eas Timor, it became a necessity for \u0000Indonesia to establish Human Rights court or before the esthablishment of the Ad,Hoc \u0000court. The establishment of the Human Rights court is therefor an insistence of the \u0000internasional community on the occurrence of serious violations that occurred in east \u0000Timor. The basis of the use of retroactive principles with the existence of law No. 39 of \u00001999 and law No. 26 of 2000 on Human Rights Court. From this analysis the author tried \u0000to make an analysis that regulates the use of retroactive principles in handling the \u0000settlement of gross violations of human rights in East Timor in the period 1999-2002Kata kunci : Penggunaan Asas Retroaktif pada Pelanggaran Berat Hak AsasiManusia","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115461819","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}
This study aims to analyze the regulation and guarantee in the implementation ofinvestment in coastal areas and small islands by local governments as well as how tosupervise and control investment activities in coastal areas and small islands as well as theauthority of the Regional Government to stop and revoke the investment permit. Thenormative legal research method is used to examine in depth the regulation and guaranteeof the Regional Government in the implementation of investment in the coastal area ofNorth Sulawesi. In order to obtain data in this study, data collection techniques are neededto obtain primary data and secondary data, both of which will be analyzed. The datacollection technique used in this research is literature study. The result of the research showsthat the local government is still not optimal in the court of investment activities in theCoastal area of North Sulawesi. As a result of this, investment cases arise. The famous casesof investment in the Coastal Area are the Buyat Bay case or the coastal area pollution caseby PT Newmont Minahasa Raya, the iron ore exploration case on the North Minahasa islandof Bangka by PT MMP whose case went to the Supreme Court with the Supreme Courtdecision Number 255 of 2016 which won the community and revoke PT MMP's activities onthe island of Bangka. But until now the company has carried out its activities and thecommunity continues to struggle. The third case is PT MSM which, although it has beenrejected and dismissed by the North Sulawesi DPRD in 2016 but is still operating until nowIn investment activities in coastal areas, from these cases, the government tends to neglectand does not take action to stop the company's activities. Keywords: Arrangement, guarantee, investment, coastal, small islands, North Sulawesi.
{"title":"PENGATURAN DAN PENJAMINAN INVESTASI PADA KAWASAN PESISIR DAN PULAU PULAU KECIL DI PROVINSI SULAWESI UTARA","authors":"Amalia Sengkey, M. E. Kalalo, Friend H. Anis","doi":"10.55809/tora.v7i3.50","DOIUrl":"https://doi.org/10.55809/tora.v7i3.50","url":null,"abstract":"This study aims to analyze the regulation and guarantee in the implementation ofinvestment in coastal areas and small islands by local governments as well as how tosupervise and control investment activities in coastal areas and small islands as well as theauthority of the Regional Government to stop and revoke the investment permit. Thenormative legal research method is used to examine in depth the regulation and guaranteeof the Regional Government in the implementation of investment in the coastal area ofNorth Sulawesi. In order to obtain data in this study, data collection techniques are neededto obtain primary data and secondary data, both of which will be analyzed. The datacollection technique used in this research is literature study. The result of the research showsthat the local government is still not optimal in the court of investment activities in theCoastal area of North Sulawesi. As a result of this, investment cases arise. The famous casesof investment in the Coastal Area are the Buyat Bay case or the coastal area pollution caseby PT Newmont Minahasa Raya, the iron ore exploration case on the North Minahasa islandof Bangka by PT MMP whose case went to the Supreme Court with the Supreme Courtdecision Number 255 of 2016 which won the community and revoke PT MMP's activities onthe island of Bangka. But until now the company has carried out its activities and thecommunity continues to struggle. The third case is PT MSM which, although it has beenrejected and dismissed by the North Sulawesi DPRD in 2016 but is still operating until nowIn investment activities in coastal areas, from these cases, the government tends to neglectand does not take action to stop the company's activities. \u0000Keywords: Arrangement, guarantee, investment, coastal, small islands, North Sulawesi.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115360722","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}
At Gunungsitoli District Court Decision Number 299/Pid.B/2013/PN.Gst), the defendant wassentenced to 12 years in prison for committing a joint murder. In this verdict, the defendantclearly acted as the main perpetrator or intellectual of the murder and the defendant alsothreatened one of the witnesses with the aim of making the witness participate in the murder.So the act of the defendant should be punished more severely in accordance with theprovisions of the criminal law. Based on these descriptions, the researcher interested inconducting research entitle “Pertimbangan Hakim Terhadap Putusan Pemidanaan Pada TindakPidana Pembunuhan (Studi Putusan Nomor 299/Pid.B/2013/PN.Gst).”Based on the results and discussion, it is concluded that the Judge's consideration in theconviction of the crime of murder (case study decision number 299 / Pid.B / 2013 / PN.Gst), thejudge has a non-juridical basis for consideration, namely where the defendant is polite in court,has never been convicted, and the defendant acknowledged and regretted his actions, whilethe juridical consideration was that based on the facts of the trial, the defendant legallycommitted the crime of murder. So the judge should have sent a conviction to the defendant asstipulated in Article 340 Jo 55 paragraph (1) of the Criminal Code. Keywords: Judges Considerations, Criminal Decisions, Murder Criminal Act
在Gunungsitoli地方法院第299/Pid.B/2013/PN.Gst号判决中，被告因共同谋杀罪被判处12年监禁。在该判决书中，被告明确地扮演了谋杀的主犯或知识分子的角色，并对其中一名证人进行了威胁，目的是使该证人参与谋杀。因此，应根据刑法的规定，对被告的行为予以更严厉的处罚。基于这些描述，研究者有兴趣进行一项名为“Pertimbangan Hakim Terhadap Putusan Pemidanaan Pada TindakPidana Pembunuhan (Studi Putusan Nomor 299/Pid.B/2013/PN.Gst)”的研究。根据研究结果和讨论，得出法官在认定杀人罪(案研决定第299 / Pid号)中的考虑。B / 2013 / PN.Gst)，法官考虑的是非司法基础，即被告在法庭上礼貌，从未被定罪，被告承认并后悔自己的行为，而司法考虑是根据审判事实，被告在法律上犯下了谋杀罪。因此，法官应该根据刑法第340条第55条第(1)款的规定向被告发出定罪。关键词:法官考量，刑事判决，谋杀犯罪行为
{"title":"PERTIMBANGAN HAKIM TERHADAP PUTUSAN PEMIDANAAN PADA TINDAK PIDANA PEMBUNUHAN (STUDI PUTUSAN NOMOR 299/PID.B/2013/PN.GST)","authors":"Elfiana Hulu","doi":"10.55809/tora.v7i3.44","DOIUrl":"https://doi.org/10.55809/tora.v7i3.44","url":null,"abstract":"At Gunungsitoli District Court Decision Number 299/Pid.B/2013/PN.Gst), the defendant wassentenced to 12 years in prison for committing a joint murder. In this verdict, the defendantclearly acted as the main perpetrator or intellectual of the murder and the defendant alsothreatened one of the witnesses with the aim of making the witness participate in the murder.So the act of the defendant should be punished more severely in accordance with theprovisions of the criminal law. Based on these descriptions, the researcher interested inconducting research entitle “Pertimbangan Hakim Terhadap Putusan Pemidanaan Pada TindakPidana Pembunuhan (Studi Putusan Nomor 299/Pid.B/2013/PN.Gst).”Based on the results and discussion, it is concluded that the Judge's consideration in theconviction of the crime of murder (case study decision number 299 / Pid.B / 2013 / PN.Gst), thejudge has a non-juridical basis for consideration, namely where the defendant is polite in court,has never been convicted, and the defendant acknowledged and regretted his actions, whilethe juridical consideration was that based on the facts of the trial, the defendant legallycommitted the crime of murder. So the judge should have sent a conviction to the defendant asstipulated in Article 340 Jo 55 paragraph (1) of the Criminal Code. \u0000Keywords: Judges Considerations, Criminal Decisions, Murder Criminal Act","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"65 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116588097","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}
Ivan Rinaldi, Mompang L. Panggabean, H. Pandiangan
The crime of corruption in Indonesia is already in a very serious positionand is deeply rooted in every aspect of the life of the nation and state. Corruptionpractices carried out by government officials have never gone down even moremassive and structured as well as with very mature planning to rob the state'smoney. State officials who commit criminal acts of corruption are also very smartand sophisticated to protect their crimes from being chased and even arrested bythe authorities, they even collaborate with other officials to smooth the budget thatwill be corrupted.One of the institutions that commit the most corruption is the House ofRepresentatives of the Republic of Indonesia (DPR-RI), where in the period from2004-2019 it was recorded that there were 70 members of the DRP Legislaturewho were involved in corruption cases in various fields within the commission thatwas part of the task. they. One member of the House of Representatives (DPR)who became the Chairman of the DPR for the 2014-2019 period, one that wasphenomenal, was that of Setya Novanto which resulted in a loss of state money ofRp. 1.2. trillion, it is really fantastic what Setya Novanto has done by involvingmany other members of the DPR as well as BUMN officials and finance officials tosmooth the budget that he will corrupt, in corruption for the E-KTP project.Beyond common sense and conscience as a representative of the people whoshould be at the forefront in eradicating corruption in Indonesia. Keywords: Law Enforcement, Corruption Crimes, Non-Penal Efforts, CriminalPolicy Perspective.
{"title":"PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI E–KTP OLEH ANGGOTA LEGISLATIF DAN UPAYA NON PENAL DALAM PERSPEKTIF KEBIJAKAN KRIMINAL","authors":"Ivan Rinaldi, Mompang L. Panggabean, H. Pandiangan","doi":"10.55809/tora.v7i3.46","DOIUrl":"https://doi.org/10.55809/tora.v7i3.46","url":null,"abstract":"The crime of corruption in Indonesia is already in a very serious positionand is deeply rooted in every aspect of the life of the nation and state. Corruptionpractices carried out by government officials have never gone down even moremassive and structured as well as with very mature planning to rob the state'smoney. State officials who commit criminal acts of corruption are also very smartand sophisticated to protect their crimes from being chased and even arrested bythe authorities, they even collaborate with other officials to smooth the budget thatwill be corrupted.One of the institutions that commit the most corruption is the House ofRepresentatives of the Republic of Indonesia (DPR-RI), where in the period from2004-2019 it was recorded that there were 70 members of the DRP Legislaturewho were involved in corruption cases in various fields within the commission thatwas part of the task. they. One member of the House of Representatives (DPR)who became the Chairman of the DPR for the 2014-2019 period, one that wasphenomenal, was that of Setya Novanto which resulted in a loss of state money ofRp. 1.2. trillion, it is really fantastic what Setya Novanto has done by involvingmany other members of the DPR as well as BUMN officials and finance officials tosmooth the budget that he will corrupt, in corruption for the E-KTP project.Beyond common sense and conscience as a representative of the people whoshould be at the forefront in eradicating corruption in Indonesia. \u0000 \u0000Keywords: Law Enforcement, Corruption Crimes, Non-Penal Efforts, CriminalPolicy Perspective.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126798191","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 background of this research is that the fiduciary guarantee is a form of legal protection forcreditors as the holder of the fiduciary guarantee in the management agreement regulated inArticle 15 of Law No. 42 of 1999 concerning Fiduciary Guarantee. However, after the issuance ofthe Constitutional Court Decision Number 18 / PUU-XVII / 2019 which considers the provisions ofarticle 15 of the fiduciary guarantee Act regarding the executorial power of fiduciary recipientswho will abuse creditors, or in other words the fiduciary guarantee certificate has no legalcertainty. in the power of execution. Therefore, the aim of this study is to analyze the legalcertainty and protection of the execution of fiduciary guarantees in the agreement regulated bythe Decision of the Constitutional Court Number 18 / PUU-XVII / 2019. This research is a normativejuridical study but is also supported by empirical data so that it is researched data that comes fromliterature and court decisions. The results show that the legal certainty of the Fiduciary GuaranteeParate in the Financing Agreement is linked to the Constitutional Court Decision Number 18 / PUU-XVII / 2019, namely that creditor companies can still execute fiduciary objects as long as there areprovisions for default or default in the agreement of the parties as outlined in the deed. agreementand the debtor's willingness to submit the object of guarantee. The form of legal protection forcreditors as holders of fiduciary guarantees is linked to the Constitutional Court Decision Number18 / PUU-XVII / 2019 in a preventive manner, namely by making a financing agreement as outlinedin a deed and containing provisions related to default or default. Meanwhile, repressive legalprotection is that if the debtor does not admit to default, the creditor can file a lawsuit against thecourt, so that the court will determine the condition of the debtor's default. Keywords: Legal Protection, Fiduciary Guarantee, Financing Agreement
{"title":"PERLINDUNGAN HUKUM TERHADAP KREDITOR SELAKU PEMEGANG JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019","authors":"Hawer Trimaryanto Gultom","doi":"10.55809/tora.v7i3.43","DOIUrl":"https://doi.org/10.55809/tora.v7i3.43","url":null,"abstract":"The background of this research is that the fiduciary guarantee is a form of legal protection forcreditors as the holder of the fiduciary guarantee in the management agreement regulated inArticle 15 of Law No. 42 of 1999 concerning Fiduciary Guarantee. However, after the issuance ofthe Constitutional Court Decision Number 18 / PUU-XVII / 2019 which considers the provisions ofarticle 15 of the fiduciary guarantee Act regarding the executorial power of fiduciary recipientswho will abuse creditors, or in other words the fiduciary guarantee certificate has no legalcertainty. in the power of execution. Therefore, the aim of this study is to analyze the legalcertainty and protection of the execution of fiduciary guarantees in the agreement regulated bythe Decision of the Constitutional Court Number 18 / PUU-XVII / 2019. This research is a normativejuridical study but is also supported by empirical data so that it is researched data that comes fromliterature and court decisions. The results show that the legal certainty of the Fiduciary GuaranteeParate in the Financing Agreement is linked to the Constitutional Court Decision Number 18 / PUU-XVII / 2019, namely that creditor companies can still execute fiduciary objects as long as there areprovisions for default or default in the agreement of the parties as outlined in the deed. agreementand the debtor's willingness to submit the object of guarantee. The form of legal protection forcreditors as holders of fiduciary guarantees is linked to the Constitutional Court Decision Number18 / PUU-XVII / 2019 in a preventive manner, namely by making a financing agreement as outlinedin a deed and containing provisions related to default or default. Meanwhile, repressive legalprotection is that if the debtor does not admit to default, the creditor can file a lawsuit against thecourt, so that the court will determine the condition of the debtor's default. \u0000Keywords: Legal Protection, Fiduciary Guarantee, Financing Agreement","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132555204","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}
Lati Marvian Timotius Putra, Abdurrahmah Konoras, M. M. M. Setlight
This study aims to analyze the form of legal protection against the ownership of tradesecrets in Indonesia and how to resolve trade secret disputes in the boiler machine business.This study was conducted on the principles of law and the rule of law that applies andanalyzes its strengths and weaknesses and analyzes the harmonization between these rulesand other regulations both vertically and horizontally so that this type of research is ajuridical normative research type. The results show that the forms of legal protectionagainst the ownership of trade secrets in Indonesia include, first, the TRIPs and WTOagreements, which are the rules of the world trade organization as a legal reference thatcontains juridical norms that must be obeyed and implemented in the field of intellectualproperty rights, especially those that regulate Intellectual Property Rights issues globally.Second, the method of making goods in the form of an agreement is in the form of a methodof making goods and includes processing processes, materials, safety procedures,equipment, operating procedures, equipment, and quality control procedures. Third, thetransfer of rights and license agreements in this case registration of applications for tradesecrets, rights of ownership of trade secrets and/or licenses does not need to go through aregistration procedure except for the transfer of rights. Ownership of trade secrets that youwant to protect must first be registered with the Directorate General of Intellectual PropertyRights. Keywords: Legal Protection, Trade Secrets, Proprietary.
{"title":"PERLINDUNGAN HUKUM TERHADAP KEPEMILIKAN RAHASIA DAGANG DI INDONESIA (Studi Kasus PT. Basuki Pratama Engineering dengan PT. Hitachi Construction Machinery Indonesia)","authors":"Lati Marvian Timotius Putra, Abdurrahmah Konoras, M. M. M. Setlight","doi":"10.55809/tora.v7i3.48","DOIUrl":"https://doi.org/10.55809/tora.v7i3.48","url":null,"abstract":"This study aims to analyze the form of legal protection against the ownership of tradesecrets in Indonesia and how to resolve trade secret disputes in the boiler machine business.This study was conducted on the principles of law and the rule of law that applies andanalyzes its strengths and weaknesses and analyzes the harmonization between these rulesand other regulations both vertically and horizontally so that this type of research is ajuridical normative research type. The results show that the forms of legal protectionagainst the ownership of trade secrets in Indonesia include, first, the TRIPs and WTOagreements, which are the rules of the world trade organization as a legal reference thatcontains juridical norms that must be obeyed and implemented in the field of intellectualproperty rights, especially those that regulate Intellectual Property Rights issues globally.Second, the method of making goods in the form of an agreement is in the form of a methodof making goods and includes processing processes, materials, safety procedures,equipment, operating procedures, equipment, and quality control procedures. Third, thetransfer of rights and license agreements in this case registration of applications for tradesecrets, rights of ownership of trade secrets and/or licenses does not need to go through aregistration procedure except for the transfer of rights. Ownership of trade secrets that youwant to protect must first be registered with the Directorate General of Intellectual PropertyRights. \u0000Keywords: Legal Protection, Trade Secrets, Proprietary.","PeriodicalId":355257,"journal":{"name":"Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131433438","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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