Pub Date : 2023-01-31DOI: 10.30997/jill.v15i1.7931
Raden Djuniarsono, Martin Roestamy, Endeh Suhartini
Guided by Pancasila and the 1945 Constitution, Indonesia should implement a welfare state with strategic planning for the welfare of the people through state ownership of certain business units that provide the greatest benefit for the welfare of the people by establishing companies that are majority or partially owned by the state, namely BUMN based on Good Corporate Governance (GCG). However, the role of BUMN has not been optimal and has not fulfilled the expectations of Article 33 of the 1945 Constitution and it is necessary to make improvements and arrangements, one of which is through privatization to improve and improve company performance. This research uses the juridical normative approach, namely, the law is conceptualized as norms, rules, principles, or dogmas, with data collection techniques used through library research methods and interviews and using qualitative analysis. Based on the results of the research conducted, there are many obstacles and problems in the application of the privatization method in reforming and structuring BUMN, especially related to separated state assets and the criteria for BUMN that can be privatized. For this reason, serious, systematic, tiered, and strategic efforts are needed in reforming and structuring state-owned companies, especially efforts to improve the performance and value of the company and are carried out by taking into account the legal side of the business and the state constitution.
Keywords : Constitution; Privatization; GCG; Community Welfare
{"title":"PRIVATISASI BUMN SEBAGAI PILAR PEREKONOMIAN NASIONAL DALAM PERSPEKTIF HUKUM BISNIS","authors":"Raden Djuniarsono, Martin Roestamy, Endeh Suhartini","doi":"10.30997/jill.v15i1.7931","DOIUrl":"https://doi.org/10.30997/jill.v15i1.7931","url":null,"abstract":"Guided by Pancasila and the 1945 Constitution, Indonesia should implement a welfare state with strategic planning for the welfare of the people through state ownership of certain business units that provide the greatest benefit for the welfare of the people by establishing companies that are majority or partially owned by the state, namely BUMN based on Good Corporate Governance (GCG). However, the role of BUMN has not been optimal and has not fulfilled the expectations of Article 33 of the 1945 Constitution and it is necessary to make improvements and arrangements, one of which is through privatization to improve and improve company performance. This research uses the juridical normative approach, namely, the law is conceptualized as norms, rules, principles, or dogmas, with data collection techniques used through library research methods and interviews and using qualitative analysis. Based on the results of the research conducted, there are many obstacles and problems in the application of the privatization method in reforming and structuring BUMN, especially related to separated state assets and the criteria for BUMN that can be privatized. For this reason, serious, systematic, tiered, and strategic efforts are needed in reforming and structuring state-owned companies, especially efforts to improve the performance and value of the company and are carried out by taking into account the legal side of the business and the state constitution.
 Keywords : Constitution; Privatization; GCG; Community Welfare","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440699","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 : 2023-01-31DOI: 10.30997/jill.v15i1.6577
Nur Fitri Melnia, None Djanuardi, Hazar Kusmayanti
Marriage requirements must be fullfiled by the prospective bride and groom before marriage, but when it does not fulfill the requirements one of that the refusal of the marriage guardian called Islamic law wali adhal, then marriage registration cannot be conducted. First study aims to determine the legal certainty and validity of the marriage of guardian adhal according the law of Islamic and Marriage law. The second aims to find out and analyze the implementation of the principles of the Religious Justice in determining the guardian adhal in the practice of the settlement process and the judges considerations at the Bogor Religious Court. The object of journal is determination 0242/Pdt.P/2017/PA.Bgr and 57/Pdt.P/2021/PA.Bgr. The first result study is show the marriage registration with the determination of adhal guardian which was granted by the judge valid in the point of Islamic law. Marriage Law tell the marriage registration is legal but the marriage guardian hasn’t been regulated. The second result study is stated with related number determination was inkrah because judges at the Bogor Religious Court made considerations through the relevant principles of the Judicial Law namely is Islamic personality, legality, equality and active judges providing assistance. Keywords : Wali Adhal; Determination; Registration.
未来的新娘和新郎在结婚前必须满足婚姻要求，但如果不满足要求之一，即婚姻监护人(伊斯兰法律称为wali adhal)的拒绝，那么婚姻登记就不能进行。首先，根据伊斯兰教法和婚姻法确定监护人婚姻的法律确定性和法律效力。第二部分旨在找出并分析宗教正义原则在解决过程中确定监护人权利的实施情况以及茂物宗教法院法官的考虑。期刊对象为0242/Pdt.P/2017/PA决议。Bgr和57/ pdp . p /2021/PA.Bgr。第一个研究结果表明，在伊斯兰教法的观点下，由法官认定的有监护人的婚姻登记是有效的。《婚姻法》规定，婚姻登记是合法的，但婚姻监护人尚未得到规定。第二个结果研究与相关数字的确定有关，因为茂物宗教法院的法官通过《司法法》的有关原则进行了考虑，即伊斯兰教的个性、合法性、平等和积极提供援助的法官。关键词:瓦里阿达尔;决心;登记。
{"title":"KEABSAHAN PERKAWINAN DENGAN PENETAPAN WALI ADHAL DIHUBUNGKAN ASAS-ASAS PERADILAN AGAMA DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN","authors":"Nur Fitri Melnia, None Djanuardi, Hazar Kusmayanti","doi":"10.30997/jill.v15i1.6577","DOIUrl":"https://doi.org/10.30997/jill.v15i1.6577","url":null,"abstract":"Marriage requirements must be fullfiled by the prospective bride and groom before marriage, but when it does not fulfill the requirements one of that the refusal of the marriage guardian called Islamic law wali adhal, then marriage registration cannot be conducted. First study aims to determine the legal certainty and validity of the marriage of guardian adhal according the law of Islamic and Marriage law. The second aims to find out and analyze the implementation of the principles of the Religious Justice in determining the guardian adhal in the practice of the settlement process and the judges considerations at the Bogor Religious Court. The object of journal is determination 0242/Pdt.P/2017/PA.Bgr and 57/Pdt.P/2021/PA.Bgr. The first result study is show the marriage registration with the determination of adhal guardian which was granted by the judge valid in the point of Islamic law. Marriage Law tell the marriage registration is legal but the marriage guardian hasn’t been regulated. The second result study is stated with related number determination was inkrah because judges at the Bogor Religious Court made considerations through the relevant principles of the Judicial Law namely is Islamic personality, legality, equality and active judges providing assistance. Keywords : Wali Adhal; Determination; Registration.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440701","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 : 2023-01-31DOI: 10.30997/jill.v15i1.5105
Rahmithasari Marwahputri, Syamsuddin Muchtar, Nur Azisa
This study was written to find out and analyze the application of criminal conditions on children who are perpetrators of crimes based on Decision Number 2/Pid.Sus-anak/2020/PN.SKG and the implementation of criminal coaching outside the institution against children in accordance with the form of criminal conditions with conditions. The results of the study show that there are efforts from law enforcement to protect the rights of children in conflict with the law. Coaching outside the institution also really requires coordination between the Community Counselor and the child's parents. There is a legal vacuum in terms of technical regulations for fostering children outside the institution. So that the Supervision of Children should be made technical implementing regulations so that they can be used as a reference by the Community Counselor in carrying out their main duties and functions. Keywords : Criminal Conditions; Child; Coaching.
本研究是根据第2/ pid . su -anak/2020/PN号决定，找出并分析犯罪条件对犯罪儿童的适用。SKG并在机构外实施针对儿童的刑事辅导，形式与条件符合刑事条件。研究结果表明，执法部门在保护违反法律的儿童权利方面做出了努力。机构外的辅导也确实需要社区咨询师和孩子父母之间的协调。在机构外抚养儿童的技术法规方面存在法律真空。因此，应制定《儿童监督条例》的技术性实施细则，以供社区辅导员在履行其主要职责时参考。关键词:犯罪条件;孩子;训练
{"title":"PENERAPAN PIDANA PEMBINAAN DI LUAR LEMBAGA TERHADAP ANAK SEBAGAI BENTUK PIDANA DENGAN SYARAT","authors":"Rahmithasari Marwahputri, Syamsuddin Muchtar, Nur Azisa","doi":"10.30997/jill.v15i1.5105","DOIUrl":"https://doi.org/10.30997/jill.v15i1.5105","url":null,"abstract":"This study was written to find out and analyze the application of criminal conditions on children who are perpetrators of crimes based on Decision Number 2/Pid.Sus-anak/2020/PN.SKG and the implementation of criminal coaching outside the institution against children in accordance with the form of criminal conditions with conditions. The results of the study show that there are efforts from law enforcement to protect the rights of children in conflict with the law. Coaching outside the institution also really requires coordination between the Community Counselor and the child's parents. There is a legal vacuum in terms of technical regulations for fostering children outside the institution. So that the Supervision of Children should be made technical implementing regulations so that they can be used as a reference by the Community Counselor in carrying out their main duties and functions. Keywords : Criminal Conditions; Child; Coaching.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440705","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 : 2023-01-31DOI: 10.30997/jill.v15i1.5798
Siti Parlina, Devi Siti Hamzah
Dispute settlement is the settlement of a case that is settled between one party and another, the purpose of the debate can be pursued through a lawsuit (settlement through court) and non-prosecution (settlement is done out of court). The motivation behind this examination is to find out how the exchange of land rights without a will and how the alternative settlement of land problems that occur on the land of the poor is ensured. The research technique used is normative juridical The exchange of land rights without ratification can be done through time intervals, where this technique does not require a statement as strong evidence, but the litigants in land disputes can show that they have developed or have given legal authority and has been dealing with soil properly for a long time. (twenty years) to 30 (thirty years) and Settlement of land problems that occur on land that have been guaranteed to be carried out through deliberation/thought, conciliation, mediation and arbitration. By regulation, land that does not have a will cannot be considered as the property of the person who controls it. Keywords : Land disputes; litigation; non-litigation
{"title":"ALTERNATIF PENYELESAIAN SENGKETA BATAS BIDANG TANAH DAN UPAYA PENYELESAIANNYA","authors":"Siti Parlina, Devi Siti Hamzah","doi":"10.30997/jill.v15i1.5798","DOIUrl":"https://doi.org/10.30997/jill.v15i1.5798","url":null,"abstract":"Dispute settlement is the settlement of a case that is settled between one party and another, the purpose of the debate can be pursued through a lawsuit (settlement through court) and non-prosecution (settlement is done out of court). The motivation behind this examination is to find out how the exchange of land rights without a will and how the alternative settlement of land problems that occur on the land of the poor is ensured. The research technique used is normative juridical The exchange of land rights without ratification can be done through time intervals, where this technique does not require a statement as strong evidence, but the litigants in land disputes can show that they have developed or have given legal authority and has been dealing with soil properly for a long time. (twenty years) to 30 (thirty years) and Settlement of land problems that occur on land that have been guaranteed to be carried out through deliberation/thought, conciliation, mediation and arbitration. By regulation, land that does not have a will cannot be considered as the property of the person who controls it. Keywords : Land disputes; litigation; non-litigation","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440700","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 : 2023-01-31DOI: 10.30997/jill.v15i1.7933
None Rosadi, Endeh Suhartini, Agus Surachman
The problem that occurs is that there is a TUN Court decision which states that the authentic and strongest proof of ownership of land rights in the form of a certificate on land is canceled by a weak/underhanded proof of land ownership in the form of a letter of waiver of rights (SPH), the factor is related to BPN/Official The State Administration in issuing its products does not pay attention to AUPB / Good Gavernance then the next problem is the existence of obstacles in executing it by TUN officials and by the certificate owner by taking a silent attitude / not withdrawing the certificate which was canceled by the Court and blocking the land by the interference defendant to controlled by the plaintiff. The method used by the author uses normative legal research methods and data methods that use qualitatively the Bandung State Administrative Court decisions, etc. AUPB for TUN officials is a necessity in order to maintain the cancellation of certificates/decisions, this shows a lack of supervision to BPN TUN officials and lacks firmness in setting sanctions.
Keywords : Good governance; Freehold Title; PTUN
{"title":"PENERAPAN AZAS GOOD GOVERNANCE DALAM PEMBATALAN SERTIPIKAT HAK MILIK BERDASARKAN PUTUSAN PTUN NO: 68/G/2019/PTUN-BDG","authors":"None Rosadi, Endeh Suhartini, Agus Surachman","doi":"10.30997/jill.v15i1.7933","DOIUrl":"https://doi.org/10.30997/jill.v15i1.7933","url":null,"abstract":"The problem that occurs is that there is a TUN Court decision which states that the authentic and strongest proof of ownership of land rights in the form of a certificate on land is canceled by a weak/underhanded proof of land ownership in the form of a letter of waiver of rights (SPH), the factor is related to BPN/Official The State Administration in issuing its products does not pay attention to AUPB / Good Gavernance then the next problem is the existence of obstacles in executing it by TUN officials and by the certificate owner by taking a silent attitude / not withdrawing the certificate which was canceled by the Court and blocking the land by the interference defendant to controlled by the plaintiff. The method used by the author uses normative legal research methods and data methods that use qualitatively the Bandung State Administrative Court decisions, etc. AUPB for TUN officials is a necessity in order to maintain the cancellation of certificates/decisions, this shows a lack of supervision to BPN TUN officials and lacks firmness in setting sanctions.
 Keywords : Good governance; Freehold Title; PTUN","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440703","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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