Pelaksanaan Perjanjian Perseroan Terbatas Pertamina dengan Pengusaha Stasiun Pengisian Bahan Bakar Umum No.24.361.83 dalam Penyediaan Bahan Bakar Minyak

Article 33 paragraph (3) of the 1945 Constitution states that the earth, water, and natural resources contained therein are controlled by the state and used as much as possible for the prosperity of the people. Oil and natural gas are strategic and non-renewable natural resources. As natural resources contained in the Indonesian mining jurisdiction, the implementation of oil and natural gas business activities in Indonesia is fully carried out by the state. To realize the objectives of developing the oil and natural gas business, the government delegates authority to PT. Pertamina (Persero) as a State-Owned Enterprise (BUMN) to carry out activities that include the management of oil and natural gas mining, as well as its distribution to all corners of the country. The agreement between PT. Pertamina and the entrepreneur of SPBU No. 24.361.83 Broni regarding the management and distribution of fuel oil is made in writing and stated in a deed in the form of a Letter of Agreement for the Appointment and Management of Public Fuel Filling Stations (SPPPS) regarding the distribution of fuel oil. In reality, several things have emerged that have become problems experienced by SPBU No. 24.361.83 Broni, namely the problem in the distribution of fuel oil that is late for distribution. Another problem that arises is the loss due to the difference in the volume of fuel oil measurements so that the amount of fuel oil distributed by the Pertamina Depot to SPBU No. 24.361.83 Broni is different from the amount previously ordered and paid by the SPBU. The purpose of this study is to determine and analyze the implementation of the agreement, Pertamina Limited Liability Company (Persero) with the public fuel filling station No. 24.361.83 Broni Jambi in the provision of fuel oil, the obstacles faced and efforts to overcome the obstacles. The research method used in this study is the empirical juridical research type. The approach used in this study is socio-legal research. The results of the study indicate that the implementation of the cooperation agreement between the public fuel filling station (SPBU) No. 24.361.83 in Broni with PT. Pertamina has not been implemented properly. The obstacles faced during the agreement period between PT Pertamina (Persero) and SPBU No. 24.361.83 Broni, namely the delay in filling fuel oil at the Pertamina depot, the lack of oil received as ordered 5000 liters but only 3980 liters received

Kewenangan Pemerintah Kabupaten dalam Pengelolaan Hutan Mangrove

The government's authority in the field of forest conservation as stated in Article 27 paragraph (3) above is further emphasized in Law Number 14 of 1999 concerning Forestry, namely in Article 4. Meanwhile, the authority of the regional government regarding forest management is regulated in Law Number 41 of 1999 concerning Forestry in Articles 59 to 65. From Article 59 to Article 65 of Law Number 41 of 1999 concerning Forestry, the regional government also has authority in managing mangrove forests. The objectives of this study are 1) to determine and analyze the authority of the Regency government in managing Mangrove forests 2) to determine and analyze the Regency Government's Policy on mangrove forest management. This study uses normative legal research using the approach, legislation, conceptual approach), historical approach with an 8-month activity plan and the scope or object in this study regarding the authority of the district government in managing mangrove forests based on legal provisions related to legal issues, Collection of primary legal materials, secondary legal materials, and tertiary legal materials using a card system and supported by a computerization system via the internet. There are 3 data collection techniques, namely 1) inventory technique, 2) systematization technique, and 3) interpretation technique. Results: Mangrove damage caused by land conversion, from mangrove forests to settlements and trade, as well as illegal logging and uncontrolled utilization of resources by the surrounding community. The lack of maximum supervision of mangrove forests so that the local government takes a local government policy or the authority to control conversion in a top-down manner (firm policy) through socialization and providing incentives and disincentives for violators. As well as the policy of managing mangroves as coastal protectors so that the number of mangroves is maintained or even increased

Dugaan Pelanggaran Perilaku Anti Persaingan Perjanjian Tertutup Dari Industri Dalam Negeri (IDN) Pemohon Safeguards Measures

In this study, the author analyzes the alleged violations committed by the Domestic Industry (IDN) Applicant for Safeguards Measures in the KPPI report document, namely the closed tying in agreement. The problem formulation in this research is how the case study of the IDN's application for Safeguards Measures at KPPI is tested with the analysis of Law No. 5 of 1999, and what preventive measures are taken by IDN. The purpose of this research is to analyze the alleged violation of tying in agreement committed by IDN, the applicant for the Safeguards Measure. The approaches used in this research include conceptual, case, legislative, and empirical legal approaches. The result of this research indicates that the IDN applicant for Safeguards Measures is suspected of violating Article 15, paragraph 2 of Law Number 5 of 1999 by using the Per se illegal and rule of reason approaches. With the evidence from the study conducted by the KPPU together with the relevant parties of the Safeguards Measures applicants. The alleged violations committed by IDN resulted in anti-competitive behavior and hindered business competition. The Safeguards Measures policy can be obtained by IDN that does not violate the laws and regulations. Law enforcement serves as a preventive measure against violations of regulations in this study, with the compliance program initiated by the KPPU as an effort to prevent violations of Law Number 5 of 1999

Implikasi Dispensasi Kawin Sebagai Penyebab Tingginya Resiko Angka Perceraian Bagi Anak Akibat Perkawinan Paksa Berdasarkan Hak-Hak Perempuan

The purpose of this research is to analyze the impact of marriage dispensation on children and the legal recovery steps related to it. Marriage dispensation regulated in Article 7 paragraph (2) of Law No. 16 of 2019 triggers various problems, especially the increase in divorce rates and violations of women's rights. This policy is considered discriminatory because it opens up opportunities for forced marriages for girls who are not yet mature physically, mentally, or economically. This research uses normative juridical methods and a conceptual approach to analyze the impact of marriage dispensation and legal recovery measures. The results indicate the need for judicial review and legislative review to tighten regulations, prevent abuse, and protect the rights of children and women. This is expected to encourage the revision of legal norms to better align with the principles of justice and child protection

Tindak Pidana Merintangi Penyidikan oleh Advokat pada Perkara Tindak Pidana Korupsi

The profession of advocate or often known as a lawyer, attorney or legal advisor is a profession that is full of idealism because it holds a noble position (officium nobile) in fighting for justice and legal certainty and is able to provide free legal assistance to anyone who is unable to file a case. In the legal system, advocates have various functions, such as representing, accompanying, defending, and carrying out other legal actions on behalf of clients, as well as assisting the court in determining facts based on justice and exercising its authority. Advocates have rights and responsibilities in carrying out their duties. Complying with the Indonesian Advocate Code of Ethics and Law Number 18 of 2003 concerning Advocates is one of the rights and responsibilities of advocates. When defending a client, a lawyer must not violate applicable laws, moral standards, or the interests of others. However, in reality, some lawyers continue to engage in illicit activities, including criminal acts. obstructing the investigation in a corruption situation. The purpose of this study is to gather information. more in-depth about the criminal penalties imposed on advocates who obstruct investigations into alleged corruption, as well as the law enforcement procedures used to file charges against these individuals. The strategy used in this study is a case approach, while the method used is a type of normative legal research. Library data is the source of data in this study. The Corruption Court has conducted an examination process based on the findings of the investigation, and the District Attorney's Investigator in the jurisdiction where the legal event of obstruction of investigation occurred, has taken law enforcement actions against advocates who commit the crime of obstruction of investigation in corruption cases. The criminal provisions in Article 21 of Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption, are the basis for criminalization for advocates who commit acts of obstructing investigations into corruption

Pelindungan Hukum Ketenagakerjaan Atas Jaminan Keberlangsungan Bekerja terhadap Pekerja dengan Perjanjian Kerja Waktu Tertentu pada Perusahaan Alih Daya Ditinjau dari Teori Keadilan

Regulations governing worker rights safeguarding are enacted via Outsourcing as specified in Government Regulation Number 35 of 2021, a response to the worldwide economic climate. Outsourcing serves as a strategy by the government to tackle global economic challenges, enabling business owners to preserve the viability and continuity of their enterprises during the economic downturns experienced both within Indonesia and globally as a result of the Covid-19 pandemic. In practice, the implementation of internship programs often experiences various problems. Among them, Interns are often positioned as workers without getting the rights they deserve, such as decent wages, insurance, or career advancement opportunities, even internship participants have the potential to become or replace Outsourcing and/or Outsourcing workers. So that the use of Outsourcing is affected by termination of employment. The purpose of this study is to examinelegal protection in Government Regulation Number 35 of 2021 regarding the guarantee of the continuity of work for Fixed Time Work Agreement (PKWT) workers in outsourcing companies who are laid off, reviewed from the theory of justice and to examinethe occurrence of Termination of Employment of Fixed Time Work Agreement (PKWT) workers at PT. X as an outsourcing company. The methodology employed in this study is characterized by normative legal research, focusing on the examination of secondary or primary Legal Protection materials such as theories, legal concepts, principles, and regulations. The gathering of data was executed through bibliographic research and empirical research, deriving from secondary sources like interviews and observations. Subsequently, this data was subjected to qualitative analysis to derive the anticipated outcomes of the research. The examination of Legal Protection within Government Regulation Number 35 of 2021 concerning the assurance of work continuity for PKWT workers in Outsourcing firms, interpreted through the lens of justice theory, reveals that multiple PKWT Workers at PT. X were dismissed as their tasks were assigned to interns participating in a local internship scheme facilitated by the Employing Company for the Outsourcing Company. Observing the events that transpired, the researcher concludes that the safeguarding of job continuity stipulated in Government Regulation Number 35 of 2021 does not meet the criteria of fairness for PKWT Workers employed by the Outsourcing company

Implikasi Kekeliruan Substansi Permohonan Penetapan Pengadilan terhadap Kedudukan Hukum Anak Luar Kawin

This study analyzes the implications of substantive errors in court petitions regarding the recognition and legitimization of extramarital children, focusing on enhancing their legal status following the death of the biological father. Based on a case study of Pontianak District Court Determination No. 246/Pdt.P/2021/PN Ptk, it was found that inaccuracies in the substance of the petition can result in ambiguous legal determinations, particularly regarding the child’s status as a recognized but not fully legitimate child. This ambiguity impacts the civil rights of extramarital children, including inheritance rights from their biological father. This research employs doctrinal legal methodology with a descriptive-analytical approach through a literature review, aiming to comprehensively explain the court’s essential role in ensuring the completeness of petition substance from the initial stages, especially at Meja I (Desk I). The findings emphasize the importance of legitimizing extramarital children to secure a stronger legal status equivalent to legitimate children, ensuring the protection of civil rights and reducing the potential for future legal conflicts

Jaminan Kehilangan Pekerjaan terhadap Pekerja/Buruh Akibat Pemutusan Hubungan Kerja Sebagai Upaya Mewujudkan Keadilan

Post the enactment of the Job Creation Law, the Government has established Government Regulation Number 37 of 2021 concerning the Implementation of the Unemployment Insurance Program, which is one of the government's policies related to additional employment social security guarantees that are a derivative of the National Social Security System as regulated in Law Number 40 of 2004. However, this unemployment program has instead become a point of contention for stakeholders, particularly from the worker/labor group, who feel that the program does not provide benefits in terms of legal protection and fairness. Therefore, the researcher conducted a normative legal study on the principles of legal protection and justice contained in the articles of the regulation. This study uses a normative legal research method that is descriptively analytical. This research uses several approaches, namely: the statutory approach, the conceptual approach, and the comparative approach. (comparative approach). The focus of this research is to examine the principles of legal protection and the concept of justice in Government Regulation Number 37 of 2021. As a normative legal provision, this regulation needs to be reviewed again, evaluated, and supplemented with several articles or provisions that govern the implementation of the job loss guarantee program, so that it can uphold the principles of legal protection and justice, preventing this regulation from merely becoming an aspirational legal norm (ius constituendum) or a dead legal regulation/norm

Menakar Aktualisasi Hak Partisipasi Anak melalui Pelibatan Anak dalam Law-Making Process Mitigasi Iklim

Children’s right of participation legitimized in national and international instruments. It is giving children right be hear, to express their views and opinios in matters affecting them significantly, such as the climate crisis. However, exercising this rights still faces various obstacles. This study will describe an analysis of restrictions on children's participation as obstacles to fulfilling children's rights in the law-making process to assuring child involvement can be implemented. As a normative research, this study will examine legal literature materials. The finding shows that children's participation in the policy-making process is faced with the assumption of adults who use age and maturity as benchmarks. This is not in line with the meaning in the Convention on the Rights of the Child which has legally provided legal certainty for children to have the right to participate and make decisions without limiting them solely by age. The Convention only states that children are given the right to participate with a weight that is appropriate for the child. Therefore, policy makers should be able to provide a broader interpretation to children so that these restrictions do not become obstacles. It is necessary to take into account the perspectives of children and uphold the best interests of the child premise to achieve intergenerational equity as a whole

Perjanjian Nominee Antara Warga Negara Asing dengan Warga Negara Indonesia dalam Praktik Jual Beli Satuan Rumah Susun

The practice of nominee agreements in the sale and purchase of apartment units between foreign nationals (WNA) and Indonesian citizens (WNI) which is based on the limited ownership of apartment units by WNA. And then it becomes a significant legal issue because when viewed from the legal aspect, it is found that the Nominee Agreement does not meet the objective requirements for the validity of an agreement, which results in the agreement being null and void according to the provisions of the laws and regulations in force in Indonesia. This also has a serious impact and is detrimental to many related parties, and provides legal uncertainty for the parties involved. WNA are not recognized as legal owners, while WNI who are nominees are vulnerable to legal sanctions. Nominee agreements also conflict with the principle of land sovereignty. Unclear regulations and weak law enforcement also worsen the situation. The purpose of this study is to analyze and determine the legality of nominee agreements based on legal regulations in Indonesia, as well as the impact of ownership of apartment units for the parties. Thus, it is known that to overcome this problem, comprehensive legal reform is needed, including regulations that provide legal certainty for all parties in carrying out legal actions, especially agreements, so that they remain within the appropriate legal corridor, without setting aside the principle of freedom of contract