Legal Politics of Direct Investments Having Justice and Achieving Prosperity for Society

One way for people to not lose their land and the investors can use the land, can be done by leasing. The UUPA has stipulated the existence of lease rights for buildings, but there are no laws and regulations governing the period of leasing, so that there is often misuse of the lease period which can disadvantage the landowners. Related to that, there are problems, namely: how should the policy of land law in the field of investment be directed to be able to accommodate the interests of society and investors? This study uses the theory of Justice and State of Welfare, the research method uses a legislative approach, historical approach and analytical approach, the source of legal material in the form of primary, secondary and tertiary legal materials. Conclusion: The state must be present to protect the interests of the people, because usually the people are in a weaker position than the owners of capital pemilik modal. Suggestion: The President and the House of Representatives must make laws and regulations governing the object, time period and lease sanctions. Keywords: Land, Leasing, Society, Investor.

Notary Role in The Development of Tourism Industry: An Analysis of Business Licensing Policies

The issuance of Law No. 11 of 2020 on Job Creation with its implementing regulations has marked a new era in the business licensing process in Indonesia since the introduction of the Online Single Submission system in 2018. These new licensing policies offer a more simplified licensing process and requirements that are designated to be applicable for every business sector in its establishment process, including the tourism sector as one of the nation’s biggest economic contributors. To obtain such benefits, tourism business players shall provide clear business information during the process of business registration in the licensing system and such information shall be provided under authentic corporate deeds that are made by a notary. This paper uses desk study research with a normative approach in analyzing the laws on licensing process, tourism sector, corporate matters, and notarial works that are prevails in Indonesia. This paper is not only elaborating on the business licensing process since the enactment of Law No. 11 of 2020 on Job Creation but it also analyses the relationship between the business licensing process and the notary’s responsibility as a public officer who is authorized by the law to draw authentic deeds. By understanding that relation, the correlation between the notary’s role and the development of the national tourism business, especially at the regional level could be identified. Thus, one of the efforts in developing tourism business across Indonesia is realized through notaries’ capability in understanding tourism business and its relevant legal knowledge together with an equal notary distribution in tourism destination areas

THE PRINCIPLE OF THE BEST INTERESTS IMPLEMENTATION OF THE CHILD IN A DECISION TO CANCEL A CHILD'S BIRTH CERTIFICATE

This research aims to provide an understanding of the determination to cancel a child's birth certificate that can potentially violate children's human rights. So that the role of judges as a judicial institution is needed to protect children's rights as it should. Marriage registration is merely an administrative action and does not affect the validity of the marriage. Errors in marriage registration should not necessarily affect the status of the child's position. Because after all, birth certificates are issued by the state to protect and provide legal certainty over the child's status. This research used a typology of research with a prescriptive form and then normative juridical research methods with secondary data derived from laws and regulations relating to child protection. In conclusion, legal action to cancel a child's birth certificate due to legal defects in a marriage can be said to be an action that is contrary to the principle of the best interests of the child, therefore it is fitting that the application for annulment of a child's birth certificate be properly considered by the panel of judges who act as an extension of the state in the judicial field

KONSEP CYBER NOTARY DALAM PELAKSANAAN LELANG : PEMAKNAAN DAN IMPLEMENTASI

Sudah lama konsep cyber notary dikenal di Indonesia. Namun, sampai sekarang belum ada pengaturan yang jelas mengenai penerapannya. Sehingga menarik untuk dibahas tentang pemaknaan dan implementasi konsep cyber notary dalam pelaksanaan lelang. Penelitian menggunakan metode penelitian hukum normatif. Dengan menggunakan pendekatan perundang-undangan (statute approach) dan pendekatan konsep (conceptual approach) dengan cara analisis bahan secara deskriptif-analisis. Hasil penelitian ini, pemaknaan konsep cyber notary di indonesia yakni konsep cyber notary ini yang dilakukan secara elektronik adalah transaksinya, dan bukan kewenangan untuk mensertifikasinya. Implementasi konsep cyber notary dalam pelaksanaan lelang yakni proses pelaksanaan lelang melalui internet, yang merupakan implementasi dari penyelenggaraan transaksi dalam lingkup hukum publik. Dalam hal ini Pejabat Lelang Kelas I akan membuat sebuah risalah lelang dari proses pelaksanaan lelang melalui internet yang memuat rincian peristiwa, selanjutnya dibuat dalam bentuk akta autentik, yaitu akta risalah lelang, dimana kewenangan untuk membuat akta autentik itu sendiri dimiliki oleh notaris sebagaimana termuat dalam Pasal 1 ayat 1 dan Pasal 15 UUJN.Kata kunci: Cyber Notary, lelang, Notaris

The Relationship between Land Law, Investment and Environment Post Job Creation Law

The purpose of this research is to find out the relationship between land law, investment and the environment after the existence of the Job Creation Law. The research method used is a normative research method, using a statutory approach related to issues of land law, investment and sustainable environment after Law Number 11 of 2020 concerning Job Creation. The data sources used are primary and secondary data. Data collection through library research and research, then analyzed qualitatively. The results of the study show that Indonesia is a country that asserts itself as an agricultural country that places land in a very important position. This is expressly stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which is spelled out in Law no. 5 of 1960 (UUPA) concerning Basic Agrarian Regulations. The BAL does not provide a clear definition of land law, but legal experts (land) agree to provide an understanding of the meaning of law, namely land law is the field of law that regulates land tenure rights. Land law has a very close relationship with environmental law. In investing, investors are required to maintain environmental sustainability in Indonesia. Every investor, especially foreign investors, is given the right to use land rights in Indonesia, including building use rights (HGB), business use rights (HGU) and usage rights (HP). The Constitutional Court's ruling, especially regarding land clusters, suggests that several land policies should be suspended in the hope that the government will immediately improve the Job Creation Law (Law Number 11 of 2020). The Job Creation Law has a very broad impact on various sectors such as research and innovation, land, government administration and the environment, the agricultural and forestry sectors are no exception

Pembatalan Rencana Perkawinan Oleh Satu Pihak Yang Menimbulkan Kerugian

The annulment of a marriage plan can be filed as the basis for a tort lawsuit if there is an action by one of the parties that cause losses, both materially and immaterially. The party that causes the loss is given the obligation to make payments to the injured party. The research method in this writing uses Normative Juridical research or legal material collection techniques with library research. The legal sources used are primary, secondary, and tertiary legal sources. The qualitative research on unlawful acts of the cancellation of the marriage plan and the provision of compensation by the bride who cancelled plan. to compensate the prospective groom in actual compensation and compensation related to mental stress. The act of annulment of the marriage fulfils the elements of Article 1365 of the Civil Code, where the act is a tort contrary to written law and can also be unwritten law which violates the subjective rights of others so that the prospective bride violates the norms of decency and propriety in society and the losses incurred in real terms by the prospective groom for the preparation of the marriage must be replaced by the prospective bride who annuls the marriage

Implementation of the Principle of Business Judgement Rule Doctrine to State-Owned Companies as an Effort to Protect Directors in Good Faith

The Business Judgement Rule is a doctrine that protects Directors in good faith for the Company's losses. The point is that as long as the Board of Directors acts in good faith and solely for the Company's benefit. However, it turns out that the Company still suffers losses. It does not necessarily become the burden of the Board of Directors personal responsibility. Therefore, the Board of Directors cannot be held responsible for the Company's losses if the Board of Directors, in carrying out actions, has fulfilled all its obligations with the principles of good corporate Governance (GCG). If all GCG obligations and principles have been fulfilled, the Board of Directors is categorized as having good faith and cannot be declared wrong. The results of the author's study, in the context of the Business Judgment Rule Doctrine, the losses incurred are normal or reasonable business losses, and therefore the Company is responsible. And no one can be punished if there is no mistake. With the background of the Constitutional Court Decision Number 01/PHPUPres/XVII/2019 (Constitutional Court Decision 01) and two Supreme Court Decisions, the author tries to examine in more detail related to Decision No. 3849/K/Pid.Sus/2019 dated December 2, 2019, on behalf of Defendant Frederick ST Siahaan (former Finance Director of Pertamina) / (Supreme Court Decision 3849) and Decision No. 121K/Pid.Sus/2020 dated March 9, 2020, on behalf of Defendant Karen Agustiawan (former President Director of Pertamina)

The Meaning of the Phrase “Temporary Absent” Performing His Position as a Notary

This paper analyses the meaning of the phrase of being temporary unable to carry out his position as a Notary. The focus of the study in this paper is regarding the phrase unable to carry out his position as a notary as referred to in Article 1 point 3 UUJN jo. UUJN-P. The method used is a normative legal writing method, using a statutory approach, a case approach, and a conceptual approach that is also supported by a factual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty and the theory of hermeneutics. These two theories are used because this paper aims to analyse clearly the meaning of the phrase unable to carry out his position as a notary, so that it does not cause multiple interpretations. The legal materials used are primary legal materials in the form of legislation related to the Notary Position, which is complemented by secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it can be found that the meaning of the phrase temporary absent can be interpreted as a form of leave granted by UUJN and UUJN-P with a maximum of 12 years, except for a notary who is appointed as a state official. Serving as a state official, and should not be interpreted as a temporary dismissal. The purpose of this analysis is to provide legal certainty over the meaning of the phrase unable to carry out his position as a notary.

Land Tenure of Small Islands and Coastal Areas in Economic and Defense Aspects

The question of the purpose of statehood hovers again to collect the pledges of the development actors. The goal to become a nation-state that provides a place and humane and proper way of life is still harassing residents of coastal areas and small islands as part of the natural resources bestowed by The One Almighty God to the Indonesian people. Coastal areas and outer small islands are national assets controlled by the state and need to be preserved and utilized as much as possible for the prosperity of the people, both for present and future generations and for the interests of defense and security. related to the threat of remote island tenure which by certain elements were transferred to the land tenure rights that should belong to the village customary land, but there was a process of transferring rights which were then held by foreigners with the argument related to economic issues that were less supportive in the area by nominee or by road rent that threatens the stability of national defense

The Issue of Single Apartment for Foreigners in Indonesia

The purpose of this study is to analyze the land rights over apartment units related to the right to ownership of apartments that can now be owned by foreign nationals. Ownership of land rights over flats does not fully adhere to the horizontal principle as stated in the UUPA. Because these rights can be owned by all ownership rights over flats. Flats can be given to anyone who qualifies as a land rights holder. The research shows that there are now many foreign nationals and foreign legal entities who own flats (apartments) in Indonesia. Both for business, investment and residential purposes. However, all actions of ownership of Sarusun, foreign citizens must still refer to the rules of law for foreign countries, as well as foreign legal entities. The ownership rules must still pay attention to the provisions of Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), Act No. 2 of 2011 concerning Flats, Act No. 11 of 2011 concerning Job Creation Rights, Government Regulation Number 18 of 2021 concerning Management Rights, Land Ownership Rights, Building Rights, Flat Units, and Land Registration as well as several other rules that are currently in effect