Inconsistency of Pancasila Cita (Law) for Natural Resources Management

This article aims to explain the legal study side of the existence of indications of inconsistency in the management of natural resources and the environment. The inconsistencies studied are between Pancasila as the ideal foundation and ground norm of the Indonesian nation as well as the ideals of the Indonesian nation's law, with the 1945 Constitution as a constitutional foundation as well as the rule of the game in the life of the nation and state, along with its organic laws. This article is a literature review. This article produces 3 arguments namely at the macro, micro, and socio-cultural level. On a macro scale, the spirit of "pro-environment" needs to be a mindset and attitude of policymakers, both in the executive and legislative branches, both at the national and regional levels. On the micro-scale, humans must take into account other values ​​besides technical and economic values. Socio-cultural, other values ​​in the context of natural resource management and the environment are basically the values ​​of local wisdom (local wisdom), which is the recipient of an intense interaction of the archipelago community of a plural and plural nature. Unfortunately, in some cases, precisely the value of local wisdom is often ignored in decision making

SINKRONISASI KEWENANGAN PENYELENGGARAAN URUSAN DI BIDANG KEHUTANAN

Though have taken place five year implementation the Act No. 22/1999 (improved by Act No. 32/2004), still be potential generate insist uncompromisingly or "spannungs" among central government and local, it caused by different perception in articulating authorities given by according to code. This research aim to conduct the synchronization of regulation in forestry sector In reality implementation of various authorities by Local Government still multi interpretation. Nothing uniform of legislation items among region or locally which is one with the other region. There no equality in making policy this matter is very depend on circumstance in each region or local government. The diffraction of interpretation occurred of concerning authorities among Province with the Regency or among Regency which is one with other; dissimilar in exploiting of forest resource, need the follow tai by M o U among stakeholder as existing by sense of responsibility with in management forestry resources. This M o U is expected will be express the role-sharing or role division by proportionally among stakeholder

THE EXECUTORIAL FORCE OF RULING OF ADMINISTRATIVE COURT AND THE IMPLICATIONS IN PRACTICE

This thesis entitled force executorial administrative court ruling and the implications in practice, discusses the mechanism of execution of the decision of the Administrative Court, the obstacles in the process of execution of the decision of the Administrative Court and the efforts that are made to the administrative court ruling that is not carried by the official / TUN Agency . This type of research is normative and assisted legal research / materials reinforced with empirical law in order to simplify and refine the analysis . The approach used is legislation approach , conceptual approach , approach cases , comparative approach . So that research results can be drawn that the mechanism of execution of court decisions TUN namely : Decision inkracht , after 60 working days the defendant did not perform its obligations , the decision has no legal force again and turns 90 working days of the obligation is not performed , the plaintiff filed a petition to the President of the Court order the court ordered defendant to implement the decision of the court , the defendant is not willing to implement the decision inkracht forceful measures imposed in the form of payment of a sum of money and forced or administrative sanctions and announced in local print media by him, since non-compliance of the court and the chairman shall submit to the President as the highest authority for TUN ordered officials to implement the court’s decision . So there was a bottleneck in the execution of the ruling Justice TUN namely : Verdict Amar , execution barriers TUN official verdict is due to the position of Regional Chief Political Officer , execution barriers TUN official verdict caused the accused are officials who received the delegation of authority false , barriers of understanding TUN officials the State ‘s theory of law and AAUPB , technical barriers , barriers juridical ; Barriers related to legal principles , barriers in terms of the limited authority of judges , Barriers due to changes in the system of regional autonomy , Barriers due to noncompliance TUN officials and effort to do the administrative court ruling are not carried by the official / TUN Agency as criminal Attempts by the police to file a criminal report with the basic law 216 of the Criminal Code and civil efforts filed a lawsuit in state court using Article 1365 of the Civil Code as the basis for a lawsuit .Keywords : executorial power , Mechanisms , Barriers and Efforts

Reconstruction of Cigarettes Taxes Setting of Republic of Indonesia Law Number 28 of 2009 on Regional Tax and Regional Levies

The purpose of this dissertation research is to understand and analyze the occurrence of inconsistencies and disharmonies oflegal arrangements on cigarette tax in Act No. 28 Year 2009 on Regional Taxes and Regional Levies, to find and formulate alternative cigarette taxes arrangements which are ideal in accordance with the principles of justice, the principle of expediency, and the principle of legal certainty. Conclusion of this research is inconsistency and disharmonies of legal arrangements and law of cigarette taxes on Law Number 28 Year 2009 on Regional Taxes and Regional Levies occurs because the legislators equate between the local tax and surcharge; the nature of cigarette taxes which is objective has not been consistently functioned towardscigarettes taxation, budgetair or regulerendfunctions, and less precise use of the cigarette taxes. Reconstruction of legal arrangements and lawon cigarette taxes is assessed on the principle of justice: the distribution division of cigarette tax revenue based on the number of real results of cigarette tax on each of the province and district or city. Reconstruction of legal arrangement and laws on cigarette taxes is assessed on the principle of expediency: the necessary separation of the source of funding for public health services for affected disease due to the effects of secondhand smoke and reconstruction of cigarette tax settings is assessed on the principle of legal certainty, changes to the provisions of Article 1 point 19 and Article 27 of Law No. 28 year 2009 on Regional Taxes and Regional Levies. Recommendation of this study is that The government needs to affirm the direction regulerend function in cigarette tax collection by increasing the number of cigarette tax rates. The House of Representatives and the Government needs to amend the provisions of Article 1 point 19 and Article 27 of the Law No. 28 Year 2009 on Regional Taxes and Levies. The provincial government, district, or municipality should establish Pulmonary Medicine Center that specializes in serving the citizens who are affected by disease due to the impact of cigarette smoke, so cigarette tax revenue allocation looks real. Keywords: Reconstruction, Cigarette Taxe

STRENGTHENING THE POSITION AND FUNCTION OF THE JUDICIAL COMMISSION IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA

This paper aims to analyze the position of the Judicial Commission in the constitutional system according to the Constitution of the Republic of Indonesia from 1945. This research is normative, legal research, with historical and philosophical approaches. The research results showed that the position of the Judicial Commission in the Indonesian constitutional system is a state institution that has the same position as other high institutions. The existence of the Judicial Commission in the judicial authority system is an auxiliary and supporting body that promotes the implementation of the judicial power to uphold the law and justice carried out by the Judicial Commission and the Supreme Court. Thus, the Judicial Commission is not an institution that runs judicial power, but a state institution that assists the implementation of judicial power by the Supreme Court and the Constitutional Court of Indonesia. &nbsp

KETENTUAN PENGGUNAAN BUKTI TERTULIS DALAM PENGUASAAN DAN KEPEMILIKAN HAK ATAS TANAH UNTUK MENJAMIN KEPASTIAN HUKUM PADA PUTUSAN PENGADILAN TINGGI MATARAM NOMOR 33/PDT/2021/PT.MTR

Penelitian ini bertujuan menganalisis Penggunaan Bukti Tertulis dalam kepemilikan hak atas tanah untuk Menjamin Kepastian Hukum pada Putusan PT Mataram No. 33/Pdt/2021/Pt.Mtr. Hal ini dikarenakan penggunaan Bukti Tertulis sangatlah penting, sebagai alat bukti dalam pembuktian hukum perdata. Penelitian ini merupakan penelitian normatif dengan pendekatan yaitu Pendekatan Historis, Perundang-undangan, Konseptual, dan Pendekatan Kasus. Hasil penelitian disimpulkan bahwa penggunaan alat bukti berupa: surat/alat bukti tulisan, 8 dari Penggugat dan 15 dari Tergugat VII. Penggunaan Alat Bukti Saksi, 2 saksi dari Penggugat dan 3 Saksi dari Tergugat VII. Bukti Pengakuan bahwa Penggugat (Ahli Waris) mengakui Tanah Obyek Sengketa milik Amaq Dinah yang sah dan Tergugat VII mengakui bahwa Tanah tersebut milik Tergugat VII karena memilki sertifikat dengan alas hak jual beli dari DJM Sembara. Bukti persangkaan bahwa Tergugat I, II, III, IV, V, dan VI ikut menempati Tanah Amaq Dinah dengan akad meminjam untuk tinggal, sementara Tergugat VII enggan untuk membangun komunikasi dan mempertanyakan sertifikat yang dimilikinya kepada Penggugat. Tergugat Menyangkal bahwa Tidak ada kewajiban untuk persoalan itu karena tanah itu miliknya didapati dengan sah secara hukum, selalu menerima siapapun yang datang mempertanyakan keberadaannya. Bukti tambahan: pemeriksaan setempat yang dilakukan oleh Hakim PN Mataram dan Saksi Ahli yang dihadirkan oleh Para penggugat

Completion of Dispute Election Selection of the Simultaneous Village Head in West Lombok District based on Regent Regulation Number 26 of 2018 Concerning Selection of the Village Head

The aim of this research is to find out the causes of disputes in the simultaneous village head election in West Lombok Regency, and to find out how the village head Election Dispute Settlement Procedures in West Lombok Regency are resolved. This research uses empirical normative legal research methods, namely research conducted by examining legal materials. The approach method used in this research is a juridical approach or statutory approach, conceptual approach, Case Approach, and Social Legal Approach. The collection of data and legal materials is done by means of literature study, and field studies through interviews, namely visiting respondents and informants. Qualitative analysis is done in a deductive way by drawing a conclusion from general to specific data to get clarity on the truth so as to obtain a clear picture of the problem under study. The results of the study showed that the causes of disputes over village head elections in West Lombok Regency were: 1) The lack of professionalism of the committee at the village level; 2) Multiple Permanent Voter Lists ; 3) Money Politics. While the procedures for resolving village head election disputes in West Lombok regency in 2018 simultaneous elections which were participated in by 77 (seventy) Villages and 8 (eight) Districts were conducted through: 1) Village level mediation; 2) District Level Mediation; 3) Meidation of Regency Levels; 4) Dispute Resolution Team

Eksistensi Peraturan Daerah Kota Mataram Nomor 10 Tahun 2015 tentang Pedagang Kaki Lima dalam Meningkatkan Potensi Pajak dan Retribusi Daerah

The purpose of this study is to determine the existence of Mataram City Regional Regulation No. 10/2015 concerning Street Vendors (PKL) in increasing the potential for regional taxes and fees on the PKL sector in the regional government of Mataram city and the impact after the Street Vendors Sector (PKL) was designated as a Potential Regional Tax and Retribution in the Regional Government of Mataram City. The research method used in this research is Normative Law research method. While the technique of collecting legal materials in this study is to use library research. The results of this study are the existence of Mataram City Regional Regulation No. 10/2015 concerning Street Vendors cannot be used as a legal basis as a legal umbrella in determining the Street Vendors (PKL) sector as a potential Regional Tax and Retribution in the City of Mataram, because materially there is no article or paragraph material in it which mentions and discusses matters meant. This legal basis is absolutely necessary as a basis for street vendors to become potential regional taxes and levies for the city of Mataram. There are three impacts that arise after the street vendors sector is designated as a potential Regional Tax and Retribution. The first is against street vendors (PKL). Next to Non-PKL Traders. Then to the Government and Society

TINJAUAN TERHADAP PERTIMBANGAN HUKUM DALAM PEMBATALAN KEWENANGAN MENTERI DAN GUBERNUR DI DAERAH BERKAITAN DENGAN EXECUTIVE REVIEW PADA PUTUSAN NO. 137/PUU-XIII/2015 DAN NO. 56/PUU-XIV/2016

Penelitian Penyanyi mencoba untuk meninjau menganalisa Pertimbangan hukum Mahkamah Konstitusi hati Putusan Nomor 137 / PUU-XIII / 2015 Dan Putusan Nomor 56 / PUU-XIV / 2016 Yang memperbolehkan otoritas Pemerintah Pusat Berlangganan Mendukung Perda melalui MEKANISME mempertanyakan penasihat hukum yang tertuang di hati Artikel 251 UU No. 23 Tahun 2014 Tentang Pemerintahan Daerah. Penelitian ini merupakan penelitian hukum normatif. Menggunakan metode persetujuan-undangan, membahas konseptual, dan mengakses kasus. Teknik pengambilan bahan dilakukan dengan cara melakukan riset perpustakaan.Berdasarkan hasil penelitian yang dapat didasarkan pada pertimbangan hukum dalam Putusan MK No. 137 / PUU-XIII / 2015 dan No. 56 / PUU-XIV / 2016 telah dilakukan Ulasan Eksekutif terhadap Perda yang dilakukan Eksekutif terhadap Perda dengan tinjauan Eksekutif terhadap Perkada

THE EXECUTORIAL FORCE OF RULING OF ADMINISTRATIVE COURT AND THE IMPLICATIONS IN PRACTICE

This thesis entitled force executorial administrative court ruling and the implications in practice, discusses the mechanism of execution of the decision of the Administrative Court, the obstacles in the process of execution of the decision of the Administrative Court and the efforts that are made to the administrative court ruling that is not carried by the official / TUN Agency . This type of research is normative and assisted legal research / materials reinforced with empirical law in order to simplify and refine the analysis . The approach used is legislation approach , conceptual approach , approach cases , comparative approach . So that research results can be drawn that the mechanism of execution of court decisions TUN namely : Decision inkracht , after 60 working days the defendant did not perform its obligations , the decision has no legal force again and turns 90 working days of the obligation is not performed , the plaintiff filed a petition to the President of the Court order the court ordered defendant to implement the decision of the court , the defendant is not willing to implement the decision inkracht forceful measures imposed in the form of payment of a sum of money and forced or administrative sanctions and announced in local print media by him, since non-compliance of the court and the chairman shall submit to the President as the highest authority for TUN ordered officials to implement the court’s decision . So there was a bottleneck in the execution of the ruling Justice TUN namely : Verdict Amar , execution barriers TUN official verdict is due to the position of Regional Chief Political Officer , execution barriers TUN official verdict caused the accused are officials who received the delegation of authority false , barriers of understanding TUN officials the State ‘s theory of law and AAUPB , technical barriers , barriers juridical ; Barriers related to legal principles , barriers in terms of the limited authority of judges , Barriers due to changes in the system of regional autonomy , Barriers due to noncompliance TUN officials and effort to do the administrative court ruling are not carried by the official / TUN Agency as criminal Attempts by the police to file a criminal report with the basic law 216 of the Criminal Code and civil efforts filed a lawsuit in state court using Article 1365 of the Civil Code as the basis for a lawsuit .Keywords : executorial power , Mechanisms , Barriers and Efforts