STATUS OF VILLAGE-OWNED LAND TRANSFER INTO THE DISTRICT GOVERNMENT ASSETS IN KINTAMANI BANGLI BALI

The objective of the study is to determine the legal status, and factors inhibiting the transferof the villaged-owned land into the asset status of the Local Government in the sub-district ofKintamani Bangli Bali. This research employs empirical research method. The result of thestudy: the legal status of village-owned land transfer into local government assets based on the regulation for the village-owned land. The legal status of land comes from the customary law, while the land transfer regulation relates the state’s right to control the land for the purpose of public interest. The process of the village-owned land transfer into government assets seems to be based on the right to control the land for the purpose of public interest and the regional autonomy administration and decentralization.The provisions described in Article 2 paragraph (4) of Agrarian Law states that the state’s right to control can be delegated to the region and the customary community as required and is not in contradiction with the national interest, in accordance with the Government Regulation. The regulation serves as the basis for customary land administration. The factor hampering the transfer of village-owned land is the absence of legal product for land transfer and in this case is the absence of regional regulation. The external factor is that the land is the primary option for tourism development thus the legal certainty for its transfer has yet to exist..Keywords: Legal Status, Village-owned Land , & Local Government Asset

Politik Hukum Agraria Pada Tanah Ulayat

The responsive character of Law Number 5 of 1960 concerning Basic Regulations on the Principles of Agrarian Law is reflected in the norms contained in Article 5. The politics of agrarian law on customary land also refers to Article 18B paragraph (2) of the 1945 Constitution which emphasizes: "The state recognizes and respect indigenous peoples and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as regulated in law ". The above constitutional guarantees can then be traced in the UUPA, particularly in Article 5 of the UUPA which states that national agrarian law is based on customary law. This means that the legal strength of land rights for customary communities is highly guaranteed in Indonesia's positive law. That the control of ulayat / customary land is not regulated in writing but it is felt in the mind of each member of the customary law community, besides that the customary law community has historically been founded in philosophy before the birth of the Indonesian State

STATUS OF VILLAGE-OWNED LAND TRANSFER INTO THE DISTRICT GOVERNMENT ASSETS IN KINTAMANI BANGLI BALI

The objective of the study is to determine the legal status, and factors inhibiting the transferof the villaged-owned land into the asset status of the Local Government in the sub-district ofKintamani Bangli Bali. This research employs empirical research method. The result of thestudy: the legal status of village-owned land transfer into local government assets based on the regulation for the village-owned land. The legal status of land comes from the customary law, while the land transfer regulation relates the state’s right to control the land for the purpose of public interest. The process of the village-owned land transfer into government assets seems to be based on the right to control the land for the purpose of public interest and the regional autonomy administration and decentralization.The provisions described in Article 2 paragraph (4) of Agrarian Law states that the state’s right to control can be delegated to the region and the customary community as required and is not in contradiction with the national interest, in accordance with the Government Regulation. The regulation serves as the basis for customary land administration. The factor hampering the transfer of village-owned land is the absence of legal product for land transfer and in this case is the absence of regional regulation. The external factor is that the land is the primary option for tourism development thus the legal certainty for its transfer has yet to exist..Keywords: Legal Status, Village-owned Land , & Local Government Asset

The Fulfilling Right to Education for Rohingya Refugee Children in Indonesia

The results of data collection conducted by the United Nations for Refugee Affairs (UNHCR) revealed that out of a total of 1,001 Rohingya ethnic refugees from Myanmar scattered in several refugee camps in Aceh, Indonesia, there were 374 child refugees, of whom were children without pa the principle of universality of human rights states that all humans have the same rights without discrimination, including the granting of the right to education to children of asylum seekers in transit countries. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. The research results show, the Fulfilling Right to Education for Rohingya Refugee Children in Indonesia, based on Law no. 39 of 1999 concerning Human Rights which has standards from the Universal Declaration of Human Rights, while for the protection of refugee children it is confirmed by Law No. 35 of 2014 concerning Child Protection which is the signing and ratification of Covention on the Right of the Child and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad which specifically regulates refugees, ratifying the Convention on the Rights of the Child into Decisions President Number 26 of 1990, then Indonesia has directly agreed to the entire contents of the convention in all actions against children in Indonesia such as the state's obligation to protect children who are within its jurisdiction. The provisions of Government Regulation no. 78 of 2021 concerning Special Protection for Children, in Article 6. Indonesia Ministry of Education and Culture Circular Letter No. 752553/A.A4/HK/2019 concerning Fulfillment of the Right to Education for Children of Foreign Refugees, has opened the way for school-age children of foreign refugees to pursue formal education in educational institutions. The policy of the Indonesian government to fulfill the right to education for the children of overseas refugees should be appreciated. This is because Indonesia has not ratified the 1951 Convention on the Status of Refugees.    

The Comparative Law on the Distribution of Power in the 1945 Constitution of the Republic of Indonesia and the Constitution of the Republic Timor Leste

The research purposes is to explain the comparison of the legal division of powers in the constitution in the 1945 Constitution of the Republic of Indonesia and in the Constitution of the Republic Democratic Timor Leste. The division of powers within a country, both in Indonesia and in Timor Leste, are stipulates in a constitution, in this case a state that protects and guarantees the implementation of human rights and other civil rights and limits its powers in a balanced manner between the interests of state administrators and their citizens. The research method used in this study was normative legal research. In addition, this research also applied comparative legal research method is a research methodology carried out by comparing one legal system to another, an activity in which experts compare the positive legal system of a nation to that of other nations. In this case, legal comparison of Indonesia and Timor Leste. The novelty of this research is to examine and analyze comparative law on the distribution of power in the constitutions of Indonesia and Timor Leste, it can be explained that there is a difference in the division of power. In Indonesia there is constitutive power, executive power, legislative power, judicial power, examining/inspective power, and monetary power, while in Timor Leste it is based on the constitution of the Democratic Republic of Timor Leste division of power consisting of the power of the president, the power of the national parliament, the power of the government and the power of the court

The Fulfilling Right to Education for Rohingya Refugee Children in Indonesia

The results of data collection conducted by the United Nations for Refugee Affairs (UNHCR) revealed that out of a total of 1,001 Rohingya ethnic refugees from Myanmar scattered in several refugee camps in Aceh, Indonesia, there were 374 child refugees, of whom were children without pa the principle of universality of human rights states that all humans have the same rights without discrimination, including the granting of the right to education to children of asylum seekers in transit countries. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. The research results show, the Fulfilling Right to Education for Rohingya Refugee Children in Indonesia, based on Law no. 39 of 1999 concerning Human Rights which has standards from the Universal Declaration of Human Rights, while for the protection of refugee children it is confirmed by Law No. 35 of 2014 concerning Child Protection which is the signing and ratification of Covention on the Right of the Child and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad which specifically regulates refugees, ratifying the Convention on the Rights of the Child into Decisions President Number 26 of 1990, then Indonesia has directly agreed to the entire contents of the convention in all actions against children in Indonesia such as the state's obligation to protect children who are within its jurisdiction. The provisions of Government Regulation no. 78 of 2021 concerning Special Protection for Children, in Article 6. Indonesia Ministry of Education and Culture Circular Letter No. 752553/A.A4/HK/2019 concerning Fulfillment of the Right to Education for Children of Foreign Refugees, has opened the way for school-age children of foreign refugees to pursue formal education in educational institutions. The policy of the Indonesian government to fulfill the right to education for the children of overseas refugees should be appreciated. This is because Indonesia has not ratified the 1951 Convention on the Status of Refugees.    

The Rule Identification Urgency Solution (RIUS) Method in Preparation of Regional Regulation Academic Manuscripts

The purpose of this research was conducted to offer a new method in the preparation of academic texts on laws and regulations. Academic Manuscripts contain the results of research regarding the contents of the content or proposals submitted to be regulated in a provision of statutory regulations and or regional regulations. Provisions related to the preparation of academic manuscripts have been regulated in laws and regulations, but a special method is needed in preparing academic manuscripts so that they are in accordance with the needs of the community. In this study using normative legal research methods. The findings in this study are that there is a novelty method that can be used in the preparation of academic manuscripts, namely the Rule Identification Urgency Solution (RIUS). With the RIUS method, an academic text can be used as a basis or basis for argumentation in the formation of laws and regulations or regional regulations. In conclusion, the RIUS method is a method that can analyze the rule of law, identify problems, the urgency of why these regulations are needed, and the solutions that can be provided. The RIUS method was first applied by researchers in preparing academic texts for regional regulations in the Badung Regency Government and Jembrana Regency Government, in this case researchers as experts in preparing academic manuscripts. Suggestions that can be given are that in the preparation of academic papers it is best to focus on analyzing what problems occur in society so that a regulation is needed

ERA MASYARAKAT EKONOMI ASEAN PADA PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL

ABSTRAK Pemahaman hak milik yang terkandung di dalam Hak Kekayaan Intelektual adalah hak milik dalam ruang lingkup ilmu pengetahuan, seni, sastra dan teknologi juga termasuk desain dan informasi yang berawal dari suatu ide. Ini berarti perlindungan diberikan kepada kemampuan intelektual yang dicurahkan dari bentuk ide, gagasan ke dalam bentuk nyata, baik baru (orisinil) maupun pengembangan lebih lanjut yang dapat dilihat, dinikmati, didengar, dirasakan, dibaca dan lain lain. Barang dan jasa dari seluruh negara anggota Asean ditambah China, Jepang, dan Korea Selatan akan lebih bebas untuk masuk ke Indonesia, begitu juga sebaliknya ekspor barang dan jasa Indonesia ke negara-negara tersebut lebih bebas, serta risakan akan tiruan dan nama merek yang sama di Indonesia. Dalam era masyarakat ekonomi Asean (MEA), Hak Kekayaan Intelektual merupakan faktor penting dalam menciptakan sistem perdagangan bebas yang adil, dimana masalah tersebut sangat memegang peranan penting, terutama untuk melindungi khalayak ramai terhadap tiruan atau pemalsuan barang-barang dan jasa yang membonceng suatu barang atau jasa yang sudah terkenal sebagai barang dan jasa yang bermutu baik dan unggul. Kasus-kasus pelanggaran Hak Kekayaan Intelektual dapat berupa kasus perdata yaitu tuntutan ganti rugi atas peniruan. Kata Kunci :Hak Kekayaan Intelektual, Masyarakat Ekonomi Asean ABSTRACT The understanding of property rights contained in intellectual property rights is the property rights within the scope of science, art, literature and technology as well as design and information originating from an idea. This means that protection is given to the intellectual capabilities devoted from the form of ideas, concepts into real form, both new (original) and further developments that can be seen, enjoyed, heard, perceived, read and so forth. Goods and services from all the countries of Asean members plus China, Japan and South Korea will be freer to enter Indonesia, whereas Indonesian exports of goods and services to these countries are more free, as well as the urgency of duplication and same brand names in Indonesia. In Asean Economic Community (MEA) era, Intellectual Property Rights is an important factor in creating a fair free trade system, where the problem plays an important role, especially to protect the public against the imitation or forgery of goods and services bearing the names of goods or services that are well known as the goods and services having good quality and superior. The infringement cases of Intellectual Property Rights may be in the form of civil cases of compensation claim for the imitation. Keywords: Intellectual Property Rights, Asean Economic Communit

The nature of customary land concession in the customary law society

The customary land concession in the customary law community was based on Article 18 letter B section (2) the 1945 Constitution of the Republic of Indonesia & Constitution No. 5 of 1960 concerning Basic Rules of Agrarian Principles (Peraturan Dasar Pokok-Pokok Agraria or UUPA). UUPA is the legal basis for regulating customary land concession in customary law communities, however, there is a blurring of norms in the ATR Minister Regulation / Head of BPN No.18 / 2019 Article 1 number 2 stated customary rights is communal. After tracing it in the UUPA it does not recognize communal rights but is called customary rights, as stated in Article 3 of the UUPA relating to customary rights. This means that there are vague norms. Whereas in principle is based on Article 16 of the UUPA letter h, that is, other rights that are not included in the rights mentioned in UUPA will be determined by the constitution. The mention of communal rights is not mentioned in the UUPA, then by order of the UUPA it should be determined by constitution, but the reality that appears is a ministerial regulation whereas in article 16 of UUPA letter h said that the mandate is stipulated by constitution then it can be called inconsistent.&nbsp