7 research outputs found

    Legal Framework of Recognition of Indigenous People Rights Over Land Rights

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    The law is not only about the rules and how to maintain it, but it is also a legal rule that must be justified by common sense, whether it is worth, (right, good, worthy) for humans (individuals or groups)... Exploitation of the natural resources has lead to many cases, causing casualties among the people and the security forces. The main cause is the violation of the rights of indigenous people on their own land. Constitutional Court Decision particularly in testing the law against the 1945 Constitution has clarified the meaning of the principle that state has preserved rights to rule the earth, water, space and natural riches contained therein which mentioned in Article 33 paragraph (3). It dose not mean that state owned it, inspite the State only formulate policies (beleid), make regulations (regelendaad), perform maintenance (bestuurrdaad), managing (beheerdaad), and control (toezichthoudendaad).Therefore, legal framework will put in 3 (three) approaches, as followings: (1) international laws; (2) national laws either in form of law or the Government Decree; and (3) the lOcal Reulation called PERDA. Keywords: Legal Framework, Recognition of Indigeneous People Rights, and Land Rights

    Perlindungan Hukum Terhadap Anak Angkat Dalam Memperoleh Kejelasan Status Hukum Melalui Pencatatan Pengangkatan Anak (Suatu Tinjauan Dari Perspektif Hak Asasi Manusia)

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    Adoptions done by a number of reasons, among others, to continue the descent, to inherit property, and to provide security of life and good future for these children. In the protection of the rights of children, especially for adopted children, then the government out of Act No. 23 of 2002 on Child Protection, Law No. 23 year 2006 about Population Administration and through the implementation of the provisions of the Indonesian Government Regulation No. 54 of 2007 on the Implementation of Child Appointment . Also make policy through a strategic plan in which the programs include Children's Recording of Appointment. Government's commitment to provide clarity to the legal status of foster children through adoption records have been be realized in the issuance of state registration of adoption deed quoted as proof of legality for a foster chil

    Merger dalam Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas dan Kegiatan yang Dilarang Menurut Undang-Undang Nomor 5 Tahun 1999 Tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat

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    Merger as a merger of companies regulated in Act Number 40 of 2007. The arrangement of the merger is also regulated in Act Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. Merger is closely associated with the potential for monopolistic practices and or unfair business competition, because it's basically the essence of the merger is the added value of the companies that are merging. Actions such merger should be prohibited and regulated in the law because it can cause negative effects to healthy market competition. Many people who suffer losses potentially caused by the merger, such as minority shareholders, employees, creditors, and other community stakeholders. Setting merger in the legislation is a form of prevention and mitigation activities or mergers that could reduce competition

    Analisis Hukum Surat Pelepasan Hak Atas Tanah Adat (Dati) di Kota Ambon

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    Relinquishment of land rights is the relinquishment of legal relations between the holders of land rights and the land under their control by providing compensation on the basis of deliberation. Letter of Waiver of rights is evidence that is made with the aim of releasing land rights. A letter of release of customary land rights (dati) is applied in the same way as the release of land rights in general, as enforced in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The process of registering customary land rights (dati) is based on the release of customary rights (dati) issued by the customary land owner (dati) as the basis for rights. So based on the release of land rights, it can be registered at the Ambon City Land Office to obtain proof of land ownership or certificates. The letter of release of customary land rights (dati) issued by the customary State Government in Ambon City is binding as long as it is carried out based on applicable customary law and can be proven the basis of ownership rights to customary land (dati) from the customary land owner (dati) that issues the release letter the land rights. However, as long as it cannot be proven valid, the letter of release of land rights does not have binding power, thus the release of the customary land rights (dati) becomes invalid and the certificate can be canceled

    Perlindungan Konsumen terhadap Peredaran Produk Kesehatan Ilegal di Era Pandemik Covid-19 di Kota Ambon

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    This study swapped to know and analyze the protection of the law against consumen over the illicit circulation of health products in the covid-19 pandemic in the city of Ambon and the takes of the territory of the illegal health products in the covid -19 pandemic in the city of Ambon. The study was a sociolegal research. Which is the combination of research methods of doctrinal law research and empirical law research methods. The study was conducted in the municipal administration of Ambon, in the city of Ambon health services, in the industry and commerce of the province of Maluku and in the large hall of the Maluku drug and food centers. This type of data is primer data and seconder data through literature studies and interviews shown by the study shows that quality monitoring in done by both preventive and repressive governments in the pandemic covid-19 of Ambon, it is a legal protection for consumers against illegal health products that are unqualified and consumer helath standards and health that are circulated on the market according to prevailing legislation regulations
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