14 research outputs found
PROGRAM LEGISLASI DAERAH SEBAGAI PENGAWAL POLITIK HUKUM DI DAERAH
ABSTRACT
Since the passing of reforms in 1998 has brought changes to the constitutional system of centralized to decentralized Indonesia, it means a government authority handed over to autonomous regions, except for the central government affairs. The principle of autonomy emphasizes providing government authority to local governments to regulate and manage their own affairs within the unity state of framework. Follow-up of these reforms have also been carried out by the 1945 Amendment to change the power to make laws that are on the government initially submitted to parliament. National legal and political system was changed to affect the formation of the orientation and priorities of legislation, including legislation as part of program activities inherent in the process of formation of national law. Accordingly, any establishment of legislation to do with the deepening of the material, the synchronization and harmonization with other legislation, as well as open access and dissemination to increase community participation. One of the priorities that must be done within the framework of the development of national law is to harmonize legislation to establish a form of regulatory legal instruments that guarantee the implementation of the rule of law while providing the broadest possible benefits for thewelfare of the people, namely the Local Legislation Program.
Keywords: Local Legislation, Legal Policy, Local Government.
ABSTRAK
Sejak bergulirnya reformasi tahun 1998 telah membawa perubahan pada sistem ketatanegaraan Indonesia dari sentralistik menjadi desentralistik, artinya sejumlah wewenang pemerintahan diserahkan kepada daerah otonom, kecuali urusan pemerintahan pusat. Prinsip otonomi daerah menekankan pada pemberian kewenangan pemerintahan kepada pemerintahan daerah untuk mengatur dan mengurus sendiri urusan pemerintahan yang menjadi kewenangannya dalam kerangka NKRI. Tindak lanjut dari reformasi ini juga telah dilakukan Perubahan UUD 1945 dengan merubah kekuasaan membentuk undang-undang yang pada mulanya berada pada Pemerintah diserahkan kepada DPR. Sistem dan politik hukum nasional pun berubah yang mempengaruhi orientasi dan prioritas pembentukan peraturan perundang-undangan termasuk kegiatan program legislasi sebagai bagian yang inheren dalam proses pembentukan hukum nasional. Sejalan dengan hal tersebut, maka setiap pembentukan peraturan perundang-undangan harus dilakukan dengan pendalaman materi, sinkronisasi dan harmonisasi dengan peraturan perundang-undangan lain, serta diseminasi untuk membuka akses dan meningkatkan partisipasi masyarakat. Salah satu prioritas yang harus dilakukan dalam rangka pembangunan hukum nasional adalah melakukan harmonisasi peraturan perundang-undangan dengan membentuk suatu instrumentasi hukum berupa peraturan yang lebih menjamin terlaksananya kepastian hukum sekaligus memberikan kemanfaatan yang seluas-luasnya bagi kesejahteraan rakyat, yaitu program legislasi daerah.
Kata Kunci: Legislasi Daerah, Politik Hukum, Pemerintahan Daerah
Analisis Yuridis Keabsahan Penyelenggaraan Rapat Umum Pemegang Saham (Rups) Secara Online Untuk Mewujudkan Kepastian Hukum (Studi Penelitian PT Midi Utama Indonesia Tbk (Midi))
The development of information and communication technology has had a significant impact on various aspects of life, including the business world. One form of this development is the use of a digital platform to hold an online General Meeting of Shareholders (GMS), this is what PT Midi Utama Indonesia Tbk (MIDI) is doing, with a special focus on harmonizing the holding of the online GMS with Article 77 of the Law Limited Liability Company and comparison with Article 16 paragraph (1) of the Law on Notary Positions. This research has three problem formulations, namely regarding legal regulations related to the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, implementation of the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, and factors that become obstacles. and obstacles and solutions in implementing the validity of holding an online General Meeting of Shareholders (GMS). This research uses normative juridical legal research methods and sociological or empirical legal research. This normative juridical research is carried out by examining library materials or secondary data. The data used in this research are primary data and secondary data. Primary data in this research is in the form of interviews and observations, while secondary data used in this research consists of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research are that the implementation of Online GMS is permitted according to legal regulations based on Article 76 Jo. Article 77 of the Limited Liability Company Law and POJK Number 16/POJK.04/2020. Basically, the implementation of an online GMS does not violate the law and remains legal. In its implementation carried out by a Notary, the preparation of a GMS deed carried out online is still difficult to implement firmly, because there is still uncertainty regarding the Notary's authority. Obstacles that can occur are related to the mechanism for holding an online GMS, because this GMS is carried out online, the main obstacle or obstacle is located in the network or computer equipment
The role of security management system in preventing and overcoming threats security disturbances in National Security Institutions
Purpose: The purpose of this research is to find out the implementation of the security management system in preventing and overcoming the threat of Obvitnas security disturbances in order to support the country's economic stability, to find out the obstacles and efforts of the role of the security management system in preventing and overcoming the threat of Obvitnas security disturbances in order to support the country's economic stability.
Research methodology: The research method used in this research is normative research method by involving analysis of legal regulations, policies, and legal instruments related to applicable laws and regulations.
Results: The results showed that the implementation of the security management system in preventing and overcoming the threat of security disturbances to the National Obvitnas in order to support the stability of the country's economy, namely the implementation of the Security Management System as measured through the 5 (five) elements mentioned in Police Regulation Number 7 of 2019, has not been running optimally, as a result there are still several accidents that cause the impact of victims and the environment of the National Obvitnas.
Contributions: This study provides a comprehensive analysis of the role of security management systems in preventing and overcoming threats to national security. The findings of this study can be used by security managers to develop and implement effective security management systems to safeguard national security interests.
Implementation: Barriers to the implementation of a security management system in preventing and overcoming the threat of Obvitnas security disturbances to support the stability of the country's economy, namely the implementation of the Security Management System depending on the manager's request, limited resources, diverse threat complexities. And the preparation of effective policies, increased investment and resource allocation, and improved inter-agency coordination
Juridical analysis of the involvement of the Indonesian National Army in countering criminal acts of terrorism criminal acts of terrorism
Purpose: The purpose of this research is to find out the implementation of the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order in society and national sovereignty, to find out what factors are obstacles and solutions to the involvement of the Indonesian National Army in countering criminal acts of terrorism to realize order and national sovereignty.
Research methodology: The research method used is normative juridical (legal research) through literature studies with an empirical juridical approach (sociological juridical) through field studies aimed at obtaining legal knowledge empirically.
Results: The results showed that the implementation of the role of the Indonesian National Army Kepri in preventing criminal acts of radicalism is by conducting early detection in order to find out all changes in social life in society and its further development, identifying the nature of threats that are and will be faced, then providing early warnings as basic material and determining directions for policy and decision making or action by Indonesian National Army leaders.
Implementation: Factors inhibiting the performance of the Indonesian National Army of Riau Islands region in conducting early detection of efforts to prevent criminal acts of terrorism include poor human resources (HR) both from the quantity and quality of Indonesian National Army Kepri members, facilities, infrastructure, and budget financing of Indonesian National Army activities in preventing criminal acts of terrorism, lack of understanding of the terrorism movement. While the solution to these problems is to build and foster intelligence networks, as well as optimizing tasks and functions with special education and as supervisors in deradicalization programs and conducting counseling to the public about radicalism
Analisis Yuridis Tanggung Jawab Notaris Terhadap Tindak Pidana Pemalsuan Akta Otentik (Studi Penelitian di Kota Batam)
The implementation of the Notary's duties and position is based on the high level of integrity and honesty of the Notary, the results of the work in making deeds and maintaining protocols as authentic evidence regarding the interests of justice seekers, both personal interests and business interests, so that the implementation of the Notary's duties and positions must be supported by moral will. which can be accounted for. The problem of this research: what are the legal regulations regarding the procedures for making authentic deeds by Notaries as Public Officials, the legal relationship between Notaries and Facing Parties in making authentic deeds, as well as the Notary's legal responsibility for authentic deeds in connection with criminal acts of forgery? Notary is a Public Official, authorized to make authentic deeds regarding all acts, agreements and stipulations which are required by a general regulation to be stated in an authentic deed, guarantee certainty of date, keep the deed and provide grosses, copies and quotations throughout the making of such a deed by a general rule is also not assigned or excluded to officials or other people. The presenter comes to the Notary, so that the actions or deeds are formulated into an authentic deed according to the authority of the Notary, and then the Notary makes a deed at the request or desire of the Presenter, in this case providing a basis for the Notary and the Presenter that a legal relationship exists. The legal responsibility of a Notary as a Public Official regarding authentic deeds related to criminal acts of forgery is: A Notary can be said to be free from legal responsibility if the authentic deed he has made and/or executed in front of him has fulfilled the formal requirements. If the Notary is proven to have violated the provisions of the law, namely fulfilling the criminal elements contained in the Criminal Code, then the notary can be held criminally responsible. Notaries in carrying out their duties must be careful, act honestly, impartially, and safeguard the interests of related parties. In making a deed, introduce the person present, based on identity, ask, then listen and pay attention to the wishes of the parties, examine documentary evidence, provide suggestions and create a framework for the deed to fulfill the wishes or desires of the parties, fulfill all administrative techniques for making the deed such as reading, signing, provide copies and filings for minutes, and carry out other obligations related to the duties of the Notary position
Legal analysis of the authority of quarantine officials in handling illegal cattle importation
Purpose: The purpose of this study is to determine the implementation of the Quarantine Officer's authority in handling illegal cattle importation, and what are the obstacles and solutions to the Quarantine Officer's authority in handling illegal cattle importation.
Research Methodology: The research method used in this study is the normative research method by involving the analysis of legal regulations, policies, and legal instruments related to applicable laws and regulations.
Results: The results show that the implementation of Quarantine Officers in conducting quarantine supervision and actions at the Batam Class I Agricultural Quarantine Center is in accordance with applicable procedures and laws.
Implementation: The implementation of quarantine according to Law Number 21 of 2019 is the authority of the Central Government and to achieve its objectives, quarantine measures and supervision and/or control of carrier media are carried out. There are two officials who are given duties and responsibilities in the implementation of quarantine, namely Quarantine Officials (consisting of Animal Quarantine Officials, Plant Quarantine Officials and Fish Quarantine Officials) and Civil Servant Investigators (PPNS)/Quarantine Investigators. Obstacle factors faced include: weak sanctions or penalties for violators in the field of quarantine regulations. Quarantine officials may conduct intelligence activities in coordination with the agency responsible for state intelligence and/or other agencies that perform intelligence functions. It should be clear when and what quarantine measures are taken by Quarantine Officers with Quarantine Investigators. The long process in the regulation of document processing is not balanced with the rate of need for animal entry
Analisis Yuridis Perlindungan Hukum Terhadap Notaris Sebagai Pejabat Umum dalam Sistem Peradilan Pidana Terkait Kewenangan Membuat Akta Otentik (Studi Penelitian Di Kota Batam)
Notaries are public officials who are appointed and dismissed by the state through the Minister of Law and Human Rights of the Republic of Indonesia. Apart from the duties and obligations, Notaries also have the authority regulated in the Notary Position Law and receive legal protection from the state. The problems of this research: What is the relationship between Notaries as Public Officials in the criminal justice system regarding the authority to make authentic deeds, What is the legal protection for Notaries as Public Officials in the criminal justice system related to the authority to make authentic deeds, and the role of the Notary Honorary Council in providing legal protection for Notaries as Officials General in the criminal justice system regarding the authority to make authentic deeds?. The connection between a Notary's deed and the occurrence of a criminal act is that the authentic deed and its protocol are used as evidence of a criminal act or if there is a criminal element in its preparation which is the Notary's fault or the parties' error in providing information; or there is an agreement made between the Notary and one of the presenters. Legal protection for Notaries as Public Officials in the criminal justice system in the form of the rights and obligations of the Notary, and the approval of the Notary's Honorary Council to take photocopies of the minutes of the deed and/or letters attached to the minutes of the notary's deed or protocol in the Notary's custody; and the Notary to attend examinations relating to the Notary's deed or protocol which is in the Notary's custody. The Notary Honorary Council carries out examinations of Notaries regarding criminal allegations related to authentic deeds. It is recommended that Notaries in carrying out their duties act honestly, carefully, independently, impartially, and safeguard the interests of the parties. The guidance and supervision of Notaries by the Notary Honorary Council should be further improved, as an effort to prevent the execution of authentic deeds related to criminal acts
Legal study of the granting of spousal consent in the transfer of land rights from joint property due to unregistered marriage
Purpose: The purpose of this study is to determine the implementation of granting spousal consent in the transfer of land rights from joint property due to unrecorded marriage and to find out the factors that become obstacles and solutions in granting spousal consent in the transfer of land rights from joint property due to unrecorded marriage.
Research Methodology: The research method used in this research is normative research method by involving analysis of legal regulations, policies, and legal instruments related to applicable laws and regulations.
Results: The result of the research shows that the granting of spousal consent in the transfer of land rights from joint property due to unregistered marriage in Batam City, until now does not have a special regulation, so it still refers to the same provisions as spousal consent to joint property in registered marriages contained in Article 36 of the Marriage Law, and Article 92 KHI and Article 119 KUHPerdata.
Limitations: The study is limited to jurisdiction-specific laws and regulations concerning land rights and spousal consent in the context of unregistered marriages. It does not delve into broader family law aspects unrelated to property transfers.
Contribution: This research contributes a comprehensive analysis of the legal intricacies involved in transferring land rights from joint property due to unregistered marriages, shedding light on gaps in existing regulations and proposing potential legal remedies. It serves as a valuable resource for legal practitioners, policymakers, and scholars seeking insight into this nuanced area.
Practical Implication: The findings of this study have practical implications for legal professionals advising clients on property transactions involving unregistered marriages. Additionally, it provides a basis for legislative reform to address gaps and uncertainties in current legal frameworks
Analisis Yuridis Terhadap Peranan Notaris dalam Pembuatan Perjanjian Perkawinan Untuk Mewujudkan Kepastian Hukum (Studi Kasus Kantor Notaris Hendy Bkry Agustino Kota Tanjung Pinang)
This thesis aims to conduct a juridical analysis of the role of notaries in the creation of prenuptial agreements with the objective of ensuring legal certainty within the context of marriage law in Indonesia. This research encompasses a comprehensive examination of the legal regulations governing the role of notaries in the creation of prenuptial agreements, the implementation of notarial practices in the prenuptial agreement process, and the identification of factors that may hinder the attainment of legal certainty. Through a normative legal approach, this thesis analyzes various legal provisions, regulations, and notarial guidelines pertaining to prenuptial agreements. Additionally, this research involves interviews with notaries practicing in this field to gain a deeper understanding of the implementation of the notarial role and the challenges faced in ensuring legal certainty. The findings of this research are expected to provide a more profound insight into the role of notaries in prenuptial agreements and their contribution to legal certainty within the context of marriage law in Indonesia. Furthermore, this study may serve as a foundation for improvements or refinements in legal regulations and notarial practices, aimed at enhancing legal certainty for individuals planning to marry or already married in Indonesia. By combining normative and empirical legal approaches, this thesis seeks to provide a comprehensive picture of the role of notaries in creating legal certainty in marriage agreements