Felly Navra Hicksta, Dr. Sumiati, SH., MM., MH, Dr. Muhaimin, SH., M.Hum

Abstract:

The purpose of this study is to know and analyze why the Religious Courts in resolving the dispute Sharia Banking based on cases contained in the Decision of PA Mataram Number 0508 / PDT.G / 016 / PA.MTR about Acts Against the Law. The benefits of this study consist of theoretical benefits and practical benefits. The research method used is normative research. Based on the results of existing research then after the author analyzes the authority of the Religious Courts in the Settlement of Sharia Banking Disputes based on cases contained in the Decision of PA Mataram Number 0508 / PDT.G / 016 / PA.MTR concerning Acts Against the Law is a dispute between Mr. Suharyono (customer) with BRI Sharia. In Law no. (2) In the event that parties have agreed, dispute resolution other than as meant in paragraph (1), dispute settlement done in accordance with the contents of the Agreement. Based on the above, if referring to Law no. 3 of 2006 on Religious Courts, the Religious Courts have absolute and absolute authority in the dispute over Islamic economic case.

Keywords: settlement of disputes, religious courts, sharia banking

Full Text: PDF

Wiwin Istiningrum, Dr. M. Arba, SH., M.Hum, Dr. Widodo Dwi Putro, SH., M.Hum

Abstract:

One of the land reform programs is the absentee prohibition of agricultural land. However, in reality there are still many people who have absentee farmland in Tanjung Sub-district of North Lombok, so in practice the regulation on the prohibition of absentee farming cannot be applied effectively. This study aims to find out why the ownership of agricultural land in absentee is prohibited.

This study uses a social-legal method of research that emphasizes the behavior of individuals or communities in relation to the law. All primary and secondary data are classified with issues relevant to the problem and then analyzed qualitatively descriptively.

The result of research on the prohibition of farm ownership in the absentee philosophically that the agricultural land must be owned by the people who reside in the Tanjung sub district and the land must be used and used for agriculture, so that it can improve the welfare of farmers, farmers and farm laborers in the district of Tanjung. The legal basis for the prohibition of absentee/guntai landholding is Article 10 of the Basic Agrarian Law (UUPA), in this article is contained a principle requiring the owners of agricultural land to actively work or cultivate farmland. As the implementer of Article 10 of the BAL is the Government Regulation (PP) No 224 of 1961 concerning the implementation of land distribution and compensation and Government Regulation No. 41 of 1964 concerning the amendment and addition of Government Regulation No. 224 of 1961 on the implementation of the division land and compensation. Sociological Foundation, Although the ownership of farm land in absentee is prohibited but in fact in sub-district there are many people who own agricultural land but live outside the district of Tanjung Tanjung and some live outside the province. Likewise, the economic situation of the people after selling their agricultural land does not get better than before and even decreased.

Keywords: prohibition, ownership, land, absentee

Full Text: PDF

Joni Iskandar, Galang Asmara, Muh. Risnain

Abstract:

The division of authority of concurrent governmental affairs under Law 23 of 2014 on Regional Government is based on the principle of accountability, efficiency, and externalities, as well as national strategic interests. The central government in the transfer of the affairs of this concurrent authority leaves behind new problems to be resolved. The absence of implementing regulations from the law makes the relevant ministries issued circulars as the basis for the implementation of the transfer of authority. Based on the nature of the circular, the circular shall have no binding legal force. The consequence is that the circular can be implemented and also not implemented because there is no binding legal sanction for those who do not obey it.

The transfer of authority over government affairs also has an impact on legal products in the regions. The district government should revoke the conflicting regional regulation, while the provincial government must adapt its local regulations to the prevailing laws and regulations.

Keywords: energy and mineral resources, authority, local government

Full Text: PDF

M. Indra Yuliardy, Gatot Dwi Hendro Wibowo, Muh. Risnain

Abstract:

Regional Regulations as part of a Legislation and as a legal product underlying and underlying the implementation of a program and activities undertaken by the Regional Government. However, due to the imperfect process of its formation, it is often in its implementation to cause legal problems, therefore based on the provisions of Law Number 23 Year 2014, the government through the Minister of Home Affairs shall perform the role and function of supervision in the form of evaluation on the Provincial Regulation Draft and cancellation of Regulation Provincial Region. Implementation of the function of evaluation and cancellation caused Law Conflict, because the authority of evaluation on Provincial Regulation Draft and cancellation of Provincial Regulation is essentially contradictory to the provisions stipulated in the constitution namely Article 24A of the 1945 Constitution of the State of the Republic of Indonesia and caused the Conflict of Norms Law with the provisions of Article 9 of Law Number 12 Year 2011 concerning the Establishment of Laws and Regulations, whereby the Supreme Court is authorized to examine the Laws and Regulations under the Law allegedly contrary to the Law..

Keywords: authority, revocation of provincial regulation

Full Text: PDF

Zeli Supardiawan, Gatot Dwi Hendro Wibowo, Sahnan

Abstract:

This study aims to analyze the existence of community forest after the implementation of Law Number 23 Year 2014 on Regional Government. This research is normative law research, Community Forest which hereinafter called HKm is; State forest utilization is primarily aimed at empowering local communities. The empowerment of local communities is an effort to enhance the capability and independence of local communities to benefit optimally and equitably from forest resources through capacity building and access provision in the context of improving the welfare of local communities. Community empowerment is also to overcome the problem of poverty, the community get the assurance of access to manage forest area, HKm able to change the paradigm of centralized forest management, which has caused deforestation, marginalization of community rights, marginalization of culture and poverty, and HKm expected to solve conflicts forestry, by providing access and management rights related to community claims in the forest area, the context of the sustainability of economic transformation, the culture of the community in forest areas that require recognition and certainty. Community Forestry Arrangement and Implementation which is one of the policies of granting forest rights to groups is not actually community-based, Community Forest is a unit of patterns compiled from groups based on modern management, and management models these groups are not recognized by the community in the history of forest management, and the existence of Community Forest after the enactment of Law No. 23 of 2014 is still very far when compared with the Government target that has targeted the achievement of social forest at least 12.7 million hectares until 2019 .

Keywords: interim replacement, political parties, the concept of people’s representatives

Full Text: PDF

Umar Said, Galang Asmara, Kaharudin

Abstract:

The Interim Replacement (PAW) has the function of being the mechanism control of a political party which has its representative who sits as a member of parliament. Authority of Interim Replacement (PAW) is regulated in article 213 of Law Number 27 Year 2009 jo. Law Number 17 Year 2014 concerning the People’s Consultative Assembly, the People’s Legislative Assembly, the Regional Representatives Council and the Regional People’s Legislative Assembly. This time-lapse phenomenon often creates legal disputes later on, especially by one of the parties (generally those charged and / or reimbursed) who feel the injustice of what is happening with their positions. Parties, who feel aggrieved in fighting for the injustice they experienced, generally take legal action through the State Administrative Court (Administrative Court).

Keywords: interim replacement, political parties, the concept of people’s representatives

Full Text: PDF

Nursiwan Yudistya Rahman, Kaharuddin,  Muh. Risnain

Abstract:

The organization of profession of auditor as mentioned in Article 52 section 3 and Article 53 section 3 was established on November 30, 2012 under the name of the Indonesian Government Internal Auditors Association (AAIPI), which has the statutes and bylaws, continuing from the contributions of each member. When performing audit, all auditors is guided by the rules issued by AAIPI both the code of ethics and audit standards, but the auditor’s definition issued by AAIPI is inconsistent with the definition contained in Government Regulation no. 60/2008. AAIPI as a professional organization for the auditor, also accommodate the position of government supervisor in it. AAIPI itself stands for the Indonesian Government Internal Auditors Association, not the supervisory association, although the duties and functions of the auditor also conduct supervision.

Keywords: auditor association,  AAIPI position in APIP

Full Text: PDF

Wiwik Pratiwi Fitri, Sumiati Ismail, Muhaimin

Abstract:

Article 21 and Article 22 of POJK No. 1/POJK.07/2013 concerning Consumer Protection of Financial Services Sector regulating Bank Syariah Mandiri as PUJK in using standard agreement shall fulfill the principle of equilibrium, fairness and fairness in the deed of agreement with the consumer and prepared in accordance with the legislation.

The type of this research is normative law research with departure from the existence of conflict of norm where from the rules related to standard agreement in banking with financing agreement made by Bank Mandiri Syariah is not appropriate in pelasaannya, in the provisions contained in Article 21 and Article 22 OJK Regulation Number 1/POJK.07/2013 and OJK Circular Letter Number 13 / SEOJK.07 / 2014 still deviate from the financing agreement in Bank Mandiri Syariah.

The results of this study indicate that the application of standard agreements on financing contracts conducted by Bank Syariah Mandiri not fully comply with the provisions of Article 21 and Article 22 POJK Number 1/POJK.07/2013 on Consumer Protection of Financial Services Sector seen from the existence of several clauses that have not fulfilled the principle of equilibrium and justice and there are still exoneration clauses and / or transfer of responsibilities set forth in the sharia bank financing contract. The legal consequences for Bank Mandiri Syariah for violations of Article 21 and Article 22 of POJK Number 1/POJK.07/2013 in the standard agreement may be subject to sanctions in the form of administrative sanctions such as written warnings, fines namely the obligation to pay a certain amount of money, restrictions on business activities, business activities, including up to the revocation of business activity permits.

Keywords: article 21 and article 22, standard agreement, Bank Syariah Mandiri

Full Text: PDF

Miranti Malik, Prof. Dr. Rodliyah, SH., MH,  Dr. Kurniawan, SH., M.Hum

Abstract:

One of the many legal issues that arise in relation to e-commerce is whether an electronic deed or electronic document can be used as authentic proof of an authentic letter or deed which has the same binding power as the written document on paper stipulated in the Civil Code. This study aims to analyze the power of binding the electronic deed in the proof of civil case, Theory used is the theory of legal positivism. The type of this research is normative law research, approach method used is approach of Law and Conceptual Approach. The types and sources of legal materials used are Primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials in this research is done through documentation study and literature study, analyzed by interpretation. Based on the result of research that binding power of electronic deed has binding legal force with document written on paper and can be used as evidence in civil case.

Keywords: electronic deed and E-commerce

Full Text: PDF

Supriani, Lalu Subardi, Hirsanuddin

Abstract:

The Foundation’s arrangements have undergone a very dynamic development from time to time. In Indonesia, the foundation is a social activity body consisting of individuals, the general public as well as indigenous peoples, which is the accumulation of mutual care for each other. Basically the Foundation has different goals and interests, some are engaged in social, religious, cultural, educational and even in the field of humanity in accordance with the objectives of each Foundation. While the initial goal of each foundation is almost the same that involves the social field.

With the issuance of Law Number 28 Year 2004 regarding Foundation, the government and the law makers intend to reopen the possibility of the old foundation that has not adjusted its articles of association with the Change of Foundation Act (Foundation which can no longer use the word “Foundation” in its name) adjustment of the articles of association to certain conditions. Thus, the foundation that was no longer able to make adjustments to the articles of association due to the lapse of the adjustment period is now again able to make adjustments.

Keywords: act, foundation, deed

Full Text: PDF