Abstract

Salah satu subjek hukum yang dapat menguasai Hak Pengelolaan adalah Badan Usaha Milik Negara. Pemegang Hak Pengelolaan memiliki wewenang untuk memberikan hak atas tanah di atas tanah Hak Pengelolaan, salah satunya adalah Hak Guna Bangunan. Praktiknya pembebanan Hak Guna Bangunan di atas Hak Pengelolaan memiliki kemiripan dari segi hukum dengan Sewa-Menyewa Tanah. Tulisan ini mengkomparasikan ketentuan perundang-undangan terkait Pembebanan Hak Guna Bangunan di atas Hak Pengelolaan dan Sewa-Menyewa Tanah. Penelitian ini dilaksanakan dengan menggunakan metode penelitian hukum (yuridis) normatif (legal research). Hasil penelitian ini menemukan bahwa dalam rangka kerja sama dengan pihak ketiga dilakukan dengan membuat perjanjian pemanfaatan tanah. Perjanjian pemanfaatan tanah ini dalam praktik memiliki nomenklatur yang berbeda-beda, salah satu nomenklatur yang sering digunakan adalah perjanjian penggunaan tanah. Pemberian Hak Guna Bangunan pada Hak Pengelolaan bukan merupakan peralihan hak melainkan hanya pembebanan hak sehingga ketika Hak Guna Bangunan habis jangka waktunya maka tanah kembali dalam penguasaan pemegang Hak Pengelolaan. Praktik pembebanan Hak Guna Bangunan pada Hak Pengelolaan memiliki kemiripan dengan Sewa-Menyewa Tanah berjangka waktu panjang. Persamaan tersebut dapat dilihat dari aspek hukum perikatan melalui perjanjian yang dibuat para pihak, aspek pemeliharaan objek tanah, aspek biaya, dan aspek jangka waktu.

Abstract

Notaries’ roles in performing their functions and duties to prevent money laundering have been stipulated in Article 3 of Government Regulations No. 43 of 2015, which was a mandate from Article 2 paragraph (2) of the Criminal Act of Money Laundering Law. Notaries must report suspicion of money laundering to the Financial Transaction Reports and Analysis Center (PPATK). It is based on the ideal framework law to be achieved by a country, which must fulfill 3 (three) fundamental values, namely expediency, certainty, and justice. Notaries’ roles in serving the community must also be able to provide accountability for the civil law so it does not harm the country with an attempt to disguise money from money laundering.

Abstract

ABSTRACT

Dynamics The development of the village government system has undergone substantial changes with the issuance of Law Number 6 of 2014 concerning Villages. The regulation regarding the election of village heads has changed with a simultaneous election mechanism and the candidate who gets the most votes has the right to be appointed as village head. The purpose of this study is to examine and analyze the regulation with the election mechanism in the district of Central Maluku which in the Regional Regulation Number 03 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of the Negeri Government which the substance of the article on elections still refers to Law Number 32 of 2014 which is no longer valid, the regulation needs to be synchronized so that the application of the existing rules does not conflict with higher rules or positive rules. The method used in this research is a normative method with a study approach with primary data that refers to the applicable regulations and then dissected with secondary data based on concepts, theories and principles in the formation of legislation.             

Keywords:  Synchronization, Regional Regulations, Village Head Elections

Abstract

Even though taxation activities are the actions of state administration officials in collecting taxes from their citizens, they are substantially an engagement. The state is the tax collector (creditor) and the taxpayer is the taxpayer (debtor). Therefore, the legal aspect of the engagement is dominant in taxation activities. Several aspects of civil law can be described, both material civil law, especially those relating to engagements as regulated in book III of the Civil Code and formal civil law relating to execution. Among them are related to the legal aspects of taxation activities in the perspective of engagement law, the expiration of tax debts, default and legal consequences and their execution. This includes hostage measures (gijzeling) that can be imposed on the taxpayer who in bad faith does not carry out his tax obligations.

Abstract

Corporate Social Responsibility is set in article 74 of Law No. 40 of 2007 on Limited Liability Company. Corporates have to do corporate social and environmental responsibility. In sustainable development context, there are three values to be applied in corporates CSR, such as economic, social, and environmental. In the implementation of CSR, corporate must set plan and allocate funds from the revenues of the company worthily. Based on the background, the problem formulation is how is the implementation of PT. Tirta Investama Airmadidi CSR by way of Organic farmer and Biogas based on Law No. 40 of 2007 on Limited Liability Company? The purpose of Organic farmer and Biogas this study are to investigate the implementation of PT. Tirta Investama Airmadidi CSR by way of based on Law No. 40 of 2007 on Limited Liability Company. In the implementation, PT. Tirta Investama Airmadidi CSR by way of Organic farmer and Biogas experience some technical problems. Organic farmer and Biogas don’t provide a significant change to the community’s economic, and the result, it doesn’t have impact on community’s prosperity. In addition, the conducted Organic farmer and Biogas doesn’t fulfill the fit and proper values.

Abstract

This study aims to find out and analyze the Responsibilities of the PPAT Recipient of the Protocol to the Protocol Deed he kept which was sued in court. The type of research used is empirical normative legal research, namely research conducted through literature studies that refer to theories and laws, and regulations regarding the responsibilities of the PPAT receiving the protocol for the protocol received. This research is also supported by field research conducted directly by the author by interviewing respondents and informants to obtain primary data. This study has the conclusion, the transfer of the PPAT protocol from the PPAT giving the protocol to the PPAT receiving the protocol results in a transfer of responsibility for the deed. The transfer of responsibility is only limited to the security and confidentiality of the deed. The PPAT receiving the protocol cannot be materially responsible for the legal events contained in the deed. The PPAT receiving the protocol can be held accountable if the protocol it keeps is damaged or lost so that it cannot be used as evidence in court.

Abstract

In everyday human life, there are several problems that pose a risk to oneself, personal belongings or family property, where the risk is something that arises unexpectedly. To overcome these unexpected problems, the role of insurance is very important in providing protection. Insurance is an insurance agreement between the insurance company and the policyholder with the obligation to pay premiums and provide guarantees to pay compensation. In general, the classification of insurance is divided into 3 types, namely: life insurance, general insurance, and reinsurance. The rights of policyholders when viewed from the aspect of consumer protection are regulated in Law Number 8 of 1999 concerning Consumer Protection. Insurance is very closely related to the presence of the OJK Institution as the only institution responsible for insurance companies, as stipulated in OJK Regulation Number 28/POJK.05/2015. The purpose of this journal is to legally review the rights and interests acquired by insurance policy holders. This research uses normative method. The results of the first study, the rights of policyholders have not been explicitly regulated in insurance law. Second, settlement of claim disputes regarding claims for compensation from insurance is regulated in Article 4 paragraph (1) OJK Regulation Number 1/POJK.07/2014, and the third is in insurance laws and regulations in Indonesia, the settlement of insurance cases is handled by OJK and will ends with a court decision.

Abstract

This study aims to determine and analyze efforts of the Council of Trustees and Supervisors (MPPD) of the Klaten Regency Land Deed Making Official (PPAT) towards increasing PPAT compliance in carrying out the duties of the position.

            The type of research used is empirical legal research. This study uses secondary data obtained from library materials and primary data obtained form of interviews with respondents and resource persons. The data will then be analyzed qualitatively, then concluded deductively.

            This research has three conclusions. The role of the MPPD of the Klaten towards increasing PPAT compliance in carrying out the duties of the position is conduct coaching at IPPAT organizational meetings, share the latest info regarding PPAT through WA Group, conduct guidance in the form of inspections to the PPAT office in the context of periodic supervision.

Keywords: Regional Trustees and Supervisory Council, PPAT, Compliance, Position Duties, Code of Ethics

Abstract

The implementation of the social and environmental responsibility program (TJSL) has been mandated through Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). Article 74 paragraph (1) UUPT. The implementation of the CSR program is a manifestation of efforts to build good reciprocal relationships with all stakeholders, both the government and all elements of society. Often, in the implementation of the CSR program, the benefits received by the community are not appropriate or do not have a maximum impact on the community and the environment. This study aims to determine the concept of community participation contained in the CSR or CSR guidelines in accordance with ISO 26000. The research methods used in this study are normative legal research methods and descriptive qualitative research methods. This method is used to study, maintain, and develop positive legal structures with logic buildings with a written guideline approach. Community participation in the implementation of Social and Environmental Responsibility (TJSL) is absolutely necessary to be given proper space. Community participation not only allows the community to receive program benefits, but is also active in all processes or stages in the implementation of CSR. ISO 26000 emphasizes the importance of community participation in Social Responsibility (SR) in the main issues of community development. Community involvement and development is an integral part of the concept of sustainable development.