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Arifin, Jajang
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Law, Crime, Criminology & Criminal Justice

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IMPLEMENTASI IMPLEMENTASI TERTIB ADMINISTRASI KEPENDUDUKAN DAN RELEVANSINYA DENGAN KONSEP ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK (GOOD GOVERNANCE) DALAM KONSEP NEGARA HUKUM Sumartini, R. Siti; Arifin, Jajang; Abas, Suhendar; Nursidi, Didi
Yustitia Vol. 10 No. 1 (2024): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v10i1.243

Abstract

Population administration is an important issue for a country. This is because residents and citizens are essential elements of a country. Furthermore, based on data from the Central Statistics Agency (BPS), Indonesia's population in 2023 is projected to be 278.8 million people, of course this large number demands that population administration be carried out properly and correctly. In line with the concept of the rule of law and the principles of good governance. Based on this, a legal problem arises, related to how the orderly implementation of population administration is linked to the concept of the rule of law and how the principles of good governance can provide services to the public related to the orderly implementation of population administration. Population administration is a series of structuring and controlling activities in the publication of population documents and data through population registration, civil registration, management of population administration information and utilization of the results for public services and development of other sectors. In essence, the state is obliged to provide protection and recognition for the determination of personal status and legal status for every Population Event and Important Event experienced by residents inside or outside the territory of the Unitary State of the Republic of Indonesia. For the state, the importance of population documents is aimed at accessing public services. , Development planning, and Legal allocation
MODEL-MODEL PENILAIAN SENGKETA TINDAKAN FAKTUAL OLEH HAKIM PENGADILAN TATA USAHA NEGARA Tahir, Erdin; Fathammubina, Rohendra; Arifin, Jajang
Yustitia Vol. 10 No. 2 (2024): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v10i2.284

Abstract

The presence of Law No. 30 of 2014 on Government Administration that expands the meaning of state administrative decisions is not only interpreted as decisions in written form but includes factual actions. This of course also expands the authority of the State Administrative Court (PTUN). However, factual actions are not expressly mentioned in the Law. Therefore, what is interesting in this article is to clarify what factual action means. Then analyze the judge's style in deciding the object of the factual action dispute. The results of this study resulted in two conclusions, first, there are six characteristics of factual actions, namely actions or actions in public jurisdiction, actions or actions that are concrete/real, carried out by government officials/bodies, do not have legal effects, and cause factual effects. Second, there are five models of assessment of factual actions by judges at the PTUN. These five models of assessment are carried out on the same object of dispute, but PTUN judges have different grounds for consideration in deciding cases of factual action disputes. This assessment model is carried out on six PTUN decisions as material for study in this article. So that knowing the judge's assessment models, strengthens our understanding of the resolution of factual action disputes both in terms of concepts and practices at the PTUN
PERLINDUNGAN KONSUMEN ATAS WANPRESTASI DEVELOPER TERHADAP BANGUNAN KPR BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Arifin, Jajang
Yustitia Vol. 5 No. 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.91

Abstract

The binding agreement on the sale and purchase of land and buildings is a preliminary agreement prior to the signing of the legitimate deed of sale and purchase, containing the provisions of sale and purchasing regulations, which stipulates the legal provisions of the sale and purchases party. The parties bound in the agreement should mutually carry out their obligations and accept their rights. The developer is obliged to build and give the land and its buildings to the consumer. This study used a doctrinal legal research model with the method of statutory approach. The research specification is analytical descriptive which refers to the use of secondary data. In this study, the researcher examined the legislation and other literature data which were subsequently analyzed qualitatively. This study intended to determine the legal protection for consumers of developers who do default, and to find out sanctions for developers who do default on consumers based on the constitution No. 8 of 1999 concerning consumer protection. After conducting a complete study or analysis of this case, it can be concluded that the buyer as a consumer is entitled to get legal protection for defaults from the developer. It is because between the two, there is a bond in a binding agreement of sale and purchase. The developer has violated article 8 section (1) letter f, article 7 letter a, article 4 (letters a, b, c and h), article 16, article 19, and article 62 section (1) and (2) of the constitution regarding the consumer protection law (UUPK). Other criminal threats for developers who build housing without the comply from the agreed criteria, specifications, and requirements, are set out in article 134 in conjunction with article 151 number 1 of 2011 of the constitution concerning housing and settlement areas, namely a maximum fine of 5 billion rupiah.
FUNGSI HAK ANGKET DEWAN PERWAKILAN RAKYAT UNTUK MELAKUKAN PENYELIDIKAN TERHADAP PELAKSANAAN UNDANG-UNDANG Sumartini, Siti; Arifin, Jajang
Yustitia Vol. 6 No. 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.97

Abstract

The inquiry right of the House of Representatives (DPR-Dewan Perwakilan Rakyat) is the right of the DPR to conduct an investigation of the implementation of laws/government policies relating to important things, strategic, and broad impacts on the life of the community, nation, and state suspected of being in conflict with the law regulations. The DPR's inquiry rights relating to the implementation of the DPR's oversight function are “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions”. According to the definition above, the questions arise is what is the position of the inquiry rights in the implementation of the DPR's oversight function on the implementation of a law? What is the implication of the Constitutional Court's decision Number: 36 / PUU-XV / 2017 for the implementation of the DPR's inquiry right to the Corruption Eradication Commission (KPK – Komisi Pemberantasan Korupsi)? The study was conducted using a normative juridical approach (legal research). In this case, testing and reviewing secondary data are done relating to the problem to be discussed. The inquiry right is not the right to know about the possibility of a crime in a case. The inaccuracy in the conception of the inquiry right which is also shown in its implementation such as the DPR investigating the Bullogate, BLBI cases and others can (even) distort the function of the DPR in the formation of laws (legislation) or oversight of the implementation of government tasks and state spending, including the appointment of public officials in the form of public officials, approval or rejection, or in the form of giving consideration by the Parliament. Therefore, if the function is expected to be carried out effectively, dynamically, and naturally, changes to the MD3 Law must be initiated primarily by members of the DPR itself. There must be a strong desire from the members of Parliament to reposition themselves as representatives of the people who are aspirational and serve the interests of all the people they represent. This strong desire will manifestly manifest, if they are not restarted, because they are opposing the party's policy line.
Co-Authors Abas, Suhendar Fathammubina, Rohendra Gatri Sagala, Stefani Indra Ariska, Dudung Nugraha Eka Hardana Nursidi, Didi Siti Sumartini, Siti Sumartini, R. Siti Tahir, Erdin Taufik Hidayat