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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Andriawan, Wisnu
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Land Procurement by Land Bank as a Form of Agrarian Reform Based on Law Number 11 Year 2021 Concerning Work Creation Andriawan, Wisnu; Winantyo, Astari Cahyaningtyas; Juwono, Inigo Putera Bagus; Rahmani, Putri Mindya
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2111

Abstract

This study aims to determine the implementation and position of the Land Bank in the legal system in Indonesia and the relationship between Law Number 11 of 2021 concerning Job Creation. The amount of land in Indonesia is not commensurate with the increasing need for physical development. This is closely related to the vulnerability of conflicts that occur in the community. The presence of a Land Bank is expected to minimize the occurrence of conflicts because the existence of a Land Bank is intended to address land needs. However, in an effort to realize this, the position of the Land Bank Institution has several things that may cause obstacles in the implementation of agrarian reform itself. This research uses a statutory approach (statue approach) and a conceptual approach. With the conclusion, that the construction of regulatory law related to the Land Bank creates legal certainty and benefits. Land Banks should also be in line with the realization of agrarian reform.
Originalist Interpretation: A Method of Discovery in Criminal Law (Rechtsvinding in Het Strafrecht) Setiawan, Peter Jeremiah; Rasyid, Mahendra Harun Ar; Rasyidi, Alfian; Andriawan, Wisnu
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2360

Abstract

Law enforcers are often faced with difficulties when faced with events that meet the formulation in criminal provisions but these are not following the nature (dem wesen nach) of the criminal provisions. To deal with these provisions, one of the legal discovery methods which can be used is to use the interpretation of originalism. The research method in this article is legal research with a statutory approach, conceptual approach, and case approach. Based on the research in this article, it was found that First, the characteristics of the interpretation of originalism as a method of discovery in criminal law is to interpret a statutory regulation according to the original intent of the legislator, so it does not deviate from the original will of the legislator. Second, the use of interpretation of originalism in criminal cases can be seen in the decision number 121/Pid.Sus/2019/PN Mll, which incidentally the judge used the interpretation of originalism related to the true meaning of competence and in the decision number 72/Pid.Sus/2020 /PN Psb, the judge used the interpretation of originalism to interpret the element "Hostile, abuse or blasphemy against a religion professed in Indonesia".
Co-Authors Juwono, Inigo Putera Bagus Rahmani, Putri Mindya Rasyid, Mahendra Harun Ar Rasyidi, Alfian Winantyo, Astari Cahyaningtyas