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All Journal Eksekusi : Journal Of Law
Azmi, Bahrum
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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SHIFT OF REGULATION NORMS RELATING TO HOUSING LAW Fanny, Fanny; harahap, irawan; azmi, bahrum
EKSEKUSI Vol 6, No 1 (2024): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v6i1.28373

Abstract

There is a shift in norms regarding the form of sanction regulation in the new and old public housing and settlement regulations, namely in Law Number 1 of 2011 concerning Housing and Settlement Areas to Law Number 6 of 2023 concerning Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Becomes Law. It seems that such conditions do not provide enough legal protection for consumers. The aim of this research is to analyze the ideal of establishing legal norms in housing regulations; to discover the legal implications of shifting norms regarding Housing. This type of research is normative legal research. The approach used is a statutory, concept and case approach with qualitative analysis methods. The results of the research show that ideally the establishment of legal norms is to regulate criminal sanctions, fines and additional criminal sanctions in Law Number 1 of 2011 concerning Housing and Settlement Areas. Where the criminal sanction of a fine has been applied to the developer of the Padang District Court in Decision Number 46/Pid.Sus/2018/PN Pdg which made the defendant admit that he felt deterred and provided justice and legal protection for low-income people regarding the right to livable government subsidized housing . The implications are: First, justice in the principles of this theory is as if it sides with the interests of business actors. Second, the failure of the law to regulate sanctions in the new regulations. This condition shows that there is an inconsistency between law in abstract form and the implementation of law in society. Third, the new regulation is in conflict vertically with Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Fourth, the new regulation is also horizontally in conflict with Law Number 12 of 2011 concerning the Establishment of Legislative Regulations as guidelines. making laws and regulations in Indonesia where the concept of Omnibuslaw is unknown in the types and hierarchy of laws and regulations in Indonesia and amendments/revocations of laws and regulations across sectors that are not justified, apart from that it also violates the principle of clarity of formulation and the principle of conformity between types and hierarchies. , and cargo material. Fifth, the shift in norms for regulating sanctions in the new regulations has the implication of not realizing legal protection for low-income communities who suffer losses due to developers and violating the community's human rights to obtain adequate residential housing.Keywords: Displacement, Sanctions, Housing.
IMPLEMENTATION OF OWNERSHIP OBLIGATIONS TRADITIONAL MARKET MANAGEMENT BUSINESS PERMITS IN ROKAN HULU REGENCY Lubis, Roy Hakim; ansah, Ardi; Azmi, Bahrum
EKSEKUSI Vol 6, No 1 (2024): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v6i1.24361

Abstract

This research aims to analyze the implementation of the obligation to own a permit and analyze the factors that hinder it as well as efforts to overcome the obstacles in Rokan Hulu Regency. This type of research is sociological/empirical legal research. The approaches used are the statutory approach, case approach and historical approach with qualitative analysis methods. The results of the research show that firstly, the implementation of permit ownership obligations has not gone well. Second, inhibiting factors: legal factors, local government officials, facilities/facilities and the community. Third, efforts to overcome obstacles: legal factors, namely that it is best to simplify the permit requirements and procedures in regulations. regional government apparatus factors, namely that the government should be able to prioritize the use of appropriate budgeting; the government should carry out frequent outreach; It would be better if there was an appropriate division of tasks for the implementation of order and law enforcement, it would be better to increase supervision and guidance so that everyone has permits. the facilities/facilities factor is that it is better to increase the budget. Community factors, namely, it is better to implement strict sanctions so that there is a deterrent effect.Keywords: Implementation, IUP2T, Traditional Markets
Co-Authors Ansah, Ardi Fanny Fanny Harahap, Irawan Lubis, Roy Hakim