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Journal : Journal of Social Science

Legal Existence of Brokers in Land Sale and Purchase Binding Agreement Nurlaila Kadarwati Papuluwa; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 3 No. 4 (2022): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.439 KB) | DOI: 10.46799/jss.v3i4.381

Abstract

This study aims to analyze the legal position of the broker (broker) as an intermediary trader in the binding agreement for the sale and purchase of land in Indonesia, as well as the legal implications of the actions of the land broker in the binding sale and purchase agreement (PPJB) which resulted in the occurrence of defect of will(wilsgebreken/ defect of consent). This type of research uses the normative type, normative legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study indicate that legal position of a broker (broker) as an intermediary trader in a binding agreement for the sale and purchase of land in Indonesia in the KUHD arrangement is classified based on an official broker and an unofficial broker. Related official brokers have been regulated in the provision of Article 62 of the KUHD that he must obtain an official appointment fromrequired state officials. Meanwhile, unofficial brokers through the provisions of Article 63 of the KUHD do not grant a monopoly position to brokers, in fact there is an article that allows the existence of unofficial brokers, namely without an appointment from the Minister of Justice and without an oath, namely Article 63 of the KUHD bsd 1792 of the KUHPER. In this case, this unofficial broker is seen as a normal power holder
Cooperation Institutions (LKS) Bipartite Effectiveness in Efforts to Prevent Industrial Relationship Disputes of Companies in Ternate Erwin Ismanto; Husen Alting; Rusdin Alauddin
Journal of Social Science Vol. 3 No. 4 (2022): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.382 KB) | DOI: 10.46799/jss.v3i4.383

Abstract

Effectiveness of cooperative institutions (LKS) bipartite in an effort to prevent industrial relations disputes in companies in Ternate City,The purpose of this research is to examineThe role of bipartite cooperation institutions (LKS) in the prevention of industrial relations disputes in companies, as well as the effectiveness of the establishment of bipartite cooperation institutions (LKS) in companies in Ternate City.The research method used is qualitative with a case study approach and data is collected through in-depth interviews with employers, workers/labourers, trade unions/labor unions and Industrial Relations Mediator Employees both in the regions and at the Ministry of Manpower. Some of the findings obtained from this study indicate thatIn the provisions of labor legislation, a bipartite work forum will refer to a communication and consultation forum to make careful considerations on matters relating to industrial relations in a company, where the members consist of employers/entrepreneurs and workers/laborers. or representatives of Workers/Labourers' organizations.
Analysis of Actions Against The Law Case of Appointment of The Pagu Tribe Custom Leader (Sangaji) In North Halmahera Regency Alimudin Boly; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 1 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.244 KB) | DOI: 10.46799/jss.v3i6.527

Abstract

This study aims to analyze the legitimacy of the appointment of the Pagu Tribe Chief based on the Customary Law of the Pagu people, as well as examine the considerations of the judges of the North Maluku High Court (PT) in deciding the case of appointing the Pagu Tribe Head of North Halmahera as an unlawful act (PMH). The research method used in this study is empirical legal research, namely research that looks at the application of laws and regulations in society. The results of this study indicate that validity of the Appointment of the Head of the Pagu Tribe based on the reason that the role of the Traditional Head in resolving land disputes in the Pagu Tribe is as a Peace Judge in customary trials and as a decision maker where the decision is binding for the parties to the dispute. Legal basis consideration of the judge of the District Court Number 13/Pdt.G/2020/PN.Tob decided the case of appointing the tribe head as the customary institutional administrator for the North Halmahera Pagu tribe was an unlawful act (PMH). Regarding loss of wealth (hermogenschade), compensation generally consists of compensation for losses suffered and also in the form of profits that one can expect to receive (gederfdewinst). In this regard, it is not as easy as predicted to determine the amount of compensation.
Legal Analysis of the Effective Use of School Operational Assistance Funds in North Halmahera District Rina Wahyuni; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 1 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.023 KB) | DOI: 10.46799/jss.v4i1.528

Abstract

Regulation of the Minister of Education and Culture Number 6 of 2021 Concerning the Technical Guidelines for Regular School Operational Assistance states that the purpose of providing BOS Funds is to help with school operational costs, increase flexibility and quality of learning for students. The government hopes that every poor citizen can get an education and experience a better teaching and learning process. school operations in North Halmahera Regency. This study uses qualitative research. The population study was all schools in West Kao District, North Halmahera Regency with a sample of 11 schools. This research was conducted from June to August 2022. The research instruments were interviews and observations. The results showed that the use of BOS funds had not been effective so that the quality of education was still relatively low.
Legal Accountability of Regional Company Management for Regional Capital Investment in PT. Aman Mandiri Masrida Masrida; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (85.131 KB) | DOI: 10.46799/jss.v4i2.539

Abstract

This study aims to analyze the effectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the implementation of local government in the era of regional autonomy, and How is legal responsibility for losses incurred by regional companies PT. The research method used in this study is a type of empirical legal research, namely research that looks at the application of laws and regulations in society. The research carried out includes the type of field qualitative research (field research), which is research that emphasizes the completeness of the data collected, namely in the form of primary and skunder data. The results of this study show that the effectiveness of regional companies PT. Bahari Aman Mandiri Tidore Islands City In the implementation of local government in the era of regional autonomy, there are at least two fundamental reasons that are the subject of research that can be the basis that the ineffectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the administration of local government.
The Existence of Customary Land Law of the Sultanate of Ternate After the Supreme Court Decision Number 57k/PDT/2017 Aprizal Midu; Husen Alting; Suwarti Suwarti
Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i6.668

Abstract

This study aims to analyze the existence of customary land law of the sultanate of Ternate before and after the Supreme Court Decision Number 57K/PDT/2017. Meanwhile, legal efforts to resolve customary land disputes of the Sultanate of Ternate after the enactment of Supreme Court Decision Number 57K/PDT/2017 provide benefits to the Regional Government or customary law communities. This type of research uses Empirical Juridical research, that is, this research in addition to using scientific methods also sees the reality in the field. Especially regarding the Legal Existence of Customary Land of the Sultanate of Ternate After the Supreme Court Decision Number 57k/Pdt/2017. Empirical Legal Research or field research is a method to obtain data directly from the Sultanate of Ternate as well as from the family of the Sultanate of Ternate and related Regional Governments. The results showed that the existence of customary land law of the sultanate of Ternate before and after the Supreme Court Decision Number 57K/PDT/2017. Prior to the enactment of Law Number 5 of 1960 concerning Land Principal (UUPA) and the Supreme Court Decision Number 57K/PDT/2017. Permanent rights consist of; Aha Kolano (sultan's right), Aha Soa (clan right), Aha Cocatu (individual right). Meanwhile, temporary rights consist of; Tolagumi Rights (Right to Avoid Bala), Safa Rights, Ruba Banga Rights (Demolishing Forests), and Jurame Rights, or one's right to a piece of land that has been cultivated. The polemic over land ownership at the location of the Jiko Malamo beach tourist attraction, West Ternate District emerged after the Supreme Court Decision Number 57K / PDT / 2017 over the Jiko Malamo land dispute lawsuit between Hamiru Haruna (Plaintiff) and Hamzah Kalepa (Defendant) has now become state-owned land. Settlement of Customary Land Disputes of the Sultanate of Ternate After the enactment of Supreme Court Decision Number 57K/PDT/2017 provides benefits to local governments, which should be on lands in the territory of the Sultanate of Ternate must first pay attention to the subject of these lands. Subjects who control the land according to swaparaja land law can be divided into 3 (three), namely the Sultan (Kolano), soa, and Individuals / legal entities. Lands controlled by individuals give civil authority to those who control them.