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All Journal Yustisia Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Journal of Indonesian Legal Studies Hasanuddin Law Review Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada YUSTISI International Journal of Supply Chain Management Jurnal Analisis Hukum Yustisi: Jurnal Hukum dan Hukum Islam SABURAI INTERNASIONAL JOURNAL OF SOCIAL, SCIENCES, AND DEVELOPMENT (Saburai-IJSSD) International Journal of Educational Research and Social Sciences (IJERSC) JHCLS Journal of Law, Society, and Islamic Civilization Volksgeist: Jurnal Ilmu Hukum dan Konstitusi POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Journal of Comprehensive Science Journal of Law, Poliitic and Humanities Al-Istinbath: Jurnal Hukum Islam Jurnal Hukum dan HAM Wara Sains Journal of Sustainable Development and Regulatory Issues MILRev: Metro Islamic Law Review Causa: Jurnal Hukum dan Kewarganegaraan Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Politika Progresif : Jurnal Hukum, Politik dan Humaniora Asian Journal of Social and Humanities Prosiding Seminar Nasional Ilmu Pendidikan Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice Majelis: Jurnal Hukum Indonesia Greenation International Journal of Law and Social Sciences International Journal of Society and Law Jurnal Cendekia Ilmiah Siber International Journal of Advanced Law Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Prosiding Seminar Nasional Ilmu Manajemen Kewirausahaan dan Bisnis Prosiding Seminar Nasional Ilmu Hukum Jurnal Hukum, Administrasi Publik dan Negara Technology and Economics Law Journal Contrarius
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Discourse on Legal Expression in Arrangements of Corruption Eradication in Indonesia Hidayat, Shubhan Noor; Karjoko, Lego; Hermawan, Sapto
JILS (Journal of Indonesian Legal Studies) Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i2.40670

Abstract

The purpose of this research is to explain and examine the expansion of the absolute competence of the Administrative Court (hereinafter referred to as PTUN) after the Government Administration Law is promulgated and the implications of the application of the Administrative Law on legal certainty to eradicate and enforce corruption in Indonesia. This research uses a normative juridical research method and uses a statutory approach (statute approach). The results showed "that there are several forms of expansion of PTUN competencies, such as the authority that acts factually, the authority, administrative authorization, decide on positive fictitious decisions, and discretionary trials". Meanwhile, the implications of the Government Administration Law on corruption are known as corruption crimes, which are true. So, in this context, there are at least two problems, namely: “1. If the authorized court case is carried out by the state government which is submitted to the court simultaneously, to the State Administrative Court and to the District Court in a corruption case? 2. If at any time a PTUN decision has been issued stating that it is not authorized, but there is also a party who submits the case to the District Court on charges of corruption. What is the attitude of the District Court, whether to accept the PTUN decision on the case or choose to override the PTUN decision”. So the author is of the view that in this case there is concern that it will complicate the prosecution or eradication of criminal acts of corruption in the case of abuse of authority committed by government officials.
Discourse on Legal Expression in Arrangements of Corruption Eradication in Indonesia Hidayat, Shubhan Noor; Karjoko, Lego; Hermawan, Sapto
JILS (Journal of Indonesian Legal Studies) Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i2.40670

Abstract

The purpose of this research is to explain and examine the expansion of the absolute competence of the Administrative Court (hereinafter referred to as PTUN) after the Government Administration Law is promulgated and the implications of the application of the Administrative Law on legal certainty to eradicate and enforce corruption in Indonesia. This research uses a normative juridical research method and uses a statutory approach (statute approach). The results showed "that there are several forms of expansion of PTUN competencies, such as the authority that acts factually, the authority, administrative authorization, decide on positive fictitious decisions, and discretionary trials". Meanwhile, the implications of the Government Administration Law on corruption are known as corruption crimes, which are true. So, in this context, there are at least two problems, namely: “1. If the authorized court case is carried out by the state government which is submitted to the court simultaneously, to the State Administrative Court and to the District Court in a corruption case? 2. If at any time a PTUN decision has been issued stating that it is not authorized, but there is also a party who submits the case to the District Court on charges of corruption. What is the attitude of the District Court, whether to accept the PTUN decision on the case or choose to override the PTUN decision”. So the author is of the view that in this case there is concern that it will complicate the prosecution or eradication of criminal acts of corruption in the case of abuse of authority committed by government officials.
The Principles Of Land Lease Agreement And The Formulation Of Profit Sharing In The Framework Of Building Right Titles And The Rigt To Use Titles Hasmonel Hasmonel; Lego Karjoko
Saburai International Journal of Social Sciences and Development Vol 1, No 2 (2017)
Publisher : University of Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/saburaiijssd.v1i2.247

Abstract

This research is a formulation model of profit sharing principle in land lease agreement in the framework of giving Building Rights Titles / Right to Use Titles which aims to resolve land conflicts as a result of the imbalance of agrarian structure in Indonesia and to balance the rights and obligations in land lease the provision of Building Right Titles (HGB), as well as formulating the principle of profit sharing principle in the land lease agreement in the framework of awarding Building Right Titles (HGB) / Right to Use Titles above Freehold Titles. This research used qualitative research method with symbolic interaction as research strategy, that is, reconstruct adjustment of action from three subject of legal relation that is holder of HGB / Freehold Titles, holder of Freehold Titles (HM) and National Land Agency.The conclusion of this research suggests that the HM holder agreement with the HGB winner as a tenant is required to interfere with government policy, which is to harmonize and protect the interests of holders of Freehold Titles and tenants in the form of profit sharing principles in the provision of HGB / Right to Use Titles on Freehold Titles. begins with a land lease agreement, with the profit sharing principle having to consider the dominant factors affecting the amount of land rent that is just and sustainable, such as the location of the land, the selling value of the tax object, the market price of the land, the operational cost, and the existing building.
Pengaturan Tanah Baluwarti sebagai Kawasan Cagar Budaya yang Berbasis Budaya Hukum Jawa Lego Karjoko
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 21, No 1 (2009)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.394 KB) | DOI: 10.22146/jmh.16255

Abstract

The aim of this research is to describe the regulation of Baluwarti land. As agreement between Surakarta government, Baluwarti society and keraton Surakarta relatives about the meaning of keraton Surakarta and the property of Baluwarti land. This research uses quality method with socio-legal study approach. The data consist if primary and secondary sort. The sources of the first data are keraton Surakarta relatives, the apparatus of Surakarta government and Baluwarti society, while the second are public and personeal data and the legally data. There were two ways to teke the primary data, namely observation and interview. Secondary had been gathered through library study, analysis of document, archives, primary and secondary legal data. Trianggulation method had been used to check the validity of data. The analysist consist of three ways used in the same moment, namely data reduction, data serve and verification. The interpretation had been used to understand the meaning of the information and the relation among it. The composition of the meaning relation depents on the thougt frame of the informant. As result of the discussion of this research is the harmonious opinion between Surakarta gavernment, Baluwarti society and keraton Surakarta reltives thet keraton Surakarta is the adat institution. It is also the guardian of Javanese culture and the tourism destinatiun. Each of them uses legal culture of Javanese as their frame of opinion. The opinion of part of keraton Surakarta relatives that keraton Surakarta is the governance center can’t be received. Such opinion isn’t compatable with the aspiration of Surakarta government and Baluwarti society. It is also able to cause the social violetry. There is a different opinion between keraton Surakarta relatives, government of Surakarta and Baluwarti society about the meaning of property of Baluwarti land. According to Baluwarti society and Surakarta government, Baluwarti land is the state property. On the other side, as for keraton Surakarta relatives, Baluwarti land is Sinuhun property delegated to Parentah Keraton Surakarta. But actually the three sides have the same interest. All of them hope that the existention of keraton Surakarta can give them economic constribution. The same interest is the foudation of the regulation of Baluwarti society as the cultural guardian. The source of Baluwarti land is the nation property, while Surakarta government regulates the relation between Sri Susuhunan and keraton relatives, person and corporation with Baluwarti land. The owner of Baluwarti property is Sri Susuhunan as the chief of keraton Surakarta relatives.
‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law Karjoko, Lego; Iswantoro; Ramazanova, Makhabbat
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i3.49

Abstract

The lack of uniformity among judges in interpreting the criteria for buyers' good faith in land sale and purchase cases results in less favorable outcomes for buyers. This study aims to compare the regulations and implementations of the principle of good faith in land transactions in the United States, the Netherlands and Indonesia. Utilizing a statutory and conceptual approach, supplemented by comparative analysis, this research examines the relevant laws and concepts, including contractual rules and regulations governing sales and purchases. The findings indicate that the legal system significantly influences how countries regulate the principle of good faith—either concretely or abstractly. This influence is closely tied to the concepts of written legal sources, jurisprudence, and the practical application of the principle in statutory regulations. Generally, Indonesia, like other countries, faces challenges in implementing the principle of good faith, particularly for buyers, due to the lack of a definitive benchmark to assess whether agreements are executed in good faith and fairness. To address this issue, the regulation of good faith and its criteria should be clearly articulated in written laws. Ensuring that the principle of good faith is applied throughout the entire land buying and selling process—from pre-contractual stages to contract execution—is crucial for providing adequate protection for buyers acting in good faith.
The Principle of Proportionality in Anti-Pornography Law: Comparing Several Countries Sulistyanta, Sulistyanta; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego; Danendra, Ravi
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.70002

Abstract

The imperative role of anti-pornography laws in shielding the younger generation from the pervasive influence of explicit content is indisputable. Nevertheless, the critique leveled against the formulation of criminal sanctions within the ambit of anti-pornography legislation necessitates a rigorous examination of the principle of proportionality. To elucidate this issue, juridical normative research is paramount, with a particular focus on comparative analyses involving Law No. 44 of 2008 and corresponding anti-pornography statutes in Sweden, the Philippines, Malaysia, and India. The findings derived from this comparative investigation reveal several key insights. Firstly, a nuanced exploration exposes both commonalities and disparities in the patterns underpinning the formulation of anti-pornography statutes across these jurisdictions. Secondly, while there is alignment between the gravity of the offense and the severity of criminal sanctions, a notable deficiency surfaces in the failure to distinguish between first-time offenders and recidivists, thereby falling short of the fundamental principle of proportionality. Furthermore, a critical observation underscores the absence of rehabilitative measures for adult offenders grappling with pornography addiction, presenting a lacuna in the current legislative framework. Lastly, the relative nature of anti-pornography formulations from diverse nations underscores a compelling correlation between the legal stance on criminality and the prevailing moral ethos of the respective societies. This comprehensive analysis serves as a clarion call for a recalibration of anti-pornography legislation, aligning it more closely with the principle of proportionality and accounting for the nuanced considerations in rehabilitating offenders.
Aspects of Legal Certainty of Land Declaration Letters as Guidelines for Land Registration with Negative Stelse Chairunisa, Arrum; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.731

Abstract

Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the correctness of the data presented in the certificate. This briefly illustrates the condition that legal certainty is not guaranteed in land registration activities. Many people still think that the land statement they own is proof of ownership of land rights. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system does not apply forever. The negative publication system in Indonesia still adheres to positive elements, where the government will guarantee the correctness of the data presented after 5 years of the land being registered. These restrictions actually aim to provide legal protection for land owners, so that it is possible to file lawsuits by parties who feel entitled. This can be seen in land cases in the judicial process, such as the case of decision Number 160/Pdt.G/2020/PN Plk, where the Judge stated that the Land Declaration Letter was valid and had binding legal force in the name of Mr. Baturung. Land Statement Letter Number: 140,594/300 /KL-MTG/PEM. This research uses normative research methods accompanied by primary legal materials and secondary legal materials. To answer legal issues by describing, examining, studying and explaining accurately and analyzing applicable laws and regulations as well as various legal expert opinions, with the aim of getting answers to the problems raised. The Land Declaration Letter is a letter issued by the sub-district.
Land Declaration Letter As Proof Of Ownership Of Land Rights (Case Study In Palangka Raya City) Chairunisa, Arrum; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.735

Abstract

Land declaration (SPT) is the basic proof of ownership of a plot of land controlled by a person or legal entity. This right is generally used as a condition in the application process for the issuance of certificates of property rights by the National Land Agency. There are still many people who think that the Declaration of land owned is proof of ownership of land rights. It appears in many land cases in the judicial process. There are usually disputes between certificates and certificates, certificates and land certificates, or double certificates. However, the case that I take in this journal is taken from the decision of Case Number 160/Pdt.G / 2020 / PN Plk, which the judge declared valid and had legal force to bind the land declaration letter in the name of Mr. Basuki. Number: 140.594/300/KL-MTG/PEM Declaration of Land won from the Certificate of Title.. This study uses normative research methods that are accompanied by primary legal materials and secondary legal materials. To answer legal issues by describing, reviewing, reviewing, and explaining precisely and analyzing the applicable laws and regulations as well as from various legal expert opinions, in order to get answers to the problems raised.    
Effectiveness Of Electronic Holding Rights Registration (Ht-El) At The Tasikmalaya City Land Office Putri Herfawan, Maurynesa; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.746

Abstract

The emergence of technological developments has forced the Government to implement a new system in all fields, one of which is Electronic Mortgage Rights (HT-el) in order to speed up the land registration process at the National Land Agency (BPN). However, the system experienced various procedural and technical problems, such as system maintenance and errors in the HT-el registration process that occurred in Kantah, Tasikmalaya City. This study aims to analyze the implementation of the cancellation of Electronic Mortgage registration due to the delay in completing the registration file and the effectiveness of the implementation of electronic Mortgage registration at the Tasikmalaya City Land Office. This research is a sociological juridical legal research and uses descriptive qualitative analysis techniques. The results of this study indicate that a) the implementation of the cancellation of the Electronic Mortgage Right will result in the cancellation of the revocation and the system will automatically delete the registration application, so that the PPAT must submit a new HT-el registration application, issue a new PNBP Deposit Order for payment of re-registration, and The PPAT will still be held liable in a civil manner if there is a loss for the parties. And b) the effectiveness of the implementation of HT-el registration at the Tasikmalaya City Land Office at this time after the COVID-19 pandemic, it is felt that the HT-el registration process is quite good but not optimal because there are still several obstacles so that the implementation of HT-el is not in accordance with existing procedures on Juknis HT-el. There needs to be a solution to overcome the obstacles that occur internally and externally.
As A Result Of The Laws Of Buying And Sale Of Used Land Of Eigendom State Which Is Conducted Under Hands Al Ayubi, Aji Ilham; Karjoko, Lego; Waluyo, Waluyo
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.767

Abstract

The purpose of this research is to analyze the legal consequences of a land sale and purchase agreement under a former eigendom right (customary law) based on customary law and Government Regulation Number 24 of 1997 concerning land registration. The study also aims to construct the procedure for land registration applications on the former eigendom right based on current applicable regulations. This research adopts a normative legal research approach with legislative and conceptual approaches. The results of the research indicate that a land sale and purchase agreement under a former eigendom right cannot be registered with the land office as the institution issuing land certificates, even though the agreement is considered legally valid under customary law because it adheres to the principles of real, cash, and clear. The land office accepts the application for registration of land under the former eigendom right based on the regulations, namely the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 18 of 2021 concerning Procedures for Determining Management Rights and Rights to Land, Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 3 of 2020 concerning Procedures for Determining and Registering Rights to Land Formerly Owned by Individual Citizens of the Netherlands or Legal Entities Owned by the Netherlands, Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 16 of 2022 concerning Delegation of Authority for Determination of Land Rights and Land Registration Activities, and Minister of Finance Regulation Number 31/PMK.06/2015 of 2015 concerning Settlement of Former Foreign/Chinese-Owned Assets.
Co-Authors , Isharyanto Abdul Kadir Abdul Wahid Abidana Mazida Adam Ilham Fabian Agung Ariyanto AIDA FATMA Al Ayubi, Aji Ilham Albertus Sentot Sudarwanto, Albertus Sentot Anom Husodo, Jadmiko Ariandayu, Adinda Arief Hamdani Gunawan, Arief Hamdani Arthania, Yolva Febreight Auliyaa Martati Burhanudin Harahap Cania Prameswari Hadi Waluyo Chairunisa, Arrum Danendra, Ravi Desy Nur Aini, Fajar Dhea Putri Sri Wahyuniarti Dinda Putri Indrawan Elizabeth Ayu Puspita Adi Fandi Satria Fandra Mahira, Dararida Fathoni, M. Yazid Fatma Ulfathun Najicha Fatma Ulfatun Najicha Fitria Rahmawati Gusti Ayu Kade Harry Adhisukmawati, I Gusti Ayu Ketut Rachmi Handayani , I Gusti Ayu Ketut Rachmi Handayani, I Hamdani Gunawan, Arief Hanisa, Intan Hans Blix Baarixur Rahman Hari Purwadi Hartami, Annisa Hartiwiningsih Hartiwiningsih Hasmonel Hasmonel Hastuti, Intan Hermawan, Sapto Hersriavita, Sara Hidayat, Shubhan Noor I Gusti , Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani I Gusti Ketut Ayu Rachmi Handayani Intan Hanisa Irawati, Melania Isharyanto , Isharyanto Isharyanto Iswantoro Iswari, Fauzi Ketut Ayu Rachmi Handayani, I Gusti Ketut Rachmi Handayani, I Gusti Ayu Ketut Rachmi, I Gusti Ayu M. Giovani Fernanda MEGA TITIS ARUMDALU Meiliana Wanda Agesa Mohd Rizal Palil Muhammad Fathony Muhammad Restu Putra Pratama MUhammad Yusrizal Mutia Huda, Clarisa Nabila Rahma Safitri Nadinda Rahma Najicha, Fatma Ulfatun Nathania Olga Br Nababan Ninuk Triyanti, Ninuk Nur Sulistiyaningsih Nurjayatun, Nurjayatun Nyoman Satria Perwira, I Parakleyto Majma Al-Bahrayn Patarida Sitorus, Dian PELENGKAHU, Muhammad Rahjay Pujiono Suwadi Putri Herfawan, Maurynesa Rachmi Handayani, I Gusti Ketut Rachmi Handayani, I Gusti Ketut Ayu Rahayu Subekti Rahmadi, Aji Ramazanova, Makhabbat Randy Vallentino Neonbeni Ravi Danendra Reanda Nelis Rosita Candrakirana Rulla Paundryanagari Sahid Sugeng Santoso Sulistyanta Sulistyanta Suryajaya, Jonathan Chandra Tiara Kusuma, Dhika Tuhana Tuhana W. Wardhani, Dinar Waluyo Waluyo Wastuti, Asih Wida Astuti Widiatama Widodo Tresno Novianto Yoniawati, Popi Zaidah Nur Rosidah Zullaika Tipe Nurhidayah