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Arikha Saputra
Universitas Stikubank (Unisbank)
Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : Awang Long Law Review

 1 
SETTLEMENT OF LAND OWNERSHIP DISPUTES BETWEEN MM LACHINSKY AND NY CAECILIA Marshella, Evi; Arikha Saputra
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.856

Abstract

The most fundamental thing about the modus operandi of violations in the implementation of Agrarian Law is the error in understanding, recognizing and applying the conversion of land rights from before and after the enactment of UUPA No. 5 of 1960. Apart from that, the worst thing is that there have been actions, among others, legalizing the mutation of documents with legal defects, the wrong application of the relevant law, changing the measuring papers to pictures of the situation and the mistakes of law enforcers and law enforcement. The results of this study indicate that the Basic Agrarian Law has never regulated that since the enactment of the Law, lands owned by citizens and foreigners have become land controlled by the State. Conversely, when the law is enacted, the old land rights must first apply the conversion provisions that are relevant to the position of the case, in this case are Article 1 paragraph (3), (4), (5) Provisions Conversion of UUPA and Article 12. These regulations are actually looser for foreign citizens who are being burdened with former rightsground lease. This concession and protection are explicitly or implicitly stated in these regulations, namely when there are obstacles for foreign nationals to obtain land conversion e.I dobecome property rights based on Article 1 paragraph (1) of the UUPA Conversion Provisions No. 5 of 1960, then article 1 paragraph (3) protects foreign ownership through conversion to building use rights referred to in article 35 paragraph (1) UUPA No. 5 of 1960. Whereas according to Article 36 paragraph (1) point a. Building use rights are forcitizen Indonesian only.
IMPLEMENTATION OF GO RIDE PASSENGER INSURANCE IN ONLINE TRANSPORTATION DUE TO ACCIDENTS Saputra, Arikha; Listyorini, Dyah
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.999

Abstract

The presence of online transportation is considered to really help the community in the process of mobilizing goods or people. Online transportation is currently very popular among the public, because online transportation is considered cheap and practical. Transportation is a system consisting of facilities and infrastructure, supported by management and human resources which form a service network that functions as a driver, driver and supporter of development. Protection by providing compensation for losses is an important basic basis in insurance, requiring the company to have a legitimate financial interest in the object or event being insured. In the context of online transportation, it is important for companies like Gojek to apply this principle in passenger accident life insurance. This research is a legal research using a normative juridical approach. The specifications of this research are analytical descriptive, because this research can provide a comprehensive, systematic picture and analysis of the realities in the field, especially regarding liability and insurance protection contained in legislation. Data collection is carried out by making observations and using applicable legislation. In carrying out transportation activities other than carrying out passenger trips, the transportation service provider is obliged to insure its liability, meaning that the public transportation company is obliged to compensate for losses suffered by passengers or goods senders due to negligence in carrying out transportation services. Based on article 237 paragraph (1) of the Road Traffic and Transportation Law, it is stated that public transportation companies are obliged to participate in an accident insurance program as a manifestation of their responsibility for insurance coverage for victims and public transportation companies are obliged to insure people employed as vehicle crew. The form of insurance protection provided by Gojek to passengers who use its services is the application of Article 302 of the Criminal Code. The online transportation service provider company Gojek provides insurance to passengers to ensure that travel is protected because passenger safety is Gojek's priority. The form of insurance protection for passengers in Gojek online transportation is stated in the GoRide Pasangger Insurance provisions.
SETTLEMENT OF LAND OWNERSHIP DISPUTES BETWEEN MM LACHINSKY AND NY CAECILIA Marshella, Evi; Arikha Saputra
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.856

Abstract

The most fundamental thing about the modus operandi of violations in the implementation of Agrarian Law is the error in understanding, recognizing and applying the conversion of land rights from before and after the enactment of UUPA No. 5 of 1960. Apart from that, the worst thing is that there have been actions, among others, legalizing the mutation of documents with legal defects, the wrong application of the relevant law, changing the measuring papers to pictures of the situation and the mistakes of law enforcers and law enforcement. The results of this study indicate that the Basic Agrarian Law has never regulated that since the enactment of the Law, lands owned by citizens and foreigners have become land controlled by the State. Conversely, when the law is enacted, the old land rights must first apply the conversion provisions that are relevant to the position of the case, in this case are Article 1 paragraph (3), (4), (5) Provisions Conversion of UUPA and Article 12. These regulations are actually looser for foreign citizens who are being burdened with former rightsground lease. This concession and protection are explicitly or implicitly stated in these regulations, namely when there are obstacles for foreign nationals to obtain land conversion e.I dobecome property rights based on Article 1 paragraph (1) of the UUPA Conversion Provisions No. 5 of 1960, then article 1 paragraph (3) protects foreign ownership through conversion to building use rights referred to in article 35 paragraph (1) UUPA No. 5 of 1960. Whereas according to Article 36 paragraph (1) point a. Building use rights are forcitizen Indonesian only.
IMPLEMENTATION OF GO RIDE PASSENGER INSURANCE IN ONLINE TRANSPORTATION DUE TO ACCIDENTS Saputra, Arikha; Listyorini, Dyah
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.999

Abstract

The presence of online transportation is considered to really help the community in the process of mobilizing goods or people. Online transportation is currently very popular among the public, because online transportation is considered cheap and practical. Transportation is a system consisting of facilities and infrastructure, supported by management and human resources which form a service network that functions as a driver, driver and supporter of development. Protection by providing compensation for losses is an important basic basis in insurance, requiring the company to have a legitimate financial interest in the object or event being insured. In the context of online transportation, it is important for companies like Gojek to apply this principle in passenger accident life insurance. This research is a legal research using a normative juridical approach. The specifications of this research are analytical descriptive, because this research can provide a comprehensive, systematic picture and analysis of the realities in the field, especially regarding liability and insurance protection contained in legislation. Data collection is carried out by making observations and using applicable legislation. In carrying out transportation activities other than carrying out passenger trips, the transportation service provider is obliged to insure its liability, meaning that the public transportation company is obliged to compensate for losses suffered by passengers or goods senders due to negligence in carrying out transportation services. Based on article 237 paragraph (1) of the Road Traffic and Transportation Law, it is stated that public transportation companies are obliged to participate in an accident insurance program as a manifestation of their responsibility for insurance coverage for victims and public transportation companies are obliged to insure people employed as vehicle crew. The form of insurance protection provided by Gojek to passengers who use its services is the application of Article 302 of the Criminal Code. The online transportation service provider company Gojek provides insurance to passengers to ensure that travel is protected because passenger safety is Gojek's priority. The form of insurance protection for passengers in Gojek online transportation is stated in the GoRide Pasangger Insurance provisions.
Co-Authors Adi Suliantoro Adi Suliantoro Adrian Avan Rizqy Saputra Alda Meydiyana Sagita Alfiana, Ana Analia, Rindu Bening Anisa Putri Agustin Annisa Auwla Fil Ibadiyah Ardhan Ardiyanto Aris Nursetyabudi Asyifa Nasyadira Bayu Kurniawan Choiril Ilham, Priambudi Della Cahaya Ningrum Dilaga, Daniel Dikya Dyah Listiyorini Dyah Listyarini Dyah Listyarini Dyah Listyarini, Dyah Dyah Listyorini Dyah Listyorini Fitika Andraini Fortuna, Arina Dewi Hana Nur Falinda Hapsari, Herning Tyas Setyo Hermawan, M. Ibnu Ibadiyah, Annisa Auwla Fil Indra Cahyaning Widhi Siswoyo Khairul Habibi Listiyorini, Dyah Listyorini, Dyah M. Rizal Fachruddin Marshella, Evi Maulyda Zulfa Fajri A Mita Ayu Larasati Muhammad Tirta Aji Nughroho Mukti Sari Muzayanah Muzayanah Muzayanah Muzayanah Novendra, Agista Yusuf Putra, Reza Adi Sanistya Ardi Lestari Septiyanto, Raskhafi Fajar Suciyaningsih Surya Darma Susanto, Albertus Fredi Syahrul R, Syahrul Teguh Wahyu Akbari Tiara Cantika Puja Ramadani Tiara Cantika Puja Ramadani Wulan Ndari, Mita Yohanes Setyo Budi Gunawan Yuli Antono, Vydo