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Journal : SCIENTIA JOURNAL : Jurnal Ilmiah Mahasiswa

ANALISIS YURIDIS TENTANG EKSISTENSI PENERAPAN HAK GUNA BANGUNAN DI KOTA BATAM Permana, Oki Lukas; Svinarky, Irene
SCIENTIA JOURNAL Vol 5 No 4 (2023): Scientia Journal
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/scientiajournal.v5i4.7857

Abstract

Problems regarding the Existence of the Application of Building Use Rights in Batam City are almost often not implemented properly and not in accordance with legal procedures. Basically, the use of Building Use Rights has been regulated in the Government Regulation of the Republic of Indonesia Number 40 of 1996 concerning Business Use Rights, Building Use Rights and Land Rights. However, in the implementation that is carried out there are still many that are not appropriate, there are still many governments and communities do not understand the use of Building Use Rights, how to obtain Building Use Rights. One of the factors or influences is the lack of government supervision, lack of socialization and the role of the government in ensuring the effectiveness and evaluation of the implementation of Building Use Rights. Therefore, the government needs to make efforts to improve the existence and effectiveness of the implementation of Building Use Rights in Batam City, such as conducting more intensive socialization to the community, increasing supervision of the use of Building Use Rights, and the active role of the Government in implementing Building Use Rights. This study aims to analyze the existence of the applicationof Right to Build (HGB) in Batam City in understanding how to obtain Right to Build and how the Right to Build can become a Right of Property in terms of applicable laws and regulations. The research method used is literature study and analysis of documents related to Building Use Rights in Batam City, sourced from journals, books, scientific papers, theses and other official documents.
ANALISIS IMPLIKASI ADAT YANG DI LANGGAR TERKAIT DENGAN PELANGGARAN HAK ASASI MANUSIA MENURUT HUKUM ADAT NUSA TENGGARA TIMUR (KABUPATEN SUMBA) Khalik Salim, Idgham; Svinarky, Irene
SCIENTIA JOURNAL Vol 6 No 2 (2024): Scientia Journal
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/scientiajournal.v6i2.8545

Abstract

Indonesia is a country with diverse ethnicities, cultures and customs. Each tribe has customary law toregulate the behavior of its people, such as Sumba Island with the customary law of Piti Maranggangu(arrest marriage). Arrest marriage is a process where a woman is taken by force to become a wife. Theaim of this research is to determine whether customary criminal cases can be linked to Indonesian positivelaw in terms of human rights violations. Normative legal research is used by the author as a type ofresearch in this research to explain Customary law that lives in society is unwritten law, and lives in themidst of traditional society which is inherited from ancestors. The nature of the research used isdescriptive. The discussion in this research is the application of the customary law of marriage andcapture which is a living tradition in society which is rseflected in their patterns of action in accordance withtheir customs and socio-cultural patterns. In the 1945 Constitution, Article 18B section (2) emphasizes therecognition and respect for the unity of customary law communities and their rights by the state as long asthey are in line with the constitution, but in reality there are still customary laws whose customarysanctions violate the constitution and also violate human rights based on Law Number 39 of 1999concerning Human Rights.