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Journal : Journal of the Community Development in Asia

Competency Standards for Law Enforcement Officials in Land Disputes Resolution Through General Court in Indonesia Rielly Lontoh; Ronny A. Maramis; J. Ronald Mawuntu; Abdurrahman Konoras
Journal of the Community Development in Asia (JCDA) Vol 4, No 3 (2021): Journal of The Community Development in Asia (JCDA)
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.67 KB) | DOI: 10.32535/jcda.v4i3.1177

Abstract

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.
The Principle of Justice and Its Relevance to The Position of The Debtor in The Execution of Fiduciary Guarantees Momuat, Yulia Vera; Maramis, Ronny A.; Frederik, Wulanmas A. P. G.; Kalalo, Merry E.
Journal of The Community Development in Asia Vol 6, No 3 (2023): Journal of The Community Development in Asia (JCDA)
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v6i3.2503

Abstract

In a contractual relationship, justice means assuring equality in the rights and obligations of parties in an agreement. This study analyzes the nature of justice regarding the position of debtors and creditors in a fiduciary guarantee agreement. The research method used for this study is the normative legal research method. The results of the study show that the nature of justice is important in a fiduciary guarantee agreement, particularly for the fair treatment of debtors and creditors. Justice must be appropriately applied to not harm the debtor and violate their rights. However, creditors also have a right to security over the credit provided; therefore, justice must be applied proportionally and transparently during each stage of the execution of fiduciary security. Due to this, it is important to determine the requirements and consequences of a breach of the debtor's obligations. Additionally, the principle of justice is also related to recognizing the debtor's rights to defend their interests and maintaining a balance between the rights of the debtor and the creditor. In conclusion, justice is an important principle in ensuring the execution of fiduciary guarantee agreements fairly and avoiding abuse or injustice in the process
The Principle of Justice and Its Relevance to The Position of The Debtor in The Execution of Fiduciary Guarantees Momuat, Yulia Vera; Maramis, Ronny A.; Frederik, Wulanmas A. P. G.; Kalalo, Merry E.
Journal of The Community Development in Asia Vol 6, No 3 (2023): September 2023
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v6i3.2503

Abstract

In a contractual relationship, justice means assuring equality in the rights and obligations of parties in an agreement. This study analyzes the nature of justice regarding the position of debtors and creditors in a fiduciary guarantee agreement. The research method used for this study is the normative legal research method. The results of the study show that the nature of justice is important in a fiduciary guarantee agreement, particularly for the fair treatment of debtors and creditors. Justice must be appropriately applied to not harm the debtor and violate their rights. However, creditors also have a right to security over the credit provided; therefore, justice must be applied proportionally and transparently during each stage of the execution of fiduciary security. Due to this, it is important to determine the requirements and consequences of a breach of the debtor's obligations. Additionally, the principle of justice is also related to recognizing the debtor's rights to defend their interests and maintaining a balance between the rights of the debtor and the creditor. In conclusion, justice is an important principle in ensuring the execution of fiduciary guarantee agreements fairly and avoiding abuse or injustice in the process
Competency Standards for Law Enforcement Officials in Land Disputes Resolution Through General Court in Indonesia Lontoh, Rielly; Maramis, Ronny A.; Mawuntu, J. Ronald; Konoras, Abdurrahman
Journal of The Community Development in Asia Vol 4, No 3 (2021): September 2021
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v4i3.1177

Abstract

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.
Co-Authors A. Valentino Sinaga Abdullah Marlang Abdurrahman Konoras Abdurrahman Konoras Abdurrahman Konoras Abraham Agung Poputra Adysto Dea Aminuddin Ilmar Arthur Piri Betsy A. Kapugu Brandon Ridle Julio Tumanduk Cahya Shinta Sakti Christian Christmas Sihombing Dani R. Pinasang Dani R.Pinasang Deasy Soeikromo, Deasy Deiby Rifka Purwanti Wagiran Dwi F. Mokoagow Elko Lucky Mamesah Emma V.T Senewe Equino Mikael Makadolang Febiola V Katiandagho Frederik, Wulanmas A. P. G. Friend H. Anis Gainau, Helben Giofani Omega Damar Grace H. Tampongangoy Grace H. Tampongangoy, Grace H. Grace tampongangoy Grace Yurico Bawole Helben Gainau Hermanus, Roger Inggrid Feinsiela Bawotong Ixel Meilissa Greymona Maramis J. Ronald Mawuntu Jastinra Paula Megaputri Mamalu Jeany Anita Kermite Jemmy Somdakh Justisi Devli Wagiu Kania Indah Putri Kesek Karmenita Sendi Bawinto Lendy Siar Lifking Novian Kandow Lontoh, Rielly Maarthen Y. Tampanguma Maarthen Youseph tampanguma Marthin L. Lambonan Martquery Herman Lewar Maryam Laomo Mawuntu, J. Ronald Mercy M. M. Setlight Meylicia Vinolitha Kamagi Mokaliran, Enjelina Venesia Momuat, Yulia Vera Natalia Lengkong Nataly Desnia Syaloomita Mukuan Pandelaki, Glenn Richard Petra J. Pelle Pinasang, Dani R. Preisy C.J. Mokoagouw Priscilla Sheren Sondakh Rangga Trianggara Paonganan Ratniasih, Ni Putu Priska Rielly Lontoh Rolando Ngenget Ryan Renova SABRINA SARAH SUMENDAP Sarah D. L. Roeroe Semboeng, Jessica Vallencia Senewe, Emma V. T. Serina Soriton Sinta Lamria Yulianti Siagian Sondakh, Devy K. G. Sondakh, Devy K.G. Suwarsono, Maria Angelina Theodorus Hendrik Willem Lumunon Thessalonika Gloria Kalalo Timotius Moris Tiwow Toar Neman Palilingan Waha, Caecilia J. J. Yusak M. Papendang