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All Journal Jurnal Hukum dan Keadilan Mediasi The 2nd Proceeding Indonesia Clean of Corruption in 2020" ARBITER: Jurnal Ilmiah Magister Hukum
Darwinsyah Minin
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Law, Crime, Criminology & Criminal Justice Other

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RECONSTRUCTION OF LAND USED RIGHT EIGENDOM VALUES BASED ON JUSTICE AND LEGAL CERTAINTY Hakim Tua Harahap; Darwinsyah Minin
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Eigendom rights is a right over the land west of Indonesia, including the rights of the fallen or been converted, by UUPA. UUPA determines that a conversion limit is per 24 September 1980. This means that the owner of the rights given 20 years to take care of the conversion. If the land is not converted, land rights eiqendom. back into the land controlled by the state. Many people tried to obtain recognition of the former land eigendom rights. Based on the formulation of the problem and research objectives, that the problem of this research included one land law policy in formulating the right to land former eigendom rights. Normative juridical approach used to determine the extent of legal principle, synchronization vertical / horizontal, and systemic law is applied, which is based on secondary data, namely primary legal materials, secondary, and tertiary. The results of the research that the conception of legal land ownership in Indonesia includes a system of feudal land law, land law west by Burgerlijk Wetboek (KUHPdt), customary land laws. Land administration system in Indonesia consists of land administration in the reign of the Netherlands, in the aftermath of independence before the entry into force of the UUPA, and according to the UUPA. Legal certainty of land rights through the conversion of the former eigendom apply for rights under the UUPA. Reconstruction of the right to land the former right eigndom based on values of justice and the rule of law, namely, Article 24 of Government Regulation No. 24 of 1997 reconstructed by adding the provisions of paragraph (3), which reads: That the provisions referred to in paragraph (2) give the right priority to the filing acquire rights on the ground as the provisions of the Basic Agrarian Law. Thereby granting the priority right to apply for rights to land former eigendom rights to public tenants or people who control the land which has been controlled by the state, and because PT. Agra Citra Kharisma has provided compensation to the rights holders of priority, then the PT. Agra Citra Kharisma acquire a priority right to apply for rights eigendom vervording No. 33. That the need of holding a confirmation of the rules governing the rights eigendom lands is to avoid confusion which would certainly harm to all parties, especially the rightsholders on the ground eigendom. Keyword : Land, Justice, Legal Certainly
IDEAL RECONSTRUCTION OF REHABILITATION PUNISHMENT FOR NARCOTICS ADDICTS AND ABUSER'S VICTIMS JUSTIFIED BASED ON THE LAW OF THE REPUBLIC OF INDONESIA NO. 35 YEAR 2009(CASE STUDY IN SUMATERA UTARA PROVINCE) Ahmad Zaini; Gunarto Gunarto; Darwinsyah Minin
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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The Law of The Republic of Indonesia No. 35 year 2009 article 54 states that every drug addicts and abusers’ victims shall undergo medical rehabilitation and social rehabilitation, affirmed on article 103 that explains the Judge who examines the case of narcotics addicts, may decide to order the concerned to undergo treatment and/or treatment through rehabilitation, if the narcotics addict are proven guilty of a crime of narcotics, or set out to order the concerned to undergo treatment and/or treatment through rehabilitation, if the Narcotics Addict is not found guilty of a crime of Narcotics. For the Law of The Republic of Indonesia No. 35 year 2009 above to be done, a Joint Regulation between 7 (seven) Ministries/Institutions about The Handling of Narcotics Addicts and Abuser’s Victims into Rehabilitation Institutions was made in order to create an equation of perception about the punishment that should be dropped for narcotics addicts and abuser’s victims defendants is for them to be punished or set in to rehabilitation. However, in Sumatera Utara Province the narcotics addicts and abusers victims defendants are obviously set to be imprisoned for 2 – 4 years long, or even more. In other words, the rehabilitation penalty is still so far from expectation compared to imprisonment. The purpose of this script is to acknowledge the obstacles and interferences that cause the Judge to set the narcotics addicts and abuser’s victims defendants into imprisonment more than to order and/or set them out to undergo rehabilitation treatment. It is also to look further to the investigation process by the investigator, continued by the prosecution by the Prosecutor, up until the Judge’s judgement and its implementation in correctional facilities or rehabilitation institutions. Furthermore, the ideal reconstruction that should be done in order to the Law of The Republic of Indonesia No. 35 year 2009 about the narcotics addicts and abuser’s victims to be effectively functionate, where the punishment of the narcotics addicts and abuser’s victims is to be judged or set out to undergo treatment through rehabilitation. The theories used in this research are 1) Grand theory, which is The Theory of Justice, 2) Middle theory, which consists of Theory of Protection and Theory of the Work of Law, 3) Applied Theory, which includes The Theory of The Purpose of Law and The Theory of Progressive Law. The Law of The Republic of Indonesia No. 35 year 2009 is based on justice, therefore it needs some reconstruction on the article 127 so that it would not create any doubt in the action because it is considered to develop ambiguous interpretation due to its indecisiveness that leads it to be the last article of the law in judging the narcotics addicts and abuser’s victims defendants position. The reconstruction of The Law of The Republic of Indonesia No. 35 year 2009 article 127 is expected to deprive the interpretation dualism of the narcotics addicts and abuser’s victims defendants.Keywords : Rekonstruction, Rehabilitation Punishment, Narcotics Addicts and Abuser’s Victims.
RECONSTRUCTION OF DIVERSION CONCEPT IN CHILD PROTECTION OF CONFLICT WITH THE LAWS BASED ON THE VALUE OF JUSTICE Ulina Marbun; Darwinsyah Minin
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A paradigm of punishment for children in Juvenile Criminal Justice System has been changing form retibutive approach toward restorative justice approach.. Diversion is used as an instrument of restorative justice impelementation, Diversion plays dominant role to fix the crime that has done by children. However, not all children have the right to receive diversion. There are the requirements to be applied. Article 7 (2) Law Number 11 of 2012 of Juvenile Criminal Justice System, establish the requirements are under 7 years imprisonment, and not a repetition. The requirements are not reflecting the theory of justice. Children who are threatened by imprisonment over 7 years would not have the right to get diversion. Then, success rate for implementation of diversion is low, it caused by law enforcer can not establish good communication among the parties. In addition, the implementation of diversion is taken place at the police station has contributed as factors of failure of the diversion. Framework in this study is the diversion has become the rights of every child in Juvenile Criminal Justice System, and definition of the diversion should be able to create a paradigm of restorative justice approach in the juvenile criminal justice system. The research method u in this study used doctrinal research method or normative research that study baout law which is drafted and developed by the basis of the doctrine. Based on the study that has been done, the application of diversion based on Law No, 11 of 2012 of Juvenile Criminal Justice System Children is unable to reflect the values of justice, it caused by the requirements, where the approach of restorative justice reflects the principle of justice, as intended by Aristotle in the theory of distributive justice and corrective justice. The conclusion of this research are: First, the protection of children in accommodated in the Law No. 11/2012 of Juvenile Criminal Justice System, but the concepts could not provide the protection in a holistic manner. Secondly, these obstacles (in implementation of diversion) because of culture (retibutive), although the juvenile criminal justice system has adobted teh restorative approach. Third, reconstruction of diversion must be built by the constructing diversion concept paradigm, so every child without exception has the rights to get diversion. Keyword: Divertion Concept, Child Protection, Juvenile Cryminal Justice System
Co-Authors Adi Mansar Ahmad Zaini Gunarto Gunarto Hakim Tua Harahap Hery Widijanto Isnaini Isnaini Jufri Ghalib Nur Hikmah Pasaribu, Enni Martalena Pratama, Amri Ramadhan, M. Citra Ramon Nofrial Salomo Ginting Silaban, Jefriadi Tambunan, Poltak M. Ulina Marbun Utary Maharani Barus, Utary Maharani Zul, Muaz