Fajar Rachmad Dwi Miarsa
Universitas Maarif Hasyim Latif Sidoarjo

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Contempt of Court dalam Pelaksanaan Putusan PTUN: Suatu Perbandingan Indonesia dan Prancis Fajar Rachmad Dwi Miarsa; M Zamroni; Ahmad Heru Romadhon; Cholilla Hazir Adhaningrum
Journal of Judicial Review Vol 23 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v23i1.4351

Abstract

The aim of comparing the TUN judicial system in France with the Indonesian state is to provide an analysis of the competence of state administration justice in France (its administrative court), particularly regarding the administrative or technical implementation of the judiciary. This can provide direction for the ius constituendum in the competence of the Indonesian State Administrative Court, as well as explain contempt of court actions in the implementation of TUN Judicial decisions between Indonesia and France. The research was conducted using a normative juridical approach and has a literary nature. The Indonesian state administration court system still expects an ius constituendum regarding contempt of court regulation. The French state is known as a country that has judicial authority in the world so that the French state does not recognize contempt of court in the application of the TUN court decision.
Settlement of Disputes over Rice Field Land Ownership Rights Due to Unauthorized buying and selling Wahyu Prawesthi; Mohammad Dwi Febriyanto; Fajar Rachmad Dwi Miarsa
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.190

Abstract

Rice field land is a general term such as forest land, plantation land and so on. All kinds of soil can be cultivated as long as it has sufficient water availability. Problems with land are quite serious. So that handling must also be done seriously. Both through prefective means, namely by providing understanding by related devices or institutions and by repressive means or resolution due to disputes. In this way, it is hoped that the community can understand the validity of buying and selling land and its settlement. So that rice field land disputes due to buying and selling do not have an impact on agricultural activities. This study uses a type of normative juridical legal research, namely legal research conducted by examining primary legal materials in the form of laws and regulations and secondary legal materials or legal materials in the form of supporting library materials for primary legal materials. The buying and selling process is legally valid if material conditions are met. In relation to the rules governing the authority and competence of the parties, as well as the fulfillment of conditions by the buyer to become the holder of the right to the purchased land. The validity of buying and selling paddy fields is the same as buying and selling land in general. The sale and purchase of paddy fields is canceled if it can cause a reduction in the minimum limit of agricultural land ownership. Dispute resolution can be done through litigation and non-litigation resolution. The advantage obtained when using litigation settlement is that it has definite legal force and is final.