Garuda - Garba Rujukan Digital

UNDANG-UNDANG PEMERINTAH ACEH DAN PENANAMAN MODAL DI PROVINSI ACEH Muhammad insa ansari
Jurnal Ekonomi dan Pembangunan Vol 9, No 1 (2018): Jurnal Ekonomi dan Pembangunan
Publisher : Bappeda Provinsi Aceh

ABSTRAK Undang-Undang Pemerintahan Aceh (UUPA) lahir dalam rangka mengakhiri konflik antara Pemerintah Republik Indonesia (RI) dan Gerakan Aceh Merdeka (GAM). Dalam kaitannya dengan perekonomian, UUPA mengatur hal yang berkaitan dengan penanaman modal. Dimana dalam UUPA mengatur kewenangan Pemerintah Aceh dan Pemerintah Kabupaten/Kota di Provinsi Aceh dalam halnya penanaman modal. Artikel ini secara normatif mengkaji dan menelaah perkembangan penanaman modal dalam kurun waktu empat tahun sebelum berlakunya UUPA dan empat tahun setelah berlakunya UUPA. Kajian dilakukan dengan menggunakan metode penelitian hukum normatif. Dalam penelitian hukum normatif ini digunakan bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Berdasarkan kajian menunjukkan: pertama, bahwa penanaman modal asing maupun penanaman modal dalam negeri pada masa empat tahun sebelum berlakunya UUPA masih belum berkembang dengan baik; kedua, bahwa penanaman modal asing maupun penanaman modal dalam negeri pada masa empat tahun setelah berlakunya UUPA telah menunjukkan perkembangan meskipun belum signifikan. Untuk itu disarankan kepada Pemerintah Aceh untuk melakukan upaya-upaya lain untuk mendorong pertumbuhan penanaman modal di Provinsi Aceh. Kata Kunci: UUPA, Penananaman Modal Asing, Penanaman Modal Dalam Negeri.

DEFAULT IN THE SALE AND PURCHASE AGREEMENT OF A SHOPHOUSE IN NON-CASH AND ITS CONSEQUENCES ON HEIRS Panji Maulana; Muhammad Insa Ansari; Teuku Saiful
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.719

In binding the sale and purchase agreement between two parties must be carried out and obeyed in accordance with Article 1338 paragraph (1) of the Civil Code states that an agreement made legally will bind the parties as binding as the law and become law for them. The agreed agreement will give birth to obligations that must be carried out by the parties, if not carried out, there will be default due to breach of the agreed agreement. As happened between Baniyamin as the buyer and the late Muhammad Husen as the seller in the binding of the shophouse sale and purchase agreement, there was a default due to the seller not delivering the object of sale and purchase, the buyer had fully paid the price of the shophouse but did not get his rights so that the buyer was disadvantaged in the sale and purchase agreement. The results showed that the buyer made several efforts to obtain his compensation rights for defaults made by the heirs starting from family settlements, giving warning letters twice but there was still no response, and filing a default lawsuit to the Court. The heirs' responsibility for the testator's debt initially planned to pay Rp. 50,000,000. This amount is insufficient from the total loss suffered by the buyer, so that at the time of mediation in the Court the buyer gave the option to the heirs to be able to make payments in stages with a minimum of paying half of the total loss suffered, but the heirs were not able to do so.

Legal Protection for Vehicle Owners in Lawsuits for Unlawful Acts of Confiscation of State Land: Review of Decision 27/Pdt.G/2019/Pn.Tbk Handika Ramadhan; Muhammad Insa Ansari; Muhammad Adli
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.700

This study examines the legal protection of the owner of the means of transportation in cases of unlawful acts (PMH) related to state deprivation, based on the Study of Decision Number 27/Pdt.G/2019/Pn.Tbk. The main focus of this study is to analyze the legal position of the owner of the transportation facilities who are not directly involved in the crime, but suffer losses due to acts of confiscation by the state. The research method used is empirical normative with a case study approach. The results of the study show that the court in the decision did not provide adequate protection for the civil rights of the owner of the means of transport, even though there was no evidence of direct involvement in the crime. This decision indicates the weak legal protection for third parties in good faith and the importance of strengthening the principle of due process of law in the process of confiscation by the state so as not to violate legitimate civil rights. This study recommends the need for a clearer regulation of the mechanism of objection and restoration of rights for parties aggrieved by acts of state deprivation.

Legal Protection for Heirs in a Dispute Over a Shophouse Sale and Purchase Agreement Panji Maulana; Muhammad Insa Ansari; Teuku Saiful
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.763

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.

Regulatory Analysis of Electronic Wallet Intan Rachmadhani; Muhammad Insa Ansari; Teuku Saiful
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.897

The advancement of financial technology has resulted in the creation of electronic wallets that serve not only as payment instruments but also as platforms for electronic transactions and digital loan services. This situation engenders a conflict between the implementation and the prevailing regulation, specifically Bank Indonesia Regulation Number 18/40/PBI/2016 regarding Payment Transaction Processing, which raises concerns about legal certainty and user protection, particularly in relation to the delineation of supervisory authority between Bank Indonesia and the Financial Services Authority. This research aims to elucidate the regulation of electronic wallets in terms of legal clarity, legal protection, and oversight by the Financial Services Authority and Bank Indonesia concerning the adoption of electronic wallets. This study employs a normative legal methodology. Data is derived from secondary sources, encompassing primary, secondary, and tertiary legal literature. This study employs both a legislative and a conceptual methodology. The research findings suggest that the regulation of electronic wallets, as per Bank Indonesia Regulation, has not entirely met user requirements. Bank Indonesia Regulation Number 18/40/PBI/2016, on the Implementation of Payment Transaction Processing, does not explicitly address legal certainty and legal protection for users who deposit funds or utilise digital loan services on electronic wallets. This situation establishes a disparity between regulatory implementation and governing rules, which may result in insufficient oversight of electronic wallet operations and a discord of authority between Bank Indonesia and the Financial Services Authority regarding the supervision of financial transactions in Indonesia.

Legal Protection for Creditors in Relation to Unregistered Fiduciary Security Nurul Fitria Zulmi; Muhammad Insa Ansari; Muhammad Ya’kub Aiyub Kadir
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.949

Law Number 42 of 1999 concerning Fiduciary Security requires every object encumbered with fiduciary security to be registered at the Fiduciary Registration Office. Such registration constitutes a constitutive requirement for the establishment of proprietary rights that grant creditors preferential status and executorial authority. Nevertheless, in practice, unregistered fiduciary security agreements are still frequently encountered, giving rise to legal issues concerning creditor protection and legal standing. This study aims to examine the forms of legal protection available to creditors, the legal consequences of unregistered fiduciary security, and the implications of Constitutional Court Decision Number 18/PUU-XVII/2019 on creditor protection. This research employs a normative legal method using statutory and conceptual approaches. The data were obtained from primary, secondary, and tertiary legal materials, which were subsequently analyzed qualitatively. The findings indicate that legal protection for creditors is provided through notarial deeds, fiduciary registration, and fiduciary certificates that establish preferential rights and executorial power. In contrast, unregistered fiduciary security does not create proprietary rights, resulting in creditors being positioned merely as concurrent creditors under Articles 1131 and 1132 of the Indonesian Civil Code. This study recommends that the government improve the effectiveness of the fiduciary registration system through procedural simplification and the strengthening of electronic administrative systems. Furthermore, financing institutions and banks should consistently register fiduciary security in order to ensure optimal legal certainty and protection.

Legislation’s Disharmony in Addressing Child Exploitation Jannah, Rauzatul; Mohd. Din; Muhammad Insa Ansari
International Journal of Sociology and Law Vol. 3 No. 2 (2026): May: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i2.963

Child exploitation is a multifaceted socioeconomic problem and continues to be a significant difficulty in Indonesia. The prevention of child exploitation is normatively governed by several legislative instruments, including Law Number 35 of 2014 on Child Protection, Law Number 13 of 2003 on Manpower, Law Number 21 of 2007 on the Eradication of Trafficking in Persons, Law Number 12 of 2022 on Sexual Violence Crimes, Aceh Qanun Number 11 of 2008 on Child Protection, and Aceh Qanun Number 7 of 2014 on Manpower. The multiplicity of this legislation has resulted in legal issues characterised by norm disharmony, so undermining the efficacy of child protection. This research aims to examine the disagreement among rules concerning child exploitation. The employed research method is normative legal research, utilising a legislative approach. The utilised data sources comprise secondary data, including primary, secondary, and tertiary legal materials, gathered through literature review and analysed qualitatively in a descriptive manner. The research findings indicate a lack of coherence in legislation both horizontally and vertically, encompassing inconsistencies in the definition of child exploitation, variations in the minimum age for child employment, discrepancies in criminal penalties, misalignment in the regulation of sexual exploitation, and divergences between national laws and the Aceh Qanun.

Aceh Government's Responsibility in Implementing Mandatory Affairs in the Health Insurance Sector Teuku Rahmat Azhar; Efendi Efendi; Muhammad Insa Ansari
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.880

Based on Law No. 11 of 2006 and Qanun Aceh No. 4 of 2010, the Government of Aceh has special authority in implementing prioritized health services for poor communities as part of its special autonomy. In practice, the Aceh Health Insurance (JKA) program provides health coverage for all Acehnese residents, including underprivileged groups, by covering insurance contributions and several referral and companion costs not fully guaranteed by the national health insurance system. This study aims to analyze the implementation system of JKA, examine the responsibility of the Aceh Government in providing health insurance for its citizens, and evaluate the government’s obligation to pay contributions for poor participants. This research uses an empirical juridical method with a sociological approach and utilizes both primary and secondary data. The results show that several provisions in the Qanun as the legal basis for JKA implementation are not fully aligned with field conditions and the Social Security Administrator Law. In practice, the Aceh Government bears insurance contributions and various referral costs for residents, including poor communities. Although the obligation to pay contributions for the poor has been implemented, funding for referral transportation, companions, and their consumption has not been fully covered, especially for inter-regional advanced healthcare services. Therefore, the Aceh Government needs to revise Article 43 of Qanun Aceh No. 4 of 2010 and evaluate the JKA program to ensure more targeted healthcare financing.

Consignment of Disputed Land in Land Acquisition for the Development and Revitalization of Balohan Port, Sabang Riyan Zulfa Rizki; Ilyas Ismail; Muhammad Insa Ansari
International Journal of Law and Society Vol. 3 No. 2 (2026): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i2.900

Land acquisition for public purposes is intended to ensure land availability for development while safeguarding the rights of affected parties through fair and equitable compensation as regulated under Law Number 2 of 2012 and its implementing regulations. However, disputes over land ownership often prevent direct payment of compensation, thereby necessitating the use of a consignment mechanism through the court. This study examines the implementation of consignment for disputed land and analyzes the legal standing and fulfillment of rights of both the prevailing and losing parties in the land acquisition process for the development and revitalization of Balohan Port, Sabang. The research addresses the problem of how compensation is secured and distributed when ownership remains contested, and whether the mechanism ensures legal certainty and justice for all parties involved. Employing an empirical legal method with a qualitative approach, data were collected through interviews and document analysis. The findings reveal that consignment functions as a legal instrument to safeguard and temporarily suspend compensation payment until a final judicial determination is reached. Supreme Court Decision Number 1675 K/Pdt/2021 affirms that the prevailing party is entitled to full land compensation as recognition of proprietary rights, while building compensation may be relinquished through a peace agreement and social compensation partially allocated. Conversely, the losing party forfeits land rights but retains full building compensation and partial social compensation based on the settlement deed. The study concludes that dispute resolution in land acquisition extends beyond final court judgments and requires non-litigation mechanisms to ensure proportional distribution of rights, thereby reinforcing legal certainty, preventing further disputes, and ensuring equitable protection in public interest development.

Title

Found 9 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 9 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 9 Documents
Search