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KEPASTIAN HUKUM BAGI PARA PIHAK PEMEGANG SURAT TANDA BUKTI ATAS TANAH BERUPA SERTIFIKAT HAK MILIK DITINJAU DARI HUKUM AGRARIA: (Studi Putusan Pengadilan Negeri Sungailiat Nomor 03/Pdt.G/2012/Pn.Sgt) Muhammad, Naufal; Agustian, Rio Armanda; Salfutra, Reko Dwi
PROGRESIF: Jurnal Hukum Vol 12 No 1 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i1.955

Abstract

Verdict Sungailiat Court Number 03/Pdt.G/2012/PN.Sgt in the verdict has stated the defendant (Feng Jung) has committed acts againts the law by certifying a plot of land to a National Land Agency of Bangka Regency on the Right Certificate Number 2305 was issued by the National Land Agency if Bangka Regency in 2003, but was sued by the plaintiff (Tjong Ana) in 2012. The results of research, Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1997 have been fulfilled by defendant in conducting process of land registration of Certificate of Property Number 2305 so that this provision is absolutely to run and about absolute authority to run about absolute authority of judge, that a judge of a Public Court is not authorized to declare a Certificate of Property Number 2305 has no legal force, and certificate that is a powerful evidentiary tool has become an absolute if element of Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1977 has been fulfilled.
KONSEP HUBUNGAN KEWENANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH DALAM BINGKAI NEGARA KESATUAN DENGAN CORAK OTONOMI LUAS Robuwan, Rahmat; Wirazilmustaan, Wirazilmustaan; Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.976

Abstract

State of Indonesia is a very large country. It can be seen from many tribes, nations, cultures, languages, and others who are in Indonesia. As a unitary state with extensive autonomy, takes the concept of the relationship of authority between the central government and local governments. Administratively, the pattern of the relationship of authority between the central government and regional governments born of the delegation of authority. Who was born on the theory of delegation, supervision concept embraced by local governments in Indonesia are more inclined to form Hybrid variations (supervision), transfer of power from central to local government could be said to embrace open-end arrangement or general competence. therefore, a new paradigm in central and local relations should be established with the pattern of center-periphery relations towards a more harmonious, it's time developed progressive thinking that is based on relations that are complementary and interdependent.
DESAIN OTONOMI DAERAH DALAM KERANGKA PENEGASAN SISTEM PEMERINTAHAN PRESIDENSIAL Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 12 No 2 (2018): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v12i2.978

Abstract

This research is entitled “Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems Affirmation:. This research is motivated by the decentralization of Indonesia which has unsymmetrical, because of the existence of specific nd special regions, further more in terms of the presedential government system there is a problem in the development of its subsystems up to regional government. Thus, understanding is needed to understand th reality and redesign of regional autonomy in regional head elections, specific and special regions, and in order to reaffirm the presidential government system in an effort to build relations between the president and regional heads. As for the method used in making this writing is a juridical method normative or doctrinal. Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems, By Rio Armanda Agustian. Abstract this research is entitled Design Of Regional Autonomy In The Affirmative Framewok Of Presidential Government Systems Affirmation. This research is motivated by the decentralization of Indonesia which has symmetricity, namely the existence of special and special regions, then if viewed from the presidential government system there is a problem in the development of its subsystems to regional government. Thus, understanding is needed to nderstand the reality and redesign of regional autonomy in regional head elections, special and special regions and in order to reaffirm the presidential government system in an effort to built relations between the president and regional heads. As for the method used in making this writing is a juridical method normative or doctrinal, because the data search is done by reviewing local government law and legislation related., and the data also related to the privilege and specificity of the region. The results of this study is themiddle solution to solve the problem can also be done by direct appointment of the governor by the president, although this is very unpopular and very risky politically, but if it starts with rational reasons, surely the people in the area will accept, and of course with a low cost as well. The direct appointment is very necessary for the president so that relations with the governor as an extension of president’s hand will be stronger.
Urgensi Pembentukan Lembaga Adat Urang Lom Guna Memberikan Perlindungan Suku Lom Wirazilmustaan, Wirazilmustaan; Robuwan, Rahmat; Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 14 No 2 (2020): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v15i2.1983

Abstract

Bangka Belitung Province have a community called a native population known as the Lom or Urang Lom. Legal recognition of the Urang Lom community in the formation of the Village Customary Institution where Urang Lom still lives is a very important part of the perspective of legal protection. The form of legal protection against the existence of Urang Lom is only limited to the recognition of a traditional institution called Mapur Customary Institution which is under the auspices of the Malay Customary Institution of Bangka. The formal and material legality problem in the formation of the Urang Lom Customary Institution in Gunung Muda and Gunung Pelawan Villages is related to the synergy of the Mapur Customary Institution that has been formed with the Village Customary Institutions based on the Village Law. Gunung Muda Village, and Gunung Pelawan Village made the formation of the Village Customary Institution be difficult because it clashed with the village territorial area.
Tindak Pidana Informasi Elektronik Dalam Kerangka Hukum Positif Agustian, Rio Armanda; Manik, Jeanne Darc Noviayanti
PROGRESIF: Jurnal Hukum Vol 15 No 1 (2021): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2236

Abstract

Act No. 11 of 2008 on Information and Electronic Transactions is the first Act in the field of information technology and electronic transactions as a product of much-needed legislation and has become the spearhead that lays the groundwork for regulation in the field of technology utilization, although now during the implementation of the ITE Act experienced some problems regarding legal certainty about criminal provisions after the decision Constitutional Court, protection personal data and criminal investigation. Method in this study is normative juridical with a statutory and conceptual approach. Government supports the development of IT through its legal infrastructure and arrangements so that the use of IT is carried out safely to prevent its misuse by paying attention to the religious and socio-cultural values of Indonesian people. Side of protection and legal certainty in the use of information technology, media, and communication in order to develop optimally. Protection of personal data in conducting activities in cyberspace can be the right to enjoy a private life and free from all kinds of interference, right to be able to communicate with others without the act of spying and right to supervise access to information about one's personal life and data.
Ambiguitas dan Inkonsistensi Kedudukan serta Kewenangan Wakil Kepala Daerah dalam Sistem Pemerintahan Daerah Hariansah, Syafri; Agustian, Rio Armanda
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2849

Abstract

This research is addressed to theoretically examine authority and position of deputy head of region in local government system in the post-reform time, in particular by using Philipus M Hadjon's authoritative theory as an analytical tool. We apply normative juridical approach through analysis of theory, concepts, legal principles as well as law and regulation which have correlation with this research. Our result shows that the authority of the deputy head can be achieved in three different ways: first, direct or explicit power governed by the law, second and third through delegation and mandate from higher authority (e.g. regional head), respectively. Interestingly, we notice that most of the tasks are unfortunately mostly in assisting mode, while we argue that this can be also carried out by local secretary. This power overlapping could actually create ambiguity and further have implication in the urgency of deputy head position in the regional government system.
Perjanjian Terapeutik: Problematika dan Pelaksanaan di Rumah Sakit Umum Ir. Soekarno Provinsi Kepulauan Bangka Belitung Salfutra, Reko Dwi; Agustian, rio Armanda; yokotani, yokotani
PROGRESIF: Jurnal Hukum Vol 18 No 1 (2024): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v18i1.4870

Abstract

A therapeutic agreement is a contractual relationship between a doctor and a patient. As a legal act, a therapeutic agreement carries legal consequences when the parties neglect or do not perform their obligations. In practice, often civil lawsuit cases are filed by a patient against a doctor as a result of non-performance of the therapeutic agreement. This study aims to identify and determine the legal problems in the implementation of therapeutic agreements between doctors and patients at Ir. Soekarno Hospital, Bangka Belitung. Based on these objectives, academically the results of this research are expected to be used as a starting point in legal research related to the implementation of therapeutic agreements between doctors and patients, and practically the results of this research are expected to be used as input in legal research on the implementation of therapeutic agreements between doctors and patients. This research uses socio legal research methods
Upaya Pencegahan Tindakan Balapan Ilegal di Kota Sungailiat (Studi Wilayah Hukum Kota Sungailiat) Imanuel, Lukas; Toni, Toni; Agustian, Rio Armanda
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6678

Abstract

This study is motivated by the rising phenomenon of illegal street racing, particularly among youth who engage in high-speed competitions on public roads. Such practices pose serious risks to the safety of both participants and other road users, while also disrupting public order. Therefore, systematic and sustainable preventive efforts are urgently needed. The purpose of this research is to examine the forms of preventive measures against illegal street racing in Sungailiat City and to identify the factors influencing the effectiveness of these efforts. The study adopts an empirical juridical approach. The findings indicate that preventive efforts have been implemented in various forms, including public education and awareness campaigns, the "Police Goes to School" program, routine patrols, the Menumbing safety operation, the installation of traffic signs indicating maximum speed limits, rumble strips, and joint operations. Supporting factors include a clear and firm legal framework. However, several inhibiting factors were identified, such as a lack of personnel, limited infrastructure and facilities among the Bangka District Police, Department of Transportation, and Civil Service Police Unit, as well as low public legal awareness and insufficient parental supervision. The study concludes that although diverse preventive measures have been undertaken, their success largely depends on inter-agency collaboration, the availability of resources, and active community participation.
Eksploitasi Kepiting Rajungan di Bawah Ukuran Minimal (Baby Crab) di Provinsi Kepulauan Bangka Belitung Ditinjau dari Undang-Undang Nomor 45 Tahun 2009 tentang Perikanan Risky, Fhatira Riniar; Toni, Toni; Agustian, Rio Armanda
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6724

Abstract

This study was motivated by the widespread exploitation of undersized blue swimming crabs, commonly referred to as baby crabs, for food and snacks in the Bangka Belitung Islands Province. This practice violates prevailing legal provisions, particularly Law Number 45 of 2009 on Fisheries and Minister of Marine Affairs and Fisheries Regulation Number 7 of 2024 concerning the Management of Lobster, Crab, and Blue Swimming Crab. The objective of this study is to analyze the legality of baby crab exploitation and evaluate the effectiveness of law enforcement in preventing such practices. The research employed an empirical juridical method with a statutory and descriptive approach. Data were collected through observations and interviews with business actors, local communities, and the Department of Marine Affairs and Fisheries, supported by literature review. The findings reveal that the exploitation of baby crabs constitutes a criminal offense under fisheries law, as it violates Article 100C of Law Number 45 of 2009 and the provisions of Ministerial Regulation Number 7 of 2024. However, weak law enforcement, low public awareness, and the limited effectiveness of persuasive measures by authorities have allowed the practice to persist. Therefore, intensive supervision, consistent enforcement of sanctions, and collaborative efforts among local governments, academics, and NGOs are needed to enhance legal literacy among coastal communities in support of sustainable fisheries resource management.
Problematika Penegakan Hukum Pertambangan Timah Ilegal dalam Mewujudkan Restorative Justice: Studi di Kepolisian Resor Bangka Agustian, Rio Armanda; Salfutra, Reko Dwi; Robuwan, Rahmat
Society Vol 9 No 2 (2021): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v9i2.305

Abstract

Law enforcement against criminal acts without a permit (illegal mining) must be carried out for the sake of social justice for all Indonesian people. The Bangka Resort Police, as one of the institutions of the Indonesian National Police, has duties and obligations in realizing ideal conditions both in law enforcement efforts and other persuasive efforts, must be fast and responsive in tackling illegal mining. In this regard, this research aims to examine law enforcement problems of illegal tin mining in realizing restorative justice with the locus of study, namely the Bangka Resort Police. The formulation of the problem studied in this research is as follows. First, what are the legal issues to realizing restorative justice in the enforcement of illegal tin mining crimes by the Bangka Resort Police? Second, how are the efforts of the Bangka Resort Police to overcome the obstacles in law enforcement against the criminal act of illegal tin mining? The legal problems that occur involve various dimensions, namely the dimensions of competence, personnel commitment, supporting facilities and infrastructure, and issues from the social environment of the community. Multiple efforts have been carried out by the Bangka Resort Police in the internal aspect and implementing progressive actions as a form of dedication by law enforcement officials.