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PERAN BADAN PERTANAHAN DALAM MEREDUKSI KONFLIK DAN PERKARA SENGKETA TANAH MELALUI MEDIASI Mega Puspa Kusumojati; Abraham Ferry Rosando; Tomy Michael
COURT REVIEW Vol 1 No 1 (2021): ILMU HUKUM
Publisher : COMMUNITY OF RESEARCH LABORATORY SURABAYA

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Abstract

This research seeks to discuss the role of the National Land Agency in reducing land disputes and conflicts through mediation. A dispute refers to a public statement regarding a claim that is inconsistent with something of value. Meanwhile, a conflict refers to disagreement which is macro in nature, for example, a conflict between communities or groups. Based on the Regulation issued by the Ministry of Agrarian Affairs/Spatial Planning, there is a statement about institutions. This invokes vagueness of norms which is not clearly regulated concerning what kind of dispute and conflict falls under the authority of other institutions, resulting in another interpretation found in Article 11 paragraph (4) of the Regulations of the Ministry of Agrarian Affairs/Spatial planning Number 11 of 2016 concerning the settlement of land disputes which are not under the authority of the ministry. The process of resolving land disputes by the National Land Agency as a mediator as stated in the Regulation of the Ministry of AgrarianAffairs Number 11 of 2016 concerning the settlement of land disputes, mediation for disputes, and conflict resolution based on reports from the Administration section at the National Land Agency is categorized into two types; by the Ministry initiative and by the public complaint. Efforts made by the Ministry of Agrarian Affairs/ Land Agency can be in form of evaluation and review towards the Regulation of the Ministry of Agrarian Affairs/Spatial planning Article 11 paragraph (4) which can be applied according to community needs which specifically does not cause misinterpretation in resolving disputes and conflicts. From the community perspective, lawsuits take a long time and cost a lot of money. Therefore, mediation by the National Land Agency using a persuasive approach and focusing on a win-win solution for both parties based on the principle of justice is preferred.
Akibat Hukum Mengenai Pencabutan Laporan Saat Pelaku Terbukti Bersalah Melakukan Tindak Pidana KDRT Shirena Putri Brilianty; Abraham Ferry Rosando
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 2 (2024): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i2.408

Abstract

According to the state, all constructs of crime, especially domestic crime, are included with human rights violations, crimes against human dignity and discriminatory practices. Domestic crime, usually abbreviated as domestic violence, is a phenomenon that often occurs in or around the family. The majority of domestic violence is experienced by women or children because there are many aspects of life that are less or even unfair to them, thus providing opportunities for crimes against them. Physical abuse or violence, exploitation, neglect, and sexual abuse by spouses, children, or household staff are just some of the many forms of domestic crimes that can occur. In real life, there are many documented and unusual instances of domestic abuse. The purpose of this research is to determine and assess the impact of withdrawing a domestic violence report on the legal standing of the perpetrator. To examine the ambiguous standards surrounding the revocation of domestic crime reports, this research was written using normative legal research techniques with a statutory approach. The research findings show that, in accordance with Article 44 of Law Number 23 Year 2004 on the Elimination of Domestic Violence, husbands who commit violence against their spouses can be subject to sanctions. Domestic crimes are included in the relative complaint offense but are only covered in Articles 51 and 52, which basically do not make it painful or difficult for someone to carry out daily activities or hold a job or other position. Shortly after the perpetrator was named as a suspect in this domestic violence case, the victim withdrew the domestic violence report. As a result, the revocation of this report has legal consequences with the issuance of a Letter of Termination of Investigation in accordance with Article 75 of the Criminal Code.
LAND REGISTRATION IN URBAN AREAS (URBAN LAND REGISTRY): SPECIAL CHALLENGES OF LAND REGISTRATION IN SURABAYA CITY Abraham Ferry Rosando; Farida Rosadi
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 10 No. 4 (2025): November
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

Land registration is a strategic step in ensuring legal certainty over property rights in the Republic of Indonesia. However, in large, densely populated cities like Surabaya, this process faces complex challenges. This article examines specific issues in urban land registration, including abandoned land and squatter settlements. The research uses empirical juridical methods to examine the gap between regulations and implementation on the ground. The study reveals that low public participation, overlapping ownership, and weak law enforcement are key obstacles, alongside socio-economic issues such as squatter urbanization. This article recommends a participatory approach, reformulation of local regulations, and integration of land and housing policies as solutions.
CONFLICT BETWEEN LEGAL NORMS AND COMMUNITY TRADITIONS: LAW ENFORCEMENT AGAINST ACTS OF VIOLENCE AND ANIMAL ABUSE IN THE BULL RACING TRADITION Devi Nadhilah; Abraham Ferry Rosando
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 10 No. 4 (2025): November
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

The Karapan Sapi tradition is a cultural heritage of the Madurese people that has high social and economic value. However, in its implementation, acts of violence against the oxen occur, which are legal violations that still continue to this day. This research discusses criminal responsibility for acts of violence and animal abuse in Karapan Sapi, to find out the government’s efforts and forms of protection for animals in the implementation of Karapan Sapi. This research uses a normative juridical method with a conceptual and statute approach to examine laws and regulations related to the issue. The results show that law enforcement is still not implemented even though regulations prohibiting violence against animals already exist, such as the Instruction of the Governor of East Java Number 1 of 2012 concerning Karapan Sapi Without Violence, Law Number 41 of 2014, and Government Regulation Number 95 of 2012 regarding animal welfare. This research is expected to raise public awareness and encourage legal reform to ensure animal welfare from violent and abusive behavior.
LEGAL RESPONSIBILITY OF SINGERS OR PERFORMERS FOR THE USE OF SONGS THAT HAVE COPYRIGHT ACCORDING TO LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT Putri Rosita Damayanti; Abraham Ferry Rosando
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 10 No. 4 (2025): November
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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This study examines the legal liability of singers or performers for using copyrighted songs without the creator’s permission in commercial activities such as concerts. The main issue discussed is the legal responsibility of singers in performing copyrighted songs and the application of copyright infringement elements as reflected in Decision Number 92/Pdt.Sus-HKI/Hak Cipta/2024/PN Niaga Central Jakarta. This research applies a normative juridical approach by analyzing relevant legislation and court decisions. The findings indicate that singers are legally obligated to obtain permission from the creator or through a Collective Management Organization (LMK/LMKN) before performing a song commercially. Furthermore, concert promoters or organizers also share legal responsibility as they derive economic benefits from such performances. The enforcement of copyright law in the music industry requires synergy between creators, singers, and collective management organizations to establish a fair and balanced creative ecosystem