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Journal : JURNAL ILMIAH LIVING LAW

JUSTIFICATION OF ESTABLISHING BUILDING PERMITS FOR PRIVATE EDUCATION INSTITUTIONS WAQF BASED ON THE PERSPEKTIF GOVERNMENT SOCIAL RESPONSIBILITY Muhammad Aminulloh; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (910.226 KB) | DOI: 10.30997/jill.v9i2.1035

Abstract

Indonesia as a developing country is still trying to do development, this development requires the Legal Certainty for the realization of efforts community life. [Article 1 paragraph (3) of the 1945 Constitution (after amendment). In fact, legislation relating to development still overlaps policies, resulting in the existence of Legal Uncertainty. Example; Perda IMB pertains to the services of authorized officers. Governments use planning to manage land development of their jurisdictions. Thus, government units can plan community needs while safeguarding natural resources. A building permit is required in accordance with the spatial, land use planning (land use plan). The government makes rules on the land guidance plan, one of which is the rule of article 2, paragraph 1 of the BAL, the state regulates the use, allocation, provision and maintenance, usage, designation (utilization, KDB, outbreaks, apartment buildings, irrigation buildings, etc.). How to use the land, there are rules, the rules can be location permit, IPPT, land use permit, building permit, why should use IMB, as this is to regulate in the framework of the maintenance of the livelihood of the people and this applies to all, and schools, social schools, including educational institutions that stand on wakaf land managed by the foundation. For educational institutions, it is felt to be heavy in terms of obtaining building permits. this is because the process of permission to build the building was equated with the lisence establishment of factories, industries etc. Besides that, the heavy rules so far felt by institutions that will establish school schools to licensing issues are the rules on AMDAL. The government is afraid of land use will be wrong. AMDAL is requirements for the establish of a school. The government should make a classification rule on AMDAL for building permits for the establishment of schools, especially school schools located in waqf land, lighter than building permits for industrial or factory establishments. (descriptions of AMDAL). The importance of building lisence (IMB) can be a starting point in obtaining legal certainty to the right of building so that disturbance or harmful things, and to gain comfort in using the buildingKeywords: IMB, Land of Waqf and Government Social Responsibility
PENGEMBANGAN MODEL FIDUSIA TERHADAP PENITIPAN BARANG DARI PERSERO PEGADAIAN KEPADA DEBITUR Muhammad Taufich Hidayat; Martin Roestamy; endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.384 KB) | DOI: 10.30997/jill.v11i2.2110

Abstract

This study aims: 1) To find out and analyze the development of fiduciary models for safekeeping of goods from PT. Pegadaian to the debtor, 2) To find out and analyze the execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults. The research method used in this study is a normative juridical study that uses a qualitative approach. The results of this study are: 1) Development of the fiduciary model for safekeeping of goods from the PT. Pegadaian to the debtor, namely the Fiduciary Installment Credit System (KREASI), where the credit facility is subject to the provisions applicable to fiduciary law. Debtors who need funds do not hand over objects used as collateral to PT. Pegadaian as a creditor. 2) Execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults, in the execution of fiduciary guarantees at PT. Pegadaian there are differences of opinion between PT. Pegadaian with the State Receivables and Auction Service Office (KP2LN). PT. Pegadaian states that the execution of fiduciary guarantees is carried out on its own with reference to the Basic Rules of PT. Pegadaian. Whereas KP2LN believes that the one authorized to carry out fiduciary guarantees is KP2LN with reference to the Fiduciary Law. In this case the author agrees with KP2LN because the legal basis of the Fiduciary Law is stronger than the Basic Rules of PT. Pegadaian.
ASAS KEADILAN DALAM SUPLAI MAKAN TAHANAN KEPOLISIAN DAN LEMBAGA PEMASYARAKATAN DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 danang wijayanto; Martin Roestamy; endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.307 KB) | DOI: 10.30997/jill.v12i1.2526

Abstract

This study aims to find out and analyze the mechanism of procurement of food supplies, and the achievement of justice for prisoners of the Police and Penitentiary. The research method used in this study is normative juridical research. The results of this study are: 1) The mechanism of procurement of prisoner food supplies Police and Penitentiary, has sought to fulfill the right of prisoners to food in accordance with applicable standards and also Minister of Law and Human Rights regulations Number M.HH-01.PK.07.02 of 2009. This can be seen from timely food supply and is served three times a day by the Police and Penitentiary even though the menu presented is less varied when viewed from nutritional adequacy figures due to budget constraints, 2) Procurement of goods and services in the field of eating food of police and Penitentiary detainees to achieve justice, the authority of the Budget User Authority (KPA) during the process of auctioning prisoner food ingredients. So based on its authority, KPA has used its authority during the process of auctioning prisoner food ingredients, the legal arrangements for delays in obtaining prisoner food suppliers in the following fiscal year have no clear legal instruments so KPA has taken its own initiative in procuring prisoner food ingredients.
OPTIMALISASI PERLINDUNGAN HUKUM TENAGA KERJA DALAM ASPEK KESELAMATAN KERJA PADA PROYEK KONSTRUKSI DI WILAYAH BOGOR dani purwanto; Ujang Bahar; endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (601.589 KB) | DOI: 10.30997/jill.v12i1.2527

Abstract

Lack of awareness of workers is one of the factors causing work accidents that have occurred. This cannot be done as it should, so there are still frequent work accidents involving construction project workers. In the Bogor region itself, the issue of work safety is also a special concern of the government in realizing development. The method used by the author in this study is a descriptive legal normative research method, the implementation of work safety protection for construction project workers in Bogor City is still not running optimally, this is due to the absence of an agreement between workers and employers. Because in general construction project workers only have a working relationship with third parties outside the construction company. So that the participation of the government is needed to resolve work safety issues for construction project workers. The legal consequence arising from the absence of a work agreement for construction project workers is that they do not receive work health and safety insurance, other than that the wages received do not correspond to what has been provided by the company, because there is a third party tasked with coordinating these workers, so construction project workers do not have legal protection as mandated by law.
PERSPEKTIF BANTUAN HUKUM DI KOTA BOGOR DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM Roni Ismail; endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (837.372 KB) | DOI: 10.30997/jill.v12i1.2528

Abstract

Legal aid is a constitutional right for Indonesian citizens to obtain legal protection and equality. The existence of Law Number 16 of 2011 is a manifestation of that constitutional right. Fulfillment of legal aid for the poor in Bogor City has been partially implemented using APBD funds in accordance with Regional Regulation No. 3 of 2015 concerning Legal Aid for the Poor and Mayor Regulation Number 39 of 2015 as the Implementing Regulation. The provision of legal aid to the poor in Bogor which refers to the Bogor City Regulation No. 3 of 2015 concerning Legal Aid for the Poor has not yet been realized specifically for the people of Bogor City. This is due to obstacles from external and internal factors in its implementation, namely in the form of a Legal Assistance Organization  which is only one accredited at the Ministry of Law and Human Rights and limited funds for absorption of legal aid implementation activities. Therefore, the  Government needs to involve Legal Aids (LKBH-LKBH) in private university institutions in Bogor and its surroundings to be able to realize the plan for establishing Legal Consultation innovations (legal clinics) in 68 urban office Bogor City
ASAS KEPATUHAN DALAM MENJALANKAN SISTEM PERJANJIAN KERJA WAKTU TERTENTU DI WILAYAH BOGOR Iwan Wahyudi; martin Roestamy; endeh suhartini
JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v12i2.3279

Abstract

The purpose of this study are: 1) To find out and analyze the principle of compliance in carrying out a Temporary Appointment Work Agreement system in the Bogor area. 2) To find out and analyze steps to improve the fate of workers in a Temporary Appointment Work Agreement system in the Bogor area. The research method used in this research is normative juridical research and sociological research. The results of this study are: 1) The principle of compliance in carrying out the system of Temporary Appointment Work Agreement in Bogor Regency and Bogor City, in practice there are still frequent violations, due to unclear rules regarding the application of a Temporary Appointment Work Agreement (PKWT). 2) Measures to improve the fate of PKWT system workers, in terms of legal structure refer to the form and position of legal institutions contained in the labour law system. For workers who are not in accordance with the laws and regulations, for the sake of law will change to PKWTT, which is changed to become permanent workers. The protection provided is in the form of rights and obligations as permanent workers in the form of protection of the rights to wages, occupational health, job security, severance pay, reward money for work tenure, and work replacement money. Legal culture (legal culture) includes the values contained in the community that underlies the applicable law in PKWT.
ANALISIS YURIDIS KEBERADAAN PERUSAHAAN OUTSOURCING DAN HAK PEKERJA TERKAIT SISTEM KONTRAK BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 Haerudin .; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v13i1.4200

Abstract

The purpose of this study are: 1) To find out and analyze the existence of outsourcing companies in contract system workers. To find out and analyze the granting of rights for workers related to the contract system based on Law No. 13 of 2003 concerning Labor. The research method used in this study is a normative juridical study that takes a qualitative approach that looks at and analyzes the legal norms in existing legislation and sociological research as supplementary data as primary data. The results of this study are: 1) The existence of outsourcing companies in contra system workers, in terms of employment relations between workers and outsourcing companies is based on a Specific Time Work Agreement, then the work agreement must require the transfer of the protection of the rights of workers whose objects of work remain, even though there is a change of companies that carry out part of the work of other companies or companies providing workers' services. 2) The granting of rights for workers related to the contract system based on Law Number 13 of 2003, there are still outsourced workers who are not registered with Jamsostek, so the legal protection of health and safety for outsourced workers is not implemented.Keywords : Labor Law; Outsourcing Company; Work Agreement.
PERLINDUNGAN HUKUM BAGI KONSUMEN PERUMAHAN ATAS PENYALAHGUNAAN FASILITAS SOSIAL DAN FASILITAS UMUM MENJADI LAHAN BISNIS Abdullah Emile oemar Alamudy; Martin Roestamy; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6358

Abstract

Social Facilities and Public Facilities are supporting facilities in a residential area to provide interaction and activities for the residents. This Social and Public facility has existed since a housing will be built which is stated in the Site Plan to be known by housing consumers. However, the site plans sometimes turn into business from their original functions. With the normative juridical research method, the author tries to examine laws and regulations relating to Social and Public Health by analyzing the handling of changes in these facilities that have changed functions into business land as legal protection for housing consumers and efforts to resolve the switching function of these facilities by developers as a legal liability. The results of the research carried out, that the change into a business area in a housing/settlement is very detrimental to the rights of customers to get their rights to the facilities.
PERBANDINGAN SISTEM HUBUNGAN KERJA PKWTT DAN PKWT DALAM UPAYA PENINGKATAN KESEJAHTERAAN PEKERJA Rudi Avianto; Endeh Suhartini; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6361

Abstract

The Employment Relations System occurs by a work agreement between Workers and Employers. This employment relationship is regulated in Law No. 13 of 2003 concerning Manpower in Chapter IX Articles 50-66, which known as Employment contract for an unlimited time (PKWTT) and the Employment Contract Limited Time (PKWT). The aim of this research are : 1) to know the policies of the PKWTT and PKWT employment relations systems for the companies. 2) to know the comparison of the PKWTT and PKWT employment relations systems for the companies which associated with the efforts to improve workers welfare. The research method used is sociological juridical research. From the research results, it is known that the PKWTT and PKWT employment relations system policies, the percentage of PKWTT workers is greater, which is around 60% (PKWTT) and 40% (PKWT), including the comparison of rights and welfare facilities is better for PKWTT workers. For this reason, government regulations regarding rights and welfare facilities are needed for PKWT workers, so that they can be aligned or balanced.
PRIVATISASI BUMN SEBAGAI PILAR PEREKONOMIAN NASIONAL DALAM PERSPEKTIF HUKUM BISNIS Raden Djuniarsono; Martin Roestamy; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 15 No. 1 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Guided by Pancasila and the 1945 Constitution, Indonesia should implement a welfare state with strategic planning for the welfare of the people through state ownership of certain business units that provide the greatest benefit for the welfare of the people by establishing companies that are majority or partially owned by the state, namely BUMN based on Good Corporate Governance (GCG). However, the role of BUMN has not been optimal and has not fulfilled the expectations of Article 33 of the 1945 Constitution and it is necessary to make improvements and arrangements, one of which is through privatization to improve and improve company performance. This research uses the juridical normative approach, namely, the law is conceptualized as norms, rules, principles, or dogmas, with data collection techniques used through library research methods and interviews and using qualitative analysis. Based on the results of the research conducted, there are many obstacles and problems in the application of the privatization method in reforming and structuring BUMN, especially related to separated state assets and the criteria for BUMN that can be privatized. For this reason, serious, systematic, tiered, and strategic efforts are needed in reforming and structuring state-owned companies, especially efforts to improve the performance and value of the company and are carried out by taking into account the legal side of the business and the state constitution. Keywords : Constitution; Privatization; GCG; Community Welfare
Co-Authors -, Riki Nova Nugraha Abdullah Emile oemar Alamudy Abraham Yazdi Martin Achmad Jaka Santos Adiwijaya Ade Rahmat Ade Rahmat, Ade Adi Sujarwo Agung Rohmadi Agus Surachman Alfarizi, Rinaldi Muhammad Andri Brawijaya Angga Kurniawan Anna Sardiana, Anna Asep Thobibuddin Qolyubi balvas Imantaka Bastyan, Rico Agistra Cayla Dadang Suprijatna danang wijayanto dani purwanto Dede Kania Defisa Defisa Destiana, Suhendri Zikri Devi Aprianti Devisa, Devisa Dewi Sulastri Dodi Dwiagustini, Dwiagustini Edy Santoso Eka Suprihatiningsih Euis Hertiani Fajrian, Algi Muhammad Fallahudin, Nouval Yustiar Galang Adi Saputra Gilalo, Jerymianus Habib, Yahya Abdul Haerudin . Haikal Ikram Arya Ranggana Haqqi, Abdurrahman Raden Aji Hazar Kusmayanti Hazar Kusmayanti, Hazar Hermawan, Danang Prasetyo Hertiani, Euis Hidayat Rumatiga Husain, Saddam I, M.Dikdik Ilyanawati, R. Yuniar Anisa Imantaka, Balvas Indhira, Maya Iwan Wahyudi Ju naidi Jumani, Jumani Kusumah, Akhmad Hadi Larasti, Diva Luthfiani, Siti Hanifah Ma'arif, Rizal Syamsul Maha Arjiana, I Wayan Matin, Muhamad Akbar Maulani, Surya Ahmad Maya Indhira Medita Pratiwi Muhammad Aminulloh Muhammad Taufich Hidayat MULYADI Mulyadi Mulyadi Mulyadi Mulyadi Munandar, Andra Septia naidi, Ju Nanak , Nanak Sukron Nova Shintia Maulani Nur Fitri Melnia Nurwati Nurwati Nurwati Nuwarti Nyi Mas Gianti B. Erbiana Nyi Mas Gianti Bingah Erbiana Omon Remen Poppy Pujiono Pratama, Aldi Fajar Pratiwi, Lia Indah Pribadi, Rian Putri Romadonna R. Yuniar Anisa Ilyanawati Raden Djuniarsono Raditya, I Ketut Nanda Raditya Rahayu Nuraeni Rahmah, Alya Baetu Rahmi Aprilia, Erina Rajamanickam, Ramalinggam Ramalinggam Rajamanickam Remen, Omon Rico Agistra Bastyan Roestamy, Martin Rohmadi, Agung Roni Ismail Rosadi Rudi Avianto Rumatiga, Hidayat Sabila PM, Nurfajrina Saprudin Saprudin, Muhamad Asep Saputra, Aries Barlian Saputra, Galang Adi Sidik, Adi Permana Sihotang, Sudiman Siregar, Togar Natigor SITI MARYAM Sogio Sujarwo, Adi Sulastri, Dewi Suryani, Danu Syahputra, Roby Firlyando Syaiful aditya saputra Ujang Bahar Wahyudi, Tony Agus Wicaksono, Tunggul Yahya Habib Yumarni, Ani