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Agrarian Law Enforcement In Land Dispute Settlement Riza Endriyana; Faisal Santiago; Suparno Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.834

Land ownership that is unfair to the community will offer opportunities for some parties to act undemocratically by taking land from the community. Conflict is a phenomenon that often occurs in human life, and arises from the conditions of the diversity of social systems. Conflict, no matter how it is seen, is inextricably linked with social existence. Property rights according to Article 20 paragraph (1) of the UUPA, namely hereditary, strongest, and fulfilled rights that people can own over land by considering that all land rights have a social function. The review utilizes a standardizing juridical methodology and the kind of legitimate survey is an extensive investigation of essential lawful materials, optional legitimate materials, and tertiary legitimate materials. The consequences of this exploration are the goal of land debate cases as specified in Regulation Number 51 of 1960, in Article 2 and Article 6 passage (1) letter a, that the utilization of land without consent from the legitimate individual or their lawful intermediary is a disallowed act and undermined with criminal punishments. Nonetheless, in tending to clashes and land debates that emerge, one should take a gander at it according to a few points of view while as yet focusing on equity and not hurting the two players, so it isn't just seen from the side of the inhabitant's activities yet additionally as far as the endlessly utilization of the land by the proprietor if, as far as usage, the land isn't used ideally and even appears to have been dismissed by the proprietor for roughly 15 years. Settlement of questions through consultation through intervention is followed as the way to taking care of land issues, remembering that the fundamental objective of intervention is to determine issues, apply standards or make request, yet in its execution, it should likewise be founded on broad standards

Legal Status of Land Rights of the Former Eigendom Verponding After the Issuance of the Conversion Rules Mahmuddin Mahmuddin; Herman Bakir; Faisal Santiago
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.835

Beginning on September 24, 1960, there were not any more western freedoms and standard terrains. The organization no longer exists while the freedoms have been changed over by the BAL into one of the new privileges. In such manner, beginning in 1961 there could have been as of now not any land that its arrangements could be dependent upon European Verponding, Indonesian Verponding, and Lanrente or Land Expense. The assessment endorsements that existed and were held by individuals around then and were not detailed for substitution of new privileges under the UUPA, were still as Eigendom Verponding. In any case, in all actuality, there are still holders of land privileges who after September 24, 1980, still have confirmation of responsibility for freedoms as western privileges and standard freedoms that poor person been changed over, which will create legitimate issues assuming that these are not directed in regulation. To expect lawful issues that emerge because of changes in guidelines in the land area, the public authority through transformation guidelines reaffirmed the lapse of privileges to the place that is known for beginning of the Change of Western Freedoms on September 24, 1980, which is likewise the standard framed in the BAL., to end the legitimacy of the excess Western privileges to land in Indonesia with every one of attributes are not by Pancasila and the 1945 Constitution

Implementation Of Restorative Justice As A Justice Law Enforcement In Indonesia Agus Supriyanto; Faisal Santiago; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.840

The law enforcement framework will in general save essential standards as far as satisfying equity, exclusively because of reasons of satisfying legitimate sureness. Victims in a crime, in the National Legal System, the position is not profitable. Because the victim, in the (Criminal) Judicial System, is only an accessory, not the main actor or just a witness. The type of research used by the author in compiling this research is normative legal research or library law research. It should be emphasized that restorative justice is fundamentally a concept, both about justice and due process, not a theory. Because it is the basis for the development of the judiciary, restorative justice is referred to as the philosophy of justice. So, it is possible to view restorative justice as a collection of legal procedures that primarily seek to repair (recover) the losses suffered by crime victims. In the science of criminal law, justice must try to restore the situation to how it was before the crime was committed. The situation changes when someone breaks the law. So that's where the role of law is to protect the rights of every victim of crime. Helpful equity additionally accentuates common liberties and the need to perceive the impacts of social unfairness and in basic ways review them, as opposed to just giving the culprits formal or lawful equity and casualties not getting any equity. Supportive equity likewise looks to reestablish casualties' security, individual regard, respect, and all the more significantly, a feeling of control. The helpful equity framework can be applied in the event that the lawful culture in a nation requires its execution for a specific case.

Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate Aan Rizalni Kurniawan; Faisal Santiago; Evita Isretno Israhadi
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.817

The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.

Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia Askolani Jasi; Megawati Barthos; Faisal Santiago
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.818

Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.

Implementation of Investigations and Investigations in Revealing Criminal Acts of Premeditated Murder Agus Fahrur Rozi; Faisal Santiago; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.839

Efforts to investigate and investigate the crime of premeditated murder is regulated in the Criminal Procedure Code (KUHAP), namely Law Number 8 of 1981, Article 1 points 1 and 2 formulate the meaning of investigation. The reality on the ground shows that the implementation of investigations and investigations in uncovering cases of premeditated murder cannot be carried out optimally because there are obstacles to the lack of witnesses and evidence. The formulation of the problem in this study is: How is the implementation of investigations and investigations in uncovering cases of premeditated murder? The author uses an empirical juridical approach, using primary and secondary data. Data analysis using qualitative analysis. The results show that: The examination cycle should be done expertly by agents in view of regulation other than the Criminal Methodology Code which frames the legitimate reason for specialists is Police Guideline (Perpol) Number 6 of 2019 concerning the Nullification of Perkap Number 14 of 2012 concerning The executives of Criminal Examination.

The role of the Corruption Eradication Commission (CEC) in carrying out its functions and authorities to eradicate corruption Bambang Budi Priyanto; Faisal Santiago; Zudan Arief Fakrulloh
Jurnal Indonesia Sosial Sains Vol. 4 No. 07 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i07.857

A clean government is a government that is free from the practice of Collusion, Corruption and Nopotism (CCN). Thus, the implementation of clean law and government must be supported by the participation of the community and / or community institutions through the function of control over the implementation of public government and development tasks in an effort to realize good governance. This research includes empirical legal research that uses primary data supported by literature research as secondary data. This research focuses on the function of the KPK's authority in eradicating corruption. The KPK in the Indonesian constitutional structure according to Law Number 19 of 2019 concerning Article 3 of the Corruption Eradication Commission, the Corruption Eradication Commission hereinafter referred to as the Corruption Eradication Commission is a state agency that has executive power that carries out the task of preventing and eradicating Corruption Criminal Acts in accordance with this Law. According to its function, the position of the KPK is equated with the Police and Prosecutor's Office. The KPK is still independent and free from any power. In this provision, what is meant by "any power" is a power that can affect the duties and authorities of the Corruption Eradication Commission or individual members of the Commission from the executive, judiciary, legislature, other parties related to corruption criminal cases, or circumstances and situations or for any reason.

Obstacles and Solutions in Law Enforcement Against the Crime of Electronic Data and Information Falsification Faisal Santiago; Endro Satoto
Jurnal Indonesia Sosial Sains Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i1.937

The criminal act of falsifying data via the internet is included in the category of cybercrime and still faces obstacles in law enforcement. The formulation of the problem in this research is about the factors that cause criminal acts of falsifying information data and electronic transactions, law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions, as well as the obstacles faced in law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions, and how to overcome them. The author uses an empirical juridical approach, using primary and secondary data. Data analysis uses qualitative analysis. The research results show that: Law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions is divided into three, namely preemptive, preventive, and repressive. The obstacles faced in law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions are divided into internal obstacles, namely the limited number of investigators, high operational costs, and lack of optimal coordination between the police and other related parties. Meanwhile, external obstacles include the lack of evidence obtained from the victim, the majority of witnesses not knowing who the person was, when, what they were using, and the reason the account was created, and a lack of legal awareness from the public.

Obstacles and Solutions in Law Enforcement Against the Crime of Electronic Data and Information Falsification Faisal Santiago; Endro Satoto
Jurnal Indonesia Sosial Sains Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i1.937

The criminal act of falsifying data via the internet is included in the category of cybercrime and still faces obstacles in law enforcement. The formulation of the problem in this research is about the factors that cause criminal acts of falsifying information data and electronic transactions, law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions, as well as the obstacles faced in law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions, and how to overcome them. The author uses an empirical juridical approach, using primary and secondary data. Data analysis uses qualitative analysis. The research results show that: Law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions is divided into three, namely preemptive, preventive, and repressive. The obstacles faced in law enforcement against perpetrators of criminal acts of falsifying information data and electronic transactions are divided into internal obstacles, namely the limited number of investigators, high operational costs, and lack of optimal coordination between the police and other related parties. Meanwhile, external obstacles include the lack of evidence obtained from the victim, the majority of witnesses not knowing who the person was, when, what they were using, and the reason the account was created, and a lack of legal awareness from the public.

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