Garuda - Garba Rujukan Digital

Analysis Of Land Disputes Arising From Land Procurement Activities In The Development Of Public Facilities And Infrastructure (Review of Law Number 2 of 2012 concerning Land Acquisition Askolani Jasi; Evita Isretno Israhadi; Riswadi Riswadi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

The phenomenon of the pros and cons of the Cipta Field or Omnibus Law regulations, for those who are pro, is the right solution to address the problem of overlapping laws and regulations in Indonesia. Whereas those who are against, think that the omnibus law plan is seen as an effort to delegitimize the rights of every sector of national life, especially regarding employment and other sectors that may be affected by its implementation. Thus, the implementation of the Omnibus Law must be seen from various aspects, including legal theory and more technical aspects of state administrative law in the Unitary State of the Republic of Indonesia

The Role of the Police in Overcoming Motorcycle Racing Actions that Disturb Road Users Afriyanto Afriyanto; Riswadi Riswadi; Ahmad Redi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Efforts to eradicate the act of illegal racing on the road seemed endless. The police seem to be tireless in conducting raids on illegal races and they are also constantly making efforts to develop them. All methods have been tried, from the soft method to the rather hard approach. However, all the efforts and hard work of the authorities to eradicate the illegal races seemed meaningless. But the action of motor racing on the streets is still getting worse. In terms of efforts to overcome illegal racing behaviour which is very troubling to the community, law enforcement officers in this case the traffic police take preventive and repressive measures in tackling illegal racing actions. The implementation of law enforcement, especially the police, is obliged to maintain public order in order to create security and comfort in traffic. And providing a sense of security to every motorized vehicle driver, law enforcement is carried out by means of repressive efforts, which is an effort to combat illegal racing actions conceptually which was taken after the occurrence of the Illegal Racing Action. The sanction given is detention in accordance with Law No. 22 of 2009 and given a penalty in accordance with article 309, the sanction is a fine of Rp. 3,000,000.00, for a deterrent effect the police will hold the vehicle for 2 months. Countermeasures with repressive efforts are intended to take action against the perpetrators of crimes in accordance with their actions and improve them again so that they are aware that their actions are unlawful and detrimental to society

Legal Position Between Narcotics Addicts and Narcotics Abusers in the Perspective of Law Number 35 of 2009 Concerning Narcotics Miftahul Munir; Riswadi Riswadi; Evita Isretno Israhadi
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.v4i05.836

In the overall set of laws in Indonesia, opiates misuse is qualified as a wrongdoing in the opiates area which is controlled in Regulation no. 35 of 2009 concerning Opiates. Opiates wrongdoing is viewed as a type of wrongdoing that has serious ramifications for the eventual fate of this country, obliterating life and the future, particularly for the more youthful age. As indicated by Article 127 passage (1) Regulation no. 35 of 2009, Each individual who mishandles Opiates Classification I for himself will be rebuffed with detainment for a limit of 4 (four) years; Each individual who manhandles Opiates Classification II for himself will be rebuffed with detainment for a limit of 2 (two) years; and Each victimizer of Opiates Class III for himself will be rebuffed with detainment for a limit of 1 (one) year. Concerning what is implied by victimizers are individuals who use opiates without privileges or are illegal. The Opiates Regulation plans to: Guarantee courses of action for clinical and social restoration endeavors for opiates victimizers and fiends", be that as it may, Article 54 of the Law states "Opiates Junkies and Casualties of Opiates Victimizers are expected to go through clinical recovery and social recovery". In light of Article 54, the right of victimizers to get recovery isn't perceived. Moreover, victimizers who get recovery ensures under 4 Regulation no. 35 of 2009, however in Article 127 victimizers are created subjects who can be sentenced and lose their recovery freedoms except if they can be demonstrated or shown to be survivors of opiates. Demonstrating that opiates victimizers are survivors of opiates is a troublesome matter since it should be seen from the start that opiates clients use opiates. Likewise, it is important to demonstrate that opiates clients while utilizing opiates are in a state of being convinced, deceived, misdirected, constrained, as well as taken steps to utilize opiates.

Legal Protection Of The Notary In The Production Of A Notarial Deed Riswadi Riswadi; Rospita Rufina Situngkir
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.v5i1.940

Along with the development of increasingly modern life, which is characterized by increasing legal relations in written form between fellow citizens, social institutions, and government institutions, the function of a Notary becomes increasingly important, especially in terms of making authentic deeds that can provide legal certainty for the parties. interested parties, parties who receive rights, and their heirs. In other words, as a legal country (rechtstaat), Indonesia is very interested in the existence of professional Notaries. The state's interest in the existence of a professional Notary can be seen in the explanation section of the UUJN, which states the importance of the existence of a Notary, namely related to making authentic deeds. The making of an authentic deed is required by statutory regulations in the context of legal certainty, order, and legal protection for the people who need it. In carrying out his position a notary must be able to act professionally based on a noble personality by always carrying out his duties by the applicable statutory regulations while upholding the notary professional code of ethics as a guideline that must be adhered to. Notaries need to pay attention to what is called professional behavior which has the following elements: (1) having strong moral integrity; (2) being honest with clients and oneself (intellectual honesty); (3) being aware of the limits of their authority; and (4) not based solely on monetary considerations. Article 16 letter a of Law Number 2 of 2014 concerning the Position of Notaries (UUJN) determines that notaries are obliged to act honestly, carefully, independently, impartially, and safeguard the interests of the parties involved in legal actions. In addition, notaries as public officials must be sensitive, responsive, have sharp thinking, and be able to provide appropriate analysis of every legal phenomenon and social phenomenon that arises so that this will foster an attitude of courage in taking appropriate action. The courage referred to here is the courage to carry out correct legal actions by applicable laws and regulations through the deeds that are made and firmly reject the making of deeds that are contrary to law, morals, and ethics. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific, specifically those related to the research topic, namely Legal Protection of Notaries in Making Notarial Deeds. This research resulted in the finding that Notaries are public officials who, according to Law no. 2 of 2014 concerning Amendments to Law no. 30 of 2004 concerning the Position of Notary, hereinafter referred to as UUJN, are given the authority to make authentic deeds regarding all acts, agreements, and stipulations required by statutory regulations and/or as desired. UUJN-P only regulates the provisions for administrative and civil sanctions. However, the Notary's criminal responsibility is imposed if the Notary is proven to have committed a criminal act. If a criminal offense is committed by a Notary, the Notary may be subject to criminal sanctions based on the Criminal Code, while there are several notes that such penalties can be imposed on the Notary.

Juridical Analysis of Legal Protection On Charges Due To Discretionary Authority For Regional Officials Untung Saritomo; Riswadi Riswadi
Journal Research of Social Science, Economics, and Management Vol. 3 No. 12 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v3i12.676

This article reviews the roles and responsibilities of local officials in the use of discretionary powers and the legal repercussions that may arise from their decisions. Through a juridical approach, it investigates the legal protections available to local officials when they face indictments or lawsuits as a result of their discretionary actions. Taking into account the existing legal framework, this article analyzes various factors that may influence whether local officials will be held legally responsible for their discretionary decisions, including ethical, public policy and fairness considerations. In addition, it explores the legal safeguards that local officials can take, including enforceability of laws, liability insurance, and dispute resolution mechanisms. As such, this article aims to provide a better understanding of the complexities of legal protection for local officials in the context of the use of discretionary authority. The results showed that legal protection for regional officials related to the use of discretionary authority can be seen from various aspects, including the principle of legality, the principle of legal certainty and accountability. The juridical analysis of legal protection against charges due to discretionary authority for regional officials shows the importance of a deep understanding of the limits and responsibilities attached to the use of such authority. By paying attention to aspects of legality, legal certainty, and accountability, it is hoped that legal protection for regional officials can be guaranteed in the context of the use of discretionary authority.

The Dynamics of the Role of Land Office Mediators in Facilitating Settlement Agreements in Land Disputes Muhenri Sihotang; Riswadi Riswadi
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.453

Land disputes are legal issues that arise when there are overlapping or conflicting claims or demands regarding land rights among different parties. This study examines the role of Land Office mediators in resolving land disputes in Indonesia, focusing on challenges and strategies to enhance mediation effectiveness. The research identifies obstacles such as limited legal understanding among mediators, unclear procedures, pressure from third parties, and uncooperative attitudes from disputing parties. A normative legal research method, supported by legislative and conceptual approaches, is employed to analyze relevant laws and mediation practices. Findings indicate that effective mediation requires improving mediator capacity, standardizing procedures, fostering cooperation with stakeholders, and raising public awareness. Solutions proposed include targeted mediator training, developing clear protocols, and creating an enabling environment for constructive dialogue. These measures are expected to enhance the mediation process, ensuring fair and sustainable outcomes while promoting social harmony and economic stability in land management.

Legal Protection Of The Notary In The Production Of A Notarial Deed Riswadi Riswadi; Rospita Rufina Situngkir
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.v5i1.940

Along with the development of increasingly modern life, which is characterized by increasing legal relations in written form between fellow citizens, social institutions, and government institutions, the function of a Notary becomes increasingly important, especially in terms of making authentic deeds that can provide legal certainty for the parties. interested parties, parties who receive rights, and their heirs. In other words, as a legal country (rechtstaat), Indonesia is very interested in the existence of professional Notaries. The state's interest in the existence of a professional Notary can be seen in the explanation section of the UUJN, which states the importance of the existence of a Notary, namely related to making authentic deeds. The making of an authentic deed is required by statutory regulations in the context of legal certainty, order, and legal protection for the people who need it. In carrying out his position a notary must be able to act professionally based on a noble personality by always carrying out his duties by the applicable statutory regulations while upholding the notary professional code of ethics as a guideline that must be adhered to. Notaries need to pay attention to what is called professional behavior which has the following elements: (1) having strong moral integrity; (2) being honest with clients and oneself (intellectual honesty); (3) being aware of the limits of their authority; and (4) not based solely on monetary considerations. Article 16 letter a of Law Number 2 of 2014 concerning the Position of Notaries (UUJN) determines that notaries are obliged to act honestly, carefully, independently, impartially, and safeguard the interests of the parties involved in legal actions. In addition, notaries as public officials must be sensitive, responsive, have sharp thinking, and be able to provide appropriate analysis of every legal phenomenon and social phenomenon that arises so that this will foster an attitude of courage in taking appropriate action. The courage referred to here is the courage to carry out correct legal actions by applicable laws and regulations through the deeds that are made and firmly reject the making of deeds that are contrary to law, morals, and ethics. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific, specifically those related to the research topic, namely Legal Protection of Notaries in Making Notarial Deeds. This research resulted in the finding that Notaries are public officials who, according to Law no. 2 of 2014 concerning Amendments to Law no. 30 of 2004 concerning the Position of Notary, hereinafter referred to as UUJN, are given the authority to make authentic deeds regarding all acts, agreements, and stipulations required by statutory regulations and/or as desired. UUJN-P only regulates the provisions for administrative and civil sanctions. However, the Notary's criminal responsibility is imposed if the Notary is proven to have committed a criminal act. If a criminal offense is committed by a Notary, the Notary may be subject to criminal sanctions based on the Criminal Code, while there are several notes that such penalties can be imposed on the Notary.

Legal Reconstruction of Non-Conviction-Based Asset Forfeiture for State Loss Recovery from Corruption Crimes Adhitya Anugrah Nasution; Riswadi Riswadi
Return : Study of Management, Economic and Bussines Vol. 3 No. 11 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i11.293

The confiscation of assets without criminal prosecution has become a crucial mechanism in the fight against corruption in Indonesia, particularly in cases where prosecution is hindered by the death or absence of the perpetrators. Despite being permitted under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, its implementation faces significant challenges, primarily stemming from legal uncertainty and gaps in regulatory frameworks. This study aims to address these issues by examining the existing regulations, identifying deficiencies, and proposing legal reforms to enhance asset recovery mechanisms. Utilizing a normative method approach, this study analyzes national regulations and compares them with international practices, particularly those outlined in the United Nations Convention Against Corruption (UNCAC) 2003. The results highlight that the current laws lack clarity and comprehensiveness, leading to inconsistent application and difficulties in recovering state assets. The study recommends legal reconstruction, including amendments and additions to existing laws, to bridge these gaps. By adopting international best practices, Indonesia can improve its legal framework, ensuring more effective asset recovery and fostering greater public trust in the legal system. This study underscores the need for robust legal reform to strengthen the eradication of corruption and uphold justice.

Legal Deliberation and Police Reform to Increase Transparency and Accountability in Law Enforcement Dwi Asmoro; Riswadi Riswadi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 5 (2024): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i6.248

The research method used is normative juridical research that will be used to analyze the concepts of legal deliberation and police reform from a legal perspective that involves an in-depth understanding of the legal framework governing law enforcement and the role of the police, as well as an assessment of the extent to which the principles of legal deliberation can be implemented in the legal context. Legal deliberation focused on police reform is an important step in increasing transparency and accountability in law enforcement. By encouraging inclusive dialogue and active participation of various stakeholders, including civil society and watchdog institutions, this deliberative process can strengthen the integrity and effectiveness of the police institution. Through policy review, training, and rigorous oversight, police reform can result in a more transparent, accountable, and community service-oriented system, which in turn will increase public trust and fairness in law enforcement.

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