Article Per Year (5 Year)
p-Index From 2021 - 2026
1.006
P-Index
This Author published in this journals
All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Pena Justisia: Media Komunikasi dan Kajian Hukum Indonesian Journal of Multidisciplinary Science Justice Voice
Arivan Halim
Universitas Krisnadwipayana
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Indonesian Journal of Multidisciplinary Science

 1 
Legal Construction of Dispute Resolution Mining Land Overlapping with Plantation Land Halim, Arivan
Indonesian Journal of Multidisciplinary Science Vol. 2 No. 8 (2023): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v2i8.522

Abstract

Indonesian Agrarian Law recognizes the principle of horizontal separation which has consequences for classifying land rights. One of the granting and acquisition of land rights can be given to mining and plantation businesses. Even so, the granting of land rights to these two types of businesses still generates a lot of disputes . The dispute that occurred was overlapping in the granting of business licenses to mining businesses and/or plantation businesses, based on State Administration decisions issued by State Administration Officials that were not in accordance with statutory regulations and did not heed the General Principles of Good Governance in particular the principle of precision. The purpose of this scientific work is to provide a legal construction for resolving disputes over overlapping mining land and plantation land. The author uses a way of reviewing the applicable laws and regulations, existing theories and principles critically and systematically. The legal constructions offered are civil lawsuit to request compensation through the District Court to the State Administrative Officer who made the State Administrative Decision after the issuance of the State Administrative Court Decision which has a ruling granting the claim to cancel the State Administrative Decision which caused losses and has permanent legal force.
Judicial control over government’s abuse of authority through administrative and corruption law Latif, Abdul; Halim, Arivan
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 2 (2023): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i2.732

Abstract

Law Number 30 of 2014 concerning Government Administration, prohibits abuse of authority by government agencies/officials both central and regional, but in practice there are often acts of abuse of authority of Government Agencies/Officials. This paper describes how Judicial Control over abuse of authority through government administrative legal means and Corruption Criminal Acts which, in practice, cause controversy in the enforcement of corruption crimes, especially by Government Officials and State Civil Apparatus. The legal approach to the above problems is carried out by normatively analyzing the laws and regulations governing the prohibition of abuse of power according to Government Administration Law and the Sociology approach according to the practice and / or decision of the Court in the enforcement of corruption crimes committed by organs / bodies of Government officials or State Civil Apparatus. From the results of the study of these problems in the paper, it can be concluded that abuse of authority in government administration is a form of preventive restriction. Meanwhile, abusing authority in the Criminal Law is a form of repressive action. Abuse of authority stipulated in Article 20 of the UUAP is interpreted as an administrative error committed by government agencies/officials, but if there are legal consequences in the form of state financial losses, it is qualified as a criminal act of corruption.
Co-Authors Abdul Latif Elizabeth Irianti Mayangsari Runtu