Asep Heri
Faculty of Law, Merdeka University Surabaya, Indonesia

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Transfer of Agricultural Land Function in relation to Spatial Law on Yusuf Efendi; Mohammad Roesli; Asep Heri
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.139

Abstract

The purpose of this study is to analyze the legal procedures for permitting land use change in the perspective of administrative law. space, in terms of reviewing positive law and the strength of the influence of laws and regulations, reviewing positive law in terms of legal effectiveness. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. Thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. Agricultural land products have received protection in accordance with the ratification of Law no. 41 of 2009 and this is also reinforced by Presidential Regulation No. 59 of 2019 concerning controlling land use change, but in reality population growth and the need to live together with development are rife being built regardless of the concept of being environmentally intelligent. but in concept the existing legal regulations are still based on large entrepreneurs with high production capacity which suppress the compulsion of rural farmers who are far from government administration.
Implementation of Disciplinary Penalties For Conditioners Who Violate The Rule of Order In Class I Penalty Institution In Surabaya Lucky Dwikinanda Winduastiko; Asep Heri
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.204

Abstract

The implementation of disciplinary punishment for convicts who violate the order is based on Minister of Law and Human Rights Regulation No. 6 of 2013 concerning Rules of Correctional Institutions and State Detention Houses in Relation to Convict Development (Studies in Class I Correctional Institutions in Surabaya). The approach method used in this research is a juridical-sociological approach. From the results of this thesis research it is concluded that Administrative Sanctions for Correctional Families violate Article 4 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 6 of 2013, namely violations in the form of minor violations, moderate violations and serious violations. Applied to all Correctional Inmates in Correctional Institutions, with the aim of disciplinary punishment as a form of administrative sanction to improve and educate Correctional Inmates who commit disciplinary violations. Law enforcement is needed in handling violations of disciplinary regulations for Correctional Families. In practice, the procedures for implementing administrative sanctions for inmates of corrective correctional centers are focused on correctional officers who must be obliged to re-examine inmates in accordance with the flow of the mechanism for disciplinary violations, with the aim of finding out the violations that have been committed. In this case, the sense of justice and security in the correctional cell takes precedence. If a prisoner has committed an offense before, then the officer will provide appropriate sanctions and of course the sanctions given will be heavier than the disciplinary punishment ever imposed on him, but only only one sentence.