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PEROLEHAN TANAH ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT PAPUA DALAM PROGRAM MIFEE (MERAUKE INTEGRATED FOOD AND ENERGYE STATE) DITINJAU DARI PERSPEKTIF HUKUM AGRARIA Rika Maryam
J-LEE - Journal of Law, English, and Economics Vol 5 No 1 (2023): Publication JLEE Vol 5 No 1 Juni 2023
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/j-lee.v5i1.1117

Abstract

This journal aims to determine the process of acquiring land for customary land in the Merauke Integrated Food and Energy Estate (MIFEE) program. whether it is in line with the principle of land acquisition in national agrarian law, and to find out the effect of customary law that arises if customary land is transferred to public interests. The research method used is an empirical juridical research method. Transfer of customary land rights for the public interest. As well as the potential impact of the Merauke Integrated Food and Energy Estate (MIFEE) Project on the quality of life of local indigenous peoples.
Tanggung Jawab Direksi Persero Pada Pengadaan Barang dan Jasa di BUMN dalam Hal Terjadi Kerugian Rika Maryam
Jurnal Hukum In Concreto Vol 2 No 1 (2023): Jurnal Hukum In Concreto Volume 2 Nomor 1 2023
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v2i1.980

Abstract

In the current era of transparency of the procurement of goods and services in the State Owned Enterprises (BUMN), a lot of scrutiny of the public because it is considered unprofessional, inefficient and not transparent so that adds to costs incurred by the state / government to maintain its existence. Public assessment of the performance of directors, raises the question of what exactly is at the root problems that lead to inefficient and not optimal performance of directors in the management of BUMN. How the position, role and legal responsibility of directors in the procurement of goods and services in the state? How the application of the principle of standard operational procedure in the process of procurement of goods and services in state-owned enterprises so as to create good corporate governance. Based on the research results it can be known that there was no strict regulation in the Law on BUMN regarding the position and role of directors in losses in the process of procurement of goods and services by state enterprises. In the law only outlines the duties and liabilities of directors which will give rise to legal liability not only in terms of the civil law but also in terms of criminal law if it is proved that the directors do perversity of its legal obligations in performing the management of the company's adverse BUMN. But directors also can defend against him through the principles of the business judgment rule if it can prove that in the process of procurement of goods and services sesusai with standard operation procedures, and implemented in good faith and honest so that losses in the company was not caused due to errors or omissions arising directors of the self itself.