Claim Missing Document
Check
Articles

Juridical Review of People's Business Credit Agreement (KUR) between Customers and PT. Regional Development Banks Ipmawan Muhammad Iqbal; Moh Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

An agreement is an agreement made between one party and another party in written or verbal form to achieve a certain thing. In borrowing money or credit at a bank or non‐bank institution, there is a written agreement made by the customer with the creditor. In a government program to help the community in terms of capital to build or continue a business, the government issued a people's business credit program that can assist the community in business capital matters. In the people's business credit agreement, the customer who will enter into the agreement must pay attention to the contents or legal constrictions of the agreement and understand how to resolve disputes between the customer and the bank. This study uses a juridical‐empirical research method with interviews with sources involved in people's business credit agreements, so that this research can be useful to the public in order to know the contents of the legal construction of people's business credit agreements and procedures for settling disputes between customers and banks or creditors.
The Politics of Electional Law in Indonesia Moh Indra Bangsawan; Kukuh Ari Febrianto
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Less than a year from now the 2024 elections will be held. The preparatory stage is underway. That is, the election process has been running in such a way. The request to change the open proportional system seemed to be a stumbling block in the process of organizing the 2024 elections. Problems arose when a request registered with Case Number 114/PUU‐XX/2022 which essentially requested Indonesia to switch to a closed proportional election system was filed with the Constitutional Court. The request was submitted by the PDIP, represented by Demas Brian Wicaksono and five other individuals. This request gave birth to a polemic in the community. The cause of changes to the main foundation in holding elections, namely the electoral system, will greatly affect the whole series of democratic parties. Departing from these problems, the authors conducted a series of critical analysis studies to examine these issues.
Contemporary Agrarian Legal Policy in Indonesia Muhammad Ridwan Murtiyanto; Moh Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The implementation policy of Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA) focuses on serving many people, especially farmers, who make up the majority of Indonesia's population experiencing economic difficulties. At that time, agrarian reform rules began to be implemented which included restrictions on ownership of agricultural land, prohibition of inactive landowners, redistribution of land affected by agrarian reform and mortgage owners of agricultural land. Apart from that, the eradication of colonial rights was also carried out and changes in legal provisions governing previous land ownership became new rights in accordance with the UUPA. Reforms in the field of land law continue to be needed and carried out by the community, but the government has so far maintained the legitimacy of the BAL by trying to adapt to the current reform conditions. The purpose of this research is to understand the political development of national agrarian law in Indonesia and how the direction of development and reform of national agrarian law is. This is related to efforts to create jobs. The research method used is descriptive‐qualitative using secondary data sources. Since the enactment of the BAL, the political development of national agrarian law has experienced ups and downs in its application. Agrarian reform is an unavoidable need to realize justice in an effort to improve people's welfare, especially farmers, fishermen and indigenous peoples, which must be accompanied by reform of agrarian law in Indonesia.
Personal Data Legal Protection Policy in Indonesia Moh Indra Bangsawan; Dewi Kusuma Diarti; Bambang Sukoco
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The 1945 Constitution of the Republic of Indonesia Article 28 G paragraph (1) emphasizes that every person has the right to personal protection, family, honor, dignity and property under his control, as well as the right to a sense of security and protection from the threat of fear. to do or not do something that is a human right. This research aims to 1). Describe the threat to data resources after the Covid‐19 pandemic 2). Describe the personal data protection policy in Indonesia. This research is normative legal research carried out by examining library materials or secondary data. The approaches used are the statutory approach and the conceptual approach to data resource management. The type of study in this research is more descriptive, because it aims to clearly describe various things related to the object being studied. The policies offered in the research are policies carried out using descriptive analysis. The identification process is carried out by looking for the root causes that influence the lack of optimal legal protection of data resources after the Covid‐19 pandemic.
The Government's Realization in Environmental Law Enforcement is Reviewed from The Indonesian State Administrative Law Mariska Jasiaat; Rike Ayu Pinastiya Dinar Anggraini; Khansa Adelia Labibah; Nunik Nurhayati; Moh. Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The environmental sector is affected by globalization. Indonesia is one of the countries affected by globalization, which results in pollution and degradation of local ecology. Therefore, the government enacted laws, especially Law Number 32 of 2009, which addresses and regulates issues related to environmental protection and management. The author uses a normative juridical analysis approach to determine government accountability and the implementation of Law No. 32 of 2009 through juridical review. The Central Government and Local Government have the responsibility to protect the environment, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. Article 63 of Law Number 32 of 2009 stipulates the responsibilities and authorities of the Central Government and Regional Government. There are two different approaches to prevention: preventive measures and repressive efforts. Environmental law enforcement administratively seeks to avoid pollution and environmental damage, while at the same time seeking to punish those responsible for environmental pollution and damage.
Juridical Analysis of Political Dynasty in Regional Head Elections in Indonesia Juanda Yuviant Hafiidh; Moh. Indra Bangsawan; Jan Alizea Sybelle
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Political dynasty is a power run by a group of people who are still related by blood or within the family sphere. If we look at the reality of government in Indonesia, the practice of this power often occurs in political dynasties, one of which is in local government in Indonesia. The research method used by the author in this journal has a normative nature and is based on the perspective of democratic theory as a reference in writing this journal. Then, this type of research is descriptive qualitative with data analysis techniques in the form of literature studies by examining books and literature related to problems in this journal. A democratic state that involves the right of its people to participate in politics. Whereas autocratic states, political rights are granted and held to a larger group of citizens. Implicitly, it means that the phenomenon of political dynasties is a manifesto of an autocratic state. The phenomenon of political dynasties practiced by regional heads massively can be conceded that the practice of political dynasties has contradicted Article 7 letter r of the Election Law, but this article also contradicts the 1945 Constitution unconstitutionally and has no binding legal force.
Development of Land Legal Policy in The Reform Era Reviewed from The Perspective of Agrarian Justice Muhammad Farrel Haristyanto; Moh. Indra Bangsawan; Clarizze Yvoine Mirielle
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Law Number 5 of 1960 concerning Basic Land Regulations or what we know as the Basic Land Law (UUPA) is one of the general policies in the form of statutory regulations that have been implemented for approximately 48 years. Land policy in Indonesia viewed from the perspective of agrarian justice is still not appropriate because in all social, political, legal and economic institutions, justice is the basic structure of society; because the regulation of social institutions has a fundamental impact on the prospects of an individual's life, the implementation of the UUPA has undergone various changes due to differences in the sequence of visions, missions, strategies, policies and government programs. Seeing that the human values embedded in land legislation are decreasing. The need for reform in the field of land law continues to emerge and continues to be carried out by the community, but the government has so far maintained the legitimacy of the UUPA by trying to adapt to the conditions that are developing in the current reform. This study aims to find out how land law policies in Indonesia and how land law policies are viewed from the perspective of agrarian justice. Then these problems are examined using descriptive-qualitative research methods using descriptive research types and secondary data sources.
Proprietary Land Registration Policy is Based on Government Regulation Number 18 of 2021 Concerning Land Registration Rights Fadila Fais Alim; Moh. Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Population growth is increasing every year, in proportion to the need for land. This shows that soil is an important element for humans. Land is an important economic factor and has strategic value wherever it is social, political or cultural. This imbalance forces people to use various methods to dominate and even own land, although in the end it will lead to disputes, conflicts and land issues. To ensure legal certainty of land rights, land registration activities are carried out which are a series of land administration activities in collecting and processing physical and juridical data. The research approach method used by researchers is empirical juridical by using approach/theory/concept and analytical methods which are included in the dogmatic discipline of Law. This study aims to study the legal basis used in land registration and to study the mechanism of land registration in Indonesia. This research conducts research related to the Policy of Land Registration Based on Property Rights Peraturan Pemerintah Nomor 18 Tahun 2021 Tentang Hak Pendaftaran Tanah in BPN Pati. The findings of this study indicate that the land registration policy in Indonesia refers to Undang-Undang No. 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria where in its development there is an adjustment with the release PP No. 18 Tahun 2021 tentang Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun dan Pendaftaran Tanah.
Reviewing Montesquiue's Thoughts on Trias Politica and Its Relevance to Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia: Securing Freedom and Preventing Authoritarianism Alvian Tresna Chariza; Moh. Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Many legal researchers have published studies on Trias Politica, but few have applied it clearly in government and democratic systems, especially in Indonesia which has a mixed government system, namely the Presidential System and the Multiparty System which are regulated clearly in Article 6A paragraph (2) of the 1945 Constitution. , which causes uncertainty in government practices in Indonesia. This research aims to review how the concept of separation of powers in Montesquieu's Trias Politica develops in the legal and government system in Indonesia. This research uses a doctrinal method with a statutory and conceptual approach. The research results show that Indonesia has not implemented the Trias Politica concept firmly, and the application of Article 6A paragraph (2) has the potential to lead to abusepower.
Analysis of Judge's Ruling Number: 45/Pdt.G/2020/PN.Pwd Concerning Violation of Individual Guaranteed Land Osila Rama Sagita; Moh. Indra Bangsawan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Decision Number: 45/Pdt.G/2020/PN.Pwd is the final result of a conflict that occurred between Paryadi and PT BRI, KPKNL, and Notary Moch Farchan Ali Imaron. This conflict occurred when Paryadi borrowed a sum of money from BRI with a land certificate as collateral, then several times it turned out that Paryadi was unable to keep up with the installments that were supposed to be made. BRI then held an auction for the land and finally sold it. It turned out that the auction did not reveal Paryadi as the original owner of the land, so this case was brought to court. On the one hand, the court paid attention to the flaws in the auction carried out by BRI and KPKNL which could result in the auction being null and void, but in terms of evidence, Paryadi was unable to provide evidence that was strong enough to defend himself. And in this agreement, it turns out that there are many things that are considered flawed and can make an agreement flawed and null and void. This research uses a normative juridical method, which uses a legal approach which is the basis for an agreement to occur.
Co-Authors Absori Achmadi Aeni, Nur' Agusti Prayoga Agustian, Muhammad Dhani Ahiruddin Ahiruddin Ahmad Mushlih Al Farabi, Muhammad Ramdhan Fathin Alex Teguh Prastyo Alisa Zahra Sakdiya Alvian Tresna Chariza Amanda Khoirun Nisa Aminuddin Mustaffa ANDRIANSYAH Anissa Nur Zahrani Annisa Annisa Antonio, Marites Del Prado Arief Budiono Arnold Tri Hantoro Bambang Sukoco Binar Sapto Nugroho Boby Syefrinando Budi Santoso Candra Nur Alim Clarizze Yvoine Mirielle Dewi Eko Wati Dewi Kusuma Diarti Dewi Kusuma Diarti Dewi Kusuma Diarti Dewi Kusuma Diarti Dewi Kusuma Diarti Disemadi, Hari Sutra Eka Yektiningsih Endah Pujiastuti Endhico Prima Ardilaga Engine Kubota Esmara Sugeng Fadila Fais Alim Fadlilah Fadlilah Fahmi Fairuzzaman Fitriani Nur Damayanti Fortunasari, Fortunasari Fransisko Chaniago Ganadi, Yusse Putri Habibi, M. Fadly Hamdan Hamdan Harun Harun Hayati Hayati Hazairin Habe Hilham Fatiha Huda Huda Husin Husin Husin, Husin Iksan Iksan Ipmawan Muhammad Iqbal Istani, Istani Jan Alizea Sybelle Juanda Yuviant Hafiidh Kelik Wardiono Khansa Adelia Labibah Kukuh Ari Febrianto Layla Qodri Ani Lisa, Hendro Lukman Yusudin Luthfia Nurhaliza Wirawan M Junaidi Mariska Jasiaat Marjanah, Iramadya Dyah Michel Lee Tranh Muh. Ikbal, Muh. Muhamat Farera Syahbria Hutama Muhammad Farrel Haristyanto Muhammad Gilang Pratama Muhammad Ridwan Murtiyanto Muhammad Safrizal Nanik Rumiati Napratilora, Martina Natangsa Surbakti Nazari Nazari Nazurty Nazurty Nuria Siswi Enggarani Osila Rama Sagita R Rahmawani R Ramadani Raditya Bagus Pradana Ragilia Putri Wandansari Ramli, Michrun Nisa Ridwan, Ridwan Rika Maya Rika Yunita Hardiyati Rike Ayu Pinastiya Dinar Anggraini Ririn Anggraini Rizka Saffa Abdullah Abdad Safira Hafis Pradina Sandya Mahendra Sandya Mahendra Sandya Sandya Mahendra Sanjaya, Budi Siti Mariah Ulfah Sjahruddin, Herman Sri Utari. S, Maria Theresia Suci Fitriani, Suci Syaifuddin Zuhdi Tegar Wahyudi Tiara Dwiyanti Tirie, Frilita Bernadette Tranh, Michel Lee Trias Hernanda Trias Hernanda Ulfah Dwi Rahmawati Utami, Sapriya Utami, Supriyana Valisher Sapayev Via Puja Laksana Wafda Vivid Izziyana Wardah Yuspin Wida Daning Mulia Yuli Prasetyo Tri Pamungkas Yulian Dwi N yusse putri ganadi