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All Journal Pembaharuan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Law Development Journal
Yahman Yahman
Universitas Bhayangkara Surabaya
Humanities Law, Crime, Criminology & Criminal Justice

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The Important Role of the Land Bank Concept in Perspective Land & Agrarian Law in Indonesia Yahman Yahman
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.256-270

Abstract

This study aims to determine the laws and regulations closely related to land bank regulations and how to harmonize land bank regulations in UUCK and Land Bank RPP against these laws and regulations. The research method used is normative legal research with a qualitative approach. This research refers to the Statute Approach to analyze laws and regulations related to Land Bank regulations and analyze the harmonization of Land Bank regulations against other laws and regulations, especially in the Land and Spatial Planning field. The results of this study are related to the rules and regulations on the implementation of land banks, among others, namely, Act No. 5 of 1960 concerning Basic Regulations of Agrarian Principles, Act No. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land, Act No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest, Act No. 26 of 2007 concerning Spatial Planning, Government Regulation of the Republic of Indonesia Number 11 of 2010 concerning the Control and Utilization of Abandoned Land, Presidential Regulation Number 86 of 2018 concerning Agrarian Reform, and there is harmonization and disharmonization of the articles of Land Bank regulation in the UUCK and Land Bank RPP against several other related laws. Regarding the practice of land banks, the Government needs to view cumulative justice, which lies in the equal opportunities that all people have to own Land, especially landless farmers, through land redistribution, the flagship program of land banks.
THE HUMAN RIGHTS IN INDONESIA AS SEEN THROUGH VARIOUS ASPECTS OF LEGAL AND CUSTOM LIFE Dadang Sumarna; Yenny Febrianty; Marjan Miharja; Yahman Yahman; Christopher Panal Lumban Gaol
Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i2.31305

Abstract

The purpose of this research is to analyze Human Rights in Indonesia from a Legal Perspective and a Customary Life Perspective. Based on Indonesian law and the way of life in each region, regional regulations are established to protect inhabitants' human rights. This research was carried out using normative methods with research through a literature study. As a guarantee of the notion of equality among all humans, HAM, or human rights, is a fundamental value that must be safeguarded and maintained. It is not just in Indonesia but anywhere else in the world. Right now, there is an imbalance between the respect for human rights and how those rights are put into practice. In spite of these circumstances, Indonesian conversation and debate are nonetheless highly fascinating. With regard to human rights, in particular. In order to examine human rights in relation to various legal and customary aspects of life in Indonesia, this research was conducted utilizing the literature review technique. The findings of this research describe the state of human rights in light of Indonesia's legislative and cultural traditions. The issue of indigenous peoples has indeed become one of the strongest issues in international development. Indigenous peoples are a community group that must receive attention in mitigation and adaptation efforts.
OMNIBUS LAW IMPACT ON WORKER WELFARE IS UNCERTAIN Achmad zahruudin; Yahman Yahman; Dudik Djaja Sidarta; Arman Paramansyah; Loso Judijanto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4274

Abstract

The Omnibus Law, also known as the Omnibus Law , is a progressive step taken by the government in the legal sector. Its purpose is to eliminate overlaps and conflicts between laws and regulations in similar sectors by reorganizing them. The legal protection of workers' normative rights in the Omnibus Law will also be analyzed. This thesis aims to examine the regulation of normative rights of workers in the Omnibus Law and compare its strengths and weaknesses to Law Number 13 of 2003. The research method used is normative juridical legal research, which involves referring to legal norms and researching library materials or secondary materials. This includes processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that the Omnibus Law regulates normative labor rights to protect workers, as stated in Article 80. This article aims to strengthen worker protection, increase their role, and improve their welfare in supporting the investment ecosystem. The Omnibus Law is weaker than Law Number 13 of 2003 in terms of regulating the normative rights of workers. It is considered detrimental to workers and lacks legal protection for their normative rights. The only provides limited protection for workers' rights through Article 81, which is related to employment. Legal protection should guarantee workers' rights, as outlined in Law Number 11 of 2020 concerning Job Creation
Co-Authors Achmad zahruudin Arman Paramansyah Christopher Panal Lumban Gaol Dadang Sumarna Dudik Djaja Sidarta Loso Judijanto Marjan Miharja Yenny Febrianty