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Analisis Penetapan Ganti Rugi dalam Pengadaan Tanah Untuk Pembangunan Kepentingan Umum (Studi Pada Kantor Pertanahan Kabupaten Simalungun) Sariani Silalahi, Hotmaria; Eddy, Triono; Limbong, Dayat
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2150

Abstract

Land acquisition for public development purposes is an important issue that requires special attention in legal aspects and implementation. This research aims to examine legal regulations, the role of the National Land Agency (BPN), and the determination of compensation values ​​in the context of the construction of the Indrapura-Kisaran toll road. The background to this research is based on the importance of legal certainty and justice in the land acquisition process, especially in ensuring that the community is not harmed. The research method used is normative juridical research with a statutory and regulatory approach, coupled with open interviews at the Simalungun Regency Land Office. Secondary data was obtained from legal documents, agrarian law literature, and other relevant sources. This research also involves field studies to obtain empirical data that supports normative analysis. The results of the research show that legal regulations in land acquisition are in accordance with Presidential Regulation of the Republic of Indonesia Number 148 of 2015 which amends Presidential Regulation Number 71 of 2012. The land procurement committee and land price assessment team have carried out their duties by considering various legal, physical and financial constraints. , which produces the principles of humanity, justice and openness. The role of BPN, through the formation of task forces in affected areas, has helped expedite the land acquisition process. Determination of the amount of compensation is carried out fairly and appropriately, involving an assessment from an independent team and taking into account the rights of the land owner. This research provides theoretical contributions in the fields of state administrative law and agrarian law, as well as providing practical recommendations for improving the land acquisition process in the future. It is hoped that the results of this research can prevent agrarian conflicts and help form more effective and fair laws and regulations.
Analisis Pengamanan Aset Tanah Milik Pemerintah Daerah Melalui Sertipikasi Di Kota Tanjungbalai (Studi Pada Kantor Pertanahan Kota Tanjungbalai) Simanjuntak, Adelina Pratiwi; Eddy, Triono; Limbong, Dayat
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2151

Abstract

The safeguarding of assets belonging to the Tanjungbalai city government through land certification. So on the plot of land it can be known with certainty the location of the land, the boundaries of the land, the area of the land, the buildings and the types of plants that are on it. Local governments in implementing their regional autonomy system will create good governance by making fundamental changes in the management and optimization of their resources. So that various affairs to the regional government which have been delegated the authority can be carried out optimally, one of which is the management of assets belonging to the local government of Tanjungbalai City. The problem in this study is to find out how to manage Tanjungbalai City government assets in the perspective of Law No. 1 of 2004 and Government Regulation No. 6 of 2006 and the efforts made by the Tajungbalai City government in securing land assets belonging to the region as well as the obstacles experienced by the City government. and the Tanjungbalai City Land Office. Based on research conducted at the Land Office of Tanjungbalai City and Tanjungbalai City Government, it was found that there was land that did not have rights as a result of the non-optimal work of the local government so that it gave positive changes to the assets of the Tanjungbalai city government.
Sustainable Development Legal Policies In The Implementation Of Sustainable Construction At Indonesia Agustina, Agustina; Eddy, Triono
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.v22i3.3477

Abstract

construction in Indonesia, and comprehensively discuss legal policies in overcoming the challenges and obstacles of sustainable construction. This type of research is normative juridical with a descriptive-analytical approach to discuss existing legal symptoms and problems and test them based on legislation and legal norms. The results of this research show that the legal regulation of sustainable development and construction is regulated in: the environmental protection and management law, the construction services law, the Presidential Regulation on the implementation of achieving sustainable development goals, and the PUPR ministerial regulation on guidelines for implementing sustainable construction in conjunction with the PUPR ministerial regulation on assessing the performance of green buildings. Legal policies in facing challenges and obstacles to sustainable development and construction are carried out through penal policies, namely strengthening regulations as guidelines for sustainable development and construction, the obligation to make strategic environmental studies in every government program and policy, non-penal by involving community participation in development, education, improving the quality of human resources and mastering green construction technology.
Konsepsi Ganti Kerugian Bagi Anak Korban Dalam Tindak Pidana Perdagangan Orang Berdasarkan Nilai Keadilan Kurniawan, M. Arief; Eddy, Triono; Mansar, Adi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4192

Abstract

Children are a gift from God that is inseparable from the survival of a nation, so their existence must be protected from everything that can damage them physically or mentally. Children who are victims of criminal acts of human trafficking should be treated like victims who should be protected by the government through existing laws and regulations so that child victims are no longer victims in a legal process with its various dynamics. Compensation for child victims in criminal acts of human trafficking based on the value of justice is realized through compensation. Compensation from the state is given in the event that the perpetrator of the crime of trafficking in persons is unable to pay restitution and the victim is a child, then the restitution can be replaced by providing compensation from the state to the child victim. Furthermore, with the concept of compensation in the form of compensation for child victims, reconstruction of article 48 of Law no. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, namely the addition of paragraph 8 (eight) in article 48 which states: "In the event that the perpetrator of the criminal act of human trafficking is unable to pay restitution while the victim is a child, the restitution can be replaced by providing compensation from the state towards the victim's children or their heirs
IMPLEMENTATION OF GOOD GOVERNANCE IN THE PROCUREMENT OF GOODS AND SERVICES TO ANTICIPATE STATE FINANCIAL LOSSES Pandi Harahap, Ahmad Ari; Triono Eddy; Ida Hanifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4261

Abstract

Procurement of government goods and services is one of the activities that is very prone to corruption, collusion, and nepotism (KKN). In addition to carrying out law enforcement, to overcome KKN in the procurement of goods and services, various supporting policies are established that are enforcement and prevention. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that Good Governance can anticipate state financial losses in the Government BJP through the implementation of the principles of participation, rule of law, transparency, effectiveness and efficiency, and accountability. The forms of policies in the procurement of fair goods and services are the establishment of integrity pacts by both relevant agencies and PJB participants, the E-procurement System, the procurement of goods and services through electronic tenders that are spared, and a comprehensive audit system to find indications of violations.Keywords: Good Governance, Goods and Services, State Finance, E-Governance, E-Procurement.
Concept of Business Dispute Resolution from a Justice Perspective Siahaan, Herikson P.; Eddy, Triono; Ramlan, Ramlan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4642

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Business activities are broader than trade, because the scope of business activities is not only trade, but covers broader fields such as production, processing, distribution, trade/marketing, export-import, procurement of goods/services, labor recruitment services, business consulting services , credit, credit guarantees, insurance, business cooperation, investment, mass media, property, capital markets, and others. The concept of resolution is that a private judge is not bound by various formalities, is quick in giving decisions, because it is in the final instance and is binding, which is easy to implement because the parties will obey it. Juridically based on Article 1 point 1 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UUAAPS) arbitration is a method of resolving a civil dispute outside the general court which is based on an arbitration agreement made in writing by the parties to the dispute. The Supreme Court of the Republic of Indonesia said that ADR is a concept of cooperative resolution of conflicts or disputes outside of court which is directed at an agreement or solution to a conflict or dispute that is "win-win". What is meant by a "win-win" solution is a solution or agreement that is able to reflect the interests or needs of all parties involved in the conflict (shared interest).
JURIDICAL ANALYSIS OF BORDER AREA LAND REGISTRATION AND CONSOLIDATION FROM AN ECOSYSTEM PERSPECTIVE THE ERA OF FIVE POINT ZERO DESTRUCTION Ginting, Lilawati; Eddy, Triono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4665

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Land Registration and Consolidation is a policy in the agrarian and land sector which in a constitutionalist approach is an obligation of the Government in all dimensions of Government management and administration, public services, and all aspects and dimensions of the National life system. Therefore, the author is determined to present the central theme in this journal, namely with the title "Judicial Analysis of Border Area Land Registration and Consolidation in the Ecosystem Perspective of the Five Point Zero Disruption Era".  This type of journal writing focuses on the type of normative legal writing. The data used to analyze the problem in question relies on secondary data. The approach methodology is carried out using legal research, through library research, prioritizing qualitative analysis. The theory used to analyze the problem formulation framework in question is by applying Volkgeist theory as a grand theory, namely, the theory of the national soul based on the theory of Friedrich Carl Von Savigny. As a middle theory, it uses the legal theory of Talcott Parsons, famous for his structural functionalism theory, while the applied theory uses the theory of the law of happiness (utilitarianism) by Jeremy Bentham (applied theory). Referring to the analytical content in this journal, the results are specifically related to land registration and consolidation in border areas in the ecosystem perspective of the five-point zero disruption era, according to the mandate of constitutionalism which must be implemented by the Government in a sustainable manner (sustainability). The main aim is to strengthen the understanding of the sovereignty of the State and nation, understand the sovereignty of the people, understand Indonesia as a rule-of-law state, and at the same time strengthen the understanding of the national economy and social welfare.
MEDIATION AS A SETTLEMENT OF ELECTRONIC BOOK COPYRIGHT DISPUTES TO PROVIDE LEGAL CERTAINTY FROM A BENEFIT PERSPECTIVE Waruwu, Khamozaro; Eddy, Triono; Mansar, Adi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5490

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The use of mediation as an effort to resolve electronic book copyright disputes has become a trend in the community to utilize dispute resolution based on several factors that place it with various advantages, including economic factors, legal culture factors, the wide scope of problems that can be discussed, coaching factors. good relations between the parties and process factors. Based on this, it has become a necessity that mediation is no longer an alternative dispute resolution but rather a dispute resolution effort that must be taken if there is a violation of electronic book copyright. This is in line with the great interest in mediation as an effort to resolve electronic book disputes in providing legal certainty and various perspectives on the benefits of mediation. The purpose of writing is to discuss mediation as an alternative resolution of electronic book copyright disputes. Intellectual Property Rights are referred to as material rights, and the results of this work can be in the form of immaterial objects "intangible objects" which originate from the work of the brain and the results of the work of reasoning ratios which give rise to intellectual property rights. The Copyright Law, especially in Article 40 Paragraph (1) letter n, implicitly recognizes that digital or electronic books (e-books) are one of the adapted works that receive protection. Even though the Copyright Law provides legal guarantees or protection to copyright, creators and copyright holders, in its implementation there are still irregularities in the field of copyright and perpetrators of copyright irregularities can be legally prosecuted. Mediation is a type of dispute resolution that can be chosen in resolving issues in the field of IPR, especially regarding e-book piracy disputes which are currently widespread. This research uses a normative juridical research method with two types of approaches, namely the statutory research approach and the case research approach. Mediation is the most effective alternative dispute resolution and is required for copyright disputes because it is regulated in the Copyright Law. Apart from this, the form of dispute resolution through mediation has other advantages in the form of being completed more quickly, being lighter, having lower costs and satisfying both parties
Optimization of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement by Police Investigator Dalimunthe, Surya Wahyu Danil Juni Harsya; Eddy, Triono; Nadirah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5492

Abstract

This research discusses the implementation of restorative justice by National Police investigators as a solution to solve criminal cases of fraud and embezzlement of online arisan. The rise of online arisan fraud cases causes material and immaterial losses for the community, as well as adding to the burden on the criminal justice system. The restorative justice approach is an alternative settlement that focuses on recovering victims' losses, accountability of perpetrators, and restoring social relationships. This study uses a mixing method method between normative and juridical by analyzing related legal policies and case studies on the settlement of online arisan fraud cases through a restorative approach. The results of the study show that the implementation of restorative justice is effective in resolving cases quickly, reducing the burden on judicial institutions, and providing a sense of justice and satisfaction for victims and perpetrators. However, challenges such as public legal awareness and consistency in policy implementation still need to be considered. In conclusion, restorative justice is an appropriate and humane solution in dealing with cases of fraud and embezzlement of online social gatherings, provided that there is a commitment from law enforcement officials and clear policy support.
Efforts to Optimize the Management of Regional Wealth in an Effort to Increase Regional Original Income Lubis, Ahmad Yasir; Eddy, Triono; Wajdi, Farid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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

Abstract

The condition of BUMN is one step ahead compared to the business activities carried out by BUMD. Another problem lies in the Human Resources (HR) and management of BUMD management. The relatively small share of the Regional Company's profit as one of the sources of regional PAD is that most of its businesses are relatively medium and small scale, in addition to many of which have not been organized based on the principles of the company's economy, but are relatively more based on considerations of public serviceIn a limited liability company, shares owned by an individual or legal entity provide rights in the form of dividends to him as regulated in Article 52 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies. In order to realize these conditions, ideally the construction of BUMD is directed to be in the form of a corporation. In order to manage BUMD in the form of a corporation, it can adopt the concept of managing state-owned companies under the auspices of the Ministry of BUMN which has implemented Good Corporate Governance in its management. In order to realize Good Corporate Governance in BUMD, a good governance structure is needed. Governance Structure or termed governance structure can be interpreted as a framework in an organization to apply various principles so that these principles can be shared, implemented and controlled. Specifically, the governance structure must be designed to support the running of organizational activities in a responsible and controlled manner
Co-Authors Abd. Rahim Adha, Mhd. Hendara Adi Mansar Afdal Junaidi Agustami Lubis Agustina Agustina Agustina Akalafikta Jaya Alfi Sahari Anna Loist Ario Putranto Aris Wibowo Asrul Taufik Harahap Aulia Rosa Nasution Azaria, Elvina Azaria, Elvina Berlin Sinaga Dalimunthe, Surya Wahyu Danil Juni Harsya Dewata, Mukti Fajar Nur Didik Miroharjo Dwi Putri, Dwi Edi Warman Ediwarman Ediwarman EKA N.A.M SIHOMBING Erwin Asmadi Erwin Wijaya Siahaan Farid Wajdi Fathin Abdullah Fauzi, Ahmad Foni Mega Wahyuni Friandy, Bob Ghapa, Norhasliza binti Ghofur Hidayat Ginting, Lilawati Girsang, Cosman Oktaniel Harahap, Siti Holija Heni Pujiastuti Herikson P. Siahaan Hery Widijanto Hubertus Manao IBRAHIM, NURIJAH Ida Hanifah Johanes M. Aritonang Juli Moertino Kencana, Galuh Nawang Khairur Rahman Nasution Koto, Ismail Kurniawan, M. Arief Lilawati Ginting Limbong, Dayat LUBIS, AHMAD YASIR M. Arief Kurniawan M. Rizqi Darmawan Mahmud Mulyadi Manao, Hubertus Marlina, Dr Marlina, Marlina Moertiono, Juli Muhammad Adli, Muhammad Mukhtar I Kadoli Mustafa Nasution Nadhirah, Ida Nadirah, Ida Nurijah Ibrahim P. A. JUANDA PANJAITAN Pamilu Hamonangan Pandi Harahap, Ahmad Ari Panjaitan, Dian Affandi Parningotan, Richard Nayer Pronika Julianti Manihuruk Purnomo, Sagita Purwoko, Agus Putri Raudhatul Zannah Raja Lubis, Mhd Ramlan Ramlan Ramlan, H. Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Rinda Adida Sihotang Ritonga, Arifin Said Sabrudin, Wahyu Sabrudin Sahari, Alpi Sariani Silalahi, Hotmaria Sastro, Heru Prabowo Adi Siahaan, Herikson P. Sianturi, Senior Sihotang, Tumpak Mangasi Silalahi, Andre Simanjuntak, Adelina Pratiwi Simon Simon Sinaga, Miduk Siregar, Salman Surya Perdana Tengku Erwinsyahbana Tito Alhafezt Togi P. O Verdinan Verdinan Waruwu, Khamozaro Yazir, Isti Risa Sunia Yemi Mandagi Yusuf Hondawantri Naibaho