Claim Missing Document
Check
Articles

The Comparative Analysis of Consumer Dispute Resolution in The Karawang Court and Consumer Dispute Resolution Agency (BPSK) Rahayu, Wulan Sri; Rahmatiar, Yuniar
Alauddin Law Development Journal (ALDEV) Vol 6 No 2 (2024): Government Policy and Its Implementation to Maintain the Stability of the Nation
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i2.49057

Abstract

Indonesian Consumer Protection Law which controls the assurance of shoppers affirms in Article 1 passage (1) that shopper security is any exertion that ensures the presence of legitimate certainty to supply security to shoppers. This study method was qualitative and juridical approach. The results showed that the debate determination in court settlement of buyer debate in court or regularly called determination by case. Debate determination exterior the shopper debate determination court as directed in Law Number 8 of 1999 concerning customer assurance can be taken by making a complaint to the BPSK. It can be concluded that the legal certainty of the BPSK decision is the resolution of disputes that are still not in accordance with the expectations of the community. The process in BPSK is often more informal and more confidential than this process in court can make the parties involved feel more comfortable because their privacy is protected.
LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG Asnanda, Anggraeni; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1191

Abstract

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.
Juridical Analysis of Land Arises in the Perspective of Agrarian Reform in Tanjungjaya Village Rahmatiar, Yuniar; Saripudin, Asep; Mardias, Deni; Anggraeni, Kiki; Sutrisno, Sutrisno; Sanu, Primawan Yunior; Dewi, Yogita
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.201

Abstract

This article analyzes the juridical aspects related to the emergence of land in the context of agrarian reform in Tanjungjaya Village. Agrarian reform is an important effort in the redistribution and management of land resources to achieve social and economic justice. This study explores how changes in laws and policies in agrarian reform affect the process of land arising, as well as their implications for land ownership and use rights in the village. Using a juridical analysis approach, this article assesses applicable regulations, administrative procedures, as well as challenges and solutions in the implementation of agrarian reform. The findings show that despite progress in land regulation and redistribution, legal and administrative problems that have not been fully resolved are still an obstacle in the implementation of agrarian reform in Tanjungjaya Village. This research is expected to provide useful insights for policymakers, legal practitioners, and related parties in efforts to improve and adjust agrarian reform policies.
Obstacles to the Realization of Agrarian Reform in Equitable Distribution of Certification Rahmatiar, Yuniar; Mulyana, Adin; Handito, Angga Putra; Aprilia, Dinda; Melliana, Melliana; Nugraha, Tirta; Ramadhan, Topani
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.205

Abstract

The Government of Indonesia launched a program to accelerate the Complete Systematic Land Registration (PTSL) in Indonesia, one of which is Cikuntul Village, Tempuran Regency, West Java. This research aims to understand how the Karawang Regency Government’s programs related to PTSL are implemented in Cikuntul Village. This study uses a juridical-empirical approach, which examines legal sanctions or the practical implementation of legal provisions in certain social events. In Cikuntul Village, land registration efforts face challenges due to the lack of awareness among local communities about its importance. Despite having productive land, many landowners do not have land titles, which leads to complications in land transactions and legal disputes. The Karawang Regency Government is prioritizing national initiatives such as PTSL to distribute land certificates and accelerate land redistribution. However, challenges such as delays in surveying and processing documents at ATR offices hinder the issuance of land certificates. In addition, high registration fees, including notary fees and taxes, discourage residents from registering their land.
Konsekuensi Lingkungan Dan Sosial Dari Penebangan Liar: Implikasi Hukum Dan Strategi Penegakan Lestari, Nopita; Rahmatiar, Yuniar; Abas, Muhamad
PAMALI: Pattimura Magister Law Review Vol. 4 No. 3 (2024): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i3.2167

Abstract

Introduction: Illegal logging is a critical issue that harms the environment, economy, and society. This activity results in forest degradation, increases the risk of natural disasters, and undermines the economic potential of sustainable natural resource management.Purposes of the Research: This study aims to analyze the environmental impacts of illegal logging and the penalties imposed on offenders under applicable laws.Methods of the Research: The study employs a normative juridical method, focusing on the legal framework surrounding illegal logging. The analysis highlights the environmental and economic consequences of illegal logging and evaluates the effectiveness of law enforcement measures.Results of the Research: Illegal logging leads to environmental degradation, including heightened risks of flooding and landslides due to soil instability and reduced water absorption. Economically, it diminishes potential revenue from sustainably managed natural resources. Offenders may face sanctions such as fines, compensation, and rehabilitation costs. Strong law enforcement and collaboration between the government, NGOs, communities, and the private sector are essential for effective forest protection.
EFFECTIVENESS OF THE DISTRIBUTION OF 3 KG LIQUEFIED PETROLEUM GAS (LPG) CYLINDERS TARGETED ACCORDING TO PRESIDENTIAL REGULATION NUMBER 38 OF 2019 ON THE PROVISION, DISTRIBUTION, AND PRICE DETERMINATION OF LIQUEFIED PETROLEUM GAS FOR FISHING VESSELS FOR TARGETTED FISHERMAN AND WATER PUMP MACHINES FOR TARGETTED FARMES Ardiansyah, Ata; Rahmatiar, Yuniar; Abas, Muhamad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25733

Abstract

The delivery pf 3 kg LPG fuel has a great effect on the survival of the community, but the distribution is not in accordance with the standards, it can cause problems such as misuse of distribution, triggering criminal acts and can cause a scarcity of 3 kg LPG gas supply. The problem is how effective is the distribution of 3kg cylinder liquified petroleum gas (LPG) on target based on Presidential Regulation Number 38 of 2019 concerning the Supply, Distribution, and Pricing of Liquefied Petroleum Gas for Fishing Vessels for Target Fishermen and Water Pump Machines for Target Farmers and How the Challenges in Distributing 3kg Cylinder Liquified Petroleum Gas (LPG) Cylinders Are Right on Target. Qualitative Research Method using the Normative Juridical approach method. The results of the research are based on the Presidential Regulation of the Republic of Indonesia Number 38 of 2019 concerning the Supply, Allocation, and the rates for Liquefied Petroleum Gas for fishing boats aimed at fisherman and water pump machinery designed for farmers, it’s  stated that the provision and distribution of  LPG for target fishermen’s fishing boats and target farmers water pumping equipment use 3 Kg LPG Cylinders for households and micro businesses. The challenge in distributing 3kg LPG Cylinders on Target is that the Government of Indonesia continues to strive to transform LPG subsidy policies that are more targeted. One of the steps is to change the LPG subsidy scheme from originally commodity-based to individual-based. However, in the implementation of this transformation plan, there are various challenges and problems that need to be overcome, including 1) Beneficiary Data; 2) Implementation in the Field; 3) Enforcement of Subsidy Distribution Rules; 4) Effectiveness of Monitoring and Supervision; 5) Impact on the Poor and Vulnerable
THE GOVERNMENT'S ROLE IN OVERCOMING AIR POLLUTION CAUSED BY STEAM POWER PLANT IN JAKARTA Syarif, Soultan; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
EKSEKUSI Vol 6, No 2 (2024): Eksekusi : Journal Of Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/je.v6i2.35008

Abstract

ABSTRACTThe environment is a place for humans to live, actively and have an important role to achieve and improve their prosperity. However, the main challenges for the environment come from two main sources: unsustainable use of natural resources and environmental pollution, especially by pollution. Air pollution caused by Steam Power Plant (PLTU) in Jakarta is a serious problem affecting air quality and public health. The role of the government is very important in addressing the negative impact of PLTU on the environment and public health. Strict supervision and regulations of the Power Plant are governed under various regulations, such as Law No. 32 of 2009 on Environmental Protection and Management and Government Regulation No. 41 of 1999 on Air Pollution Control. In addition, the Governor Regulation of Jakarta No. 66 Year 2019 also provides a framework of supervision of air pollution in Jakarta. The impact of air pollution produced by the PLTU includes environmental pollution and a wide range of public health problems. Greenhouse gas emissions and harmful particulates from PLTU can disrupt ecosystems, cause extreme climate change, and cause respiratory disorders and other diseases in humans. Therefore, resolute and sustainable actions are required, including increased use of clean technology and effective enforcement, to reduce the negative impact of air pollution by the PLTU in Jakarta. Keywords: Air Pollution, Government Role, PLTU ImpactABSTRAK Lingkungan adalah suatu tempat untuk manusia tinggal, beraktifitas dan mempunyai peranan yang penting untuk mencapai dan meningkatkan kemakmurannya. Namun, tantangan utama bagi lingkungan berasal dari dua sumber utama yaitu penggunaan sumber daya alam secara tidak berkelanjutan dan pencemaran lingkungan, khususnya oleh polusi. Polusi udara yang disebabkan oleh Pembangkit Listrik Tenaga Uap (PLTU) di Jakarta menjadi masalah serius yang mempengaruhi kualitas udara dan kesehatan masyarakat. peran pemerintah sangatlah penting dalam mengatasi dampak negatif dari PLTU terhadap lingkungan dan kesehatan Masyarakat. Pengawasan dan regulasi yang ketat terhadap PLTU diatur dalam berbagai peraturan, seperti Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup serta Peraturan Pemerintah Nomor 41 Tahun 1999 tentang Pengendalian Pencemaran Udara. Selain itu, Peraturan Gubernur DKI Jakarta Nomor 66 Tahun 2019 juga memberikan kerangka pengawasan terhadap polusi udara di Jakarta. Dampak dari polusi udara yang dihasilkan oleh PLTU mencakup pencemaran lingkungan dan berbagai masalah kesehatan masyarakat. Emisi gas rumah kaca dan partikulat berbahaya dari PLTU dapat mengganggu ekosistem, menyebabkan perubahan iklim ekstrem, dan menyebabkan gangguan pernapasan serta penyakit lainnya pada manusia. Oleh karena itu, tindakan tegas dan berkelanjutan diperlukan, termasuk peningkatan penggunaan teknologi bersih dan penegakan hukum yang efektif, untuk mengurangi dampak negatif polusi udara oleh PLTU di Jakarta Kata kunci: Polusi Udara, Peran Pemerintah, Dampak PLTU
LEGAL REVIEW OF VILLAGE CASH LAND RENTAL AGREEMENTS Akup, Apriliyanto Juwan Sukmana; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1469

Abstract

The implementation of leasing village treasury land is a common practice in Indonesia. However, in practice there are legal problems that often arise related to the protection of the rights of the parties involved in it. The implementation of this lease activity is related to the construction of the Subang Smartpolitan Industrial Estate by a private company that has obtained an Industrial Estate Business License (IUKI) in Subang Regency. One of the villages affected by the development of industrial estates has assets in the form of village treasury land that will be changed in function through the ruilslag or exchange process. To regulate the use of land during the ruilslag administrative process, it is considered necessary to first carry out a lease agreement. This legal event highlights the importance of regulating land use changes in a transparent manner and in accordance with applicable regulations. This research uses the Normative Juridical approach method, which is a form of scientific activity, which is based on certain methods, systematics, and thoughts, aiming to study one or several specific legal phenomena. The implementation of the lease agreement for village treasury land is linked to the Regulation of the Minister of Home Affairs Number 3 of 2024 concerning Amendments to the Regulation of the Minister of Home Affairs Number 1 of 2016 concerning Village Asset Management. Several legal aspects that need to be considered in a lease agreement such as Legal Basis, Village Authority, Lease Agreement, Transparency and Openness, Coordination, Protection of Village Rights, Alignment with Development, Supervision and Accountability, Legal Education, Public Supervision. Legal consequences for the parties involved, namely Binding Agreement, Rights and Obligations of the Parties, Duration of Rent, Rent Payment, Land Use, Maintenance and Repair, Transfer of Lease Rights, Sanctions and Fines, Dispute Resolution and Restoration of Village Rights.
Legal Protection for Business Actors Regarding Shophouse (Ruko) Order Agreements at Sentraland Residence 2 Linked to Law Number 8 of 1999 Concerning Consumer Protection Chicka Aircheny; Rahmatiar, Yuniar; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.489

Abstract

Along with the increase in the number of developments nowadays, there are many property sales, in the form of offices and even shophouses which can be used as investments and business ventures for buyers. Shop houses are often used as residences as well as places of business, with a sale and purchase agreement between the consumer and the business actor to provide optimal benefits for the parties if they comply with the obligations in accordance with the agreed agreement. However, consumers do not fulfill their obligations to make shophouse payments. Actions carried out by consumers constitute acts of breach of contract. The identification of this research problem is how legal protection is for business actors regarding the agreement to order the Sentraland Residence 2 shop house and what are the legal consequences for consumers who have bad intentions towards business actors. This research uses normative juridical research methods with a statutory approach and a case approach. The conclusion of this research is that legal protection for business actors can claim their rights if they are harmed by consumers by filing legal action for compensation and legal consequences for consumers who have bad intentions, so consumers make compensation payments to business actors through court decisions in the form of remaining payment obligations, insufficient installments, late fees, and other transaction fees.  
Legal Protection for Heirs Against the Transfer of Land Ownership Rights Through Underhand Sales and Purchase Agreements Without the knowledge of the heirs (Study Decision Number 41/PDT.G/2020/PN CELL) Agus Antoni, Mochamad; Rahmatiar, Yuniar; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.416

Abstract

Referring to Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA), registration of land rights and the transfer of rights are regulated in Article 19 of the UUPA and its implementing regulations. A land certificate is official evidence that shows ownership status or rights to land. When the name of the land owner is on the land certificate or land deed registered by PPAT changes from seller to buyer, this is referred to as a transfer of property rights . However , it is still common for transfers of land rights to be carried out independently / privately without involving the authorities or without following established procedures . This can lead to legal uncertainty and potential problems regarding land ownership in the future. Normative juridical methods are used as the basis for research, descriptive analytical methods are the specifications in this research . Results: 1) Preventive legal protection and repressive legal protection are legal protection that can be provided in private land sale and purchase transactions . ­2) Based on Articles 1451 and 1452 of the Civil Code, the Panel of Judges decided in Decision Number 41/Pdt.G/2020/PN Sel , that the sale and purchase agreement for the disputed land object dated 5 June 2002 must be cancelled. Through this decision, the Panel of Judges provides legal protection through actual execution. The Defendants or parties who lose in the trial must return and hand over all the land that is the subject of the dispute to the Heirs (Plaintiffs). The land must be handed over in a vacant and free condition voluntarily.