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Implementation Of Medan Mayor Regulation Number 26 Of 2024 Concerning Guidance For Implementing Subscription Parking Services On The Road Side From A State Constitutional Law Perspective Kiki Fadhilah; Tamaulina Br. Sembiring; Abdul Rahman Maulana Siregar
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 1 (2024): IJHESS AUGUST 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i1.1272

Abstract

One of the public policies in the form of regional head regulations of the Regent/Mayor is the Medan City Mayor Regulation Policy (Perwal) Number 26 of 2024 concerning the Implementation of Subscription Parking on Public Roadsides. The regulation implements a roadside subscription parking system in the capital city of North Sumatra Province by subscription starting July 1, 2024. The amount of the subscription parking fee is IDR 90,000/year for two-wheeled vehicles, IDR 130,000/year for four-wheeled vehicles, and IDR 168.000,000/year for trucks/buses.This study uses the Empirical Juridical Type of legal research method, namely research that focuses on examining theory and practice in positive law. is research that places law as a social phenomenon. The data collection method used is by interview. This study refers to primary and secondary data (field and library data). The public supports the subscription parking program to maximize the acquisition of Regional Original Income (PAD) from the parking sector, but the process, substance and implementation must not violate the rights of citizens, especially if it conflicts with applicable laws and regulations.
Implications of the Decision of the Regent of North Tapanuli Number 6 of 2022 on the Provision of Land Services to the Community Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.48

Abstract

Challenges in establishing customary forests in Indonesia are caused by complicated bureaucracy, lack of synchronization between central and local bureaucracy, and the politics of citizen struggle using the identity of indigenous peoples. In the face of changes to Areal Penggunaan Lain (APL), there needs to be a careful approach and close collaboration between the local government, the central government, and indigenous peoples to achieve a balance between economic development, environmental preservation, and the rights of indigenous peoples. The research specification used in this research is descriptive analytical, which seeks to describe or describe events and events without conducting hypotheses and statistical calculations. Also normative juridical, namely research based on Ministerial regulations, books, and decrees of the Regent of North Tapanuli. The central and local governments have taken significant steps in recognizing and protecting the traditional and cultural rights of indigenous peoples. Changes in the Areal Penggunaan Lain (APL) can have serious impacts, requiring a cautious approach and close collaboration to maintain a balance between economic development, environmental preservation and the rights of indigenous peoples. Suggestions are made that local and central governments improve collaboration, concretely empower indigenous peoples, and integrate sustainable measures in policies to achieve a sustainable balance.
RESOLUTION OF CONSUMER DISPUTES THROUGH ARBITRATION BASED ON RULING NUMBER 038/ARBITRASE/2022/BPSK.MDN Abdul Rahman Maulana Siregar; Rico Nur Ilham; Sardi; Sri Devi Zebua
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1339

Abstract

Dispute problems often occur in the community and become legal problems and problems that need to be discussed from a juridical aspect, in order to find out the basis for a problem that arises due to indications that arise from misunderstanding, tolerance in the problem, resulting in confusion and the emergence of a problem. which was ultimately resolved through litigation and non-litigation efforts. Specifically regarding the discussion of dispute resolution efforts through non-litigation, in this case using the arbitration settlement method requires a resolution of consumer disputes through arbitration. The law provides an alternative way by providing non-litigation or out-of-court dispute resolution in the form of conciliation, mediation and arbitration. As part of alternative dispute resolution, consumer dispute resolution is resolved through the Consumer ispute Resolution Agency (BPSK) as in dispute Number 038/Arbitrase/2022/BPSK.Mdn. BPSK is an alternative solution in resolving consumer disputes regarding problems in society, although it does not escape peace efforts or legal resolution in judicial procedures.
MINING MANAGEMENT LICENSING: OPPORTUNITIES AND CHALLENGES FOR INDIGENOUS COMMUNITIES Freddi Agus Hutapea; Henry Aspan; Abdul Rahman Maulana Siregar
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1568

Abstract

According to Presidential Regulation of the Republic of Indonesia Number 70 of 2023 concerning Allocation of Land for Investment, mining business permits may be granted to community organizations, as explained in Article 2 paragraph 1 letter f, Article 4 paragraph (5) letter c, Article 9, and Article 12 paragraph (1). This regulation also opens up the possibility of land allocation for various types of business entities, from small to large scale. However, one thing that is not yet clear is how indigenous communities can be more involved in mining management. That when talking about mining management permits for communities, the importance of accommodating indigenous communities is not only limited to the organizational level. Management of mineral and coal resources should contribute significantly to the economy and welfare of indigenous communities. Clear regulations are needed regarding the recognition and protection of the rights of indigenous communities as well as increasing the capacity of indigenous communities in the mining sector. This can be implemented through collaboration with BUMN in the mining sector as the aim is not only to focus on profit but also on community welfare as an agent of development.
JURIDICAL STUDY OF THE IMPLEMENTATION OF ADMINISTRATIVE MEASURES TO RESOLVE STATE ADMINISTRATIVE DISPUTES Bambang Harianto; Abdul Rahman Maulana Siregar; Fauzan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1595

Abstract

The implementation of the Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number: 6 of 2018, dated 4 December 2018 concerning Guidelines for Settlement of Government Administrative Disputes after taking administrative measures, which is a further regulation of the provisions in Articles 75, 76 and Article 77 of Law Number 30 of the Year 2014 concerning Government Administration, bringing changes to the State Administrative Justice system in Indonesia, namely related to Administrative Efforts. This then gives rise to several problems, namely first, whether administrative measures are an obligation that must be taken first before filing a state administrative dispute lawsuit with the State Administrative Court (PTUN); secondly, what is the procedure for making objections to State Civil Service (ASN) employment disputes? The aim of this research is to analyze and describe the application of administrative efforts to state administration disputes. Normative juridical research methods are used to answer this problem. The results of the research show that administrative efforts must be carried out as legal protection for the people in State Administration disputes, and the legal procedure is to carry out objection efforts in ASN disputes as regulated in Article 129 of Law Number 5 of 2014 concerning State Civil Apparatus, and the Judge will reject the party If the plaintiff has not taken the available administrative measures.
ARBITRATION AS AN ALTERNATIVE FOR RESOLUTION OF CONSUMER DISPUTES THROUGH AN ARBITRATION CLAUSE BASED ON RULING NUMBER: 148/Pts.ARB/BPSK-BB/XII/2017 Abdul Rahman Maulana Siregar; Etty Uyun; Riza Firdaus; Zulfahmi Harahap
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 4 (2024): January (January-March)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i4.1342

Abstract

In resolving consumer disputes, there are various alternative dispute resolutions. In general, dispute resolution can be divided into two types, namely through litigation and non-litigation models, each of which has different characters and consequences in its resolution. Law Number 8 of 1999 concerning Consumer Protection states that resolving consumer disputes outside of court is carried out to reach an agreement regarding the form and amount of compensation or regarding certain actions to ensure that losses will not occur or reoccur to consumers. In this article, we will discuss the process of resolving consumer disputes in Decision Number 148/Pts.ARB/BPSK-BB/XII/2017? and How Effective is the Implementation of Consumer Dispute Decision Number 148/Pts.ARB/BPSK-BB/XII/2017? The data collection technique used in this research is through normative research. Dispute resolution can be achieved through litigation and non-litigation, non-litigation settlement is carried out in institutions established by law and settlement can be achieved through arbitration. The Consumer Dispute Resolution Agency (BPSK) is one of the institutions that can handle and resolve consumer disputes.