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All Journal Arena Hukum Administrative and Environmental Law Review Warkat
Rahmatika, Nur Auliya
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pengaturan Dan Penerapan Surat Izin Membuka Tanah Negara Sebagai Syarat Pendaftaran Hak Atas Tanah di Kota Balikpapan: Regulation and Implementation of Issuing a Permit to open a State Land as a Requirement to Register the Right to Land in Balikpapan City Rahmatika, Nur Auliya; Qurbani, Indah Dwi; Cahyandari, Dewi
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.2

Abstract

This research departs from the Regional Regulation of Balikpapan City Number 1 of 2014 concerning the Permit to open a State Land while the permit is required as proof of land ownership to register the right to land in Balikpapan city. A stamp statement of the land concerned can be used as proof of land ownership for the registration mentioned above. Based on the above issue, this research aims to investigate the problems regarding (1) the regulation of the provision of the permit used to open a state land as a requirement to register the right to land in Balikpapan city and (2) the implementation of the permit used to open a state land as a requirement to register the right to land in Balikpapan city. This research employed socio-legal and socio-juridical methods and took place in Balikpapan as the first city to put the regulation in place regarding the permit mentioned above as a requirement to register the right to land as governed in a Regional Regulation. His research reveals that the Regional Government of Balikpapan City holds the authority to enforce this regulation according to Law Number 23 of 2014 concerning the Regional Government. The implementation of this permit to open a state land as the proof of land ownership in the registration of the right to land in Balikpapan has not been efficient, while people can still refer to the stamp statement to replace this permit document. Therefore, this research suggests that adjustments regarding the regulation be made to assure legal certainty for the people of Balikpapan.
Construction of Telemedicine Implementation License Arrangements Application Based in Indonesia Hadiyantina, Shinta; Supaat, Dina Imam; Sudjati, Xaviera Qatrunnada Djana; Rahmatika, Nur Auliya; Maharani, Tiara
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.10

Abstract

Health services have become more accessible than ever due to the rise of telemedicine. Among the most popular are application-based telemedicine services, especially those offered by tech companies specialising in teleconsultation. In Indonesia, users are particularly drawn to e-services that partner with healthcare providers, pharmaceutical services or maternity care providers. However, unlike Malaysia and Singapore, which have made significant strides in telemedicine for their communities, Indonesia still faces a legal gap in regulating, implementing, guiding and overseeing telemedicine services—especially those that are application-based and developed by tech companies. This study adopts a juridical-normative approach, analysing Indonesian laws and regulations and comparing them with those in Malaysia and Singapore. Using statutory, conceptual and comparative methods, the study aims to generate specific ideas for implementing regulations to govern the licensing of application-based telemedicine in Indonesia. The findings indicate that Indonesia lacks specific licensing regulations for telemedicine services developed by tech companies. More detailed regulations could be introduced through government regulations that align with the legal framework and ‘beleidsregel’ (policy rules), utilising the discretionary authority of administrative officials to address this regulatory gap. This approach aligns with the legal principle lex semper dabit remedium, meaning ‘the law always provides a remedy’, resonating with the spirit of progressive law in society.
Overlapping Land Conflicts: Effective Alternative Dispute Resolution Methods for License to Open State Land Rahmatika, Nur Auliya; Herlindah , Herlindah; Hadiyantina, Shinta
Administrative and Environtmental Law Review Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i2.4002

Abstract

This research focuses on an ideal model of mediation implementation that may be applicable as a strategy to increase the success of litigation on the License to Open State Land (LOSL). The research method is normative juridical research with a statutory and conceptual approach, using futuristic interpretation. As a regional government administrator, the Balikpapan Municipality Government has the authority to manage its own land sector. One of these authorities is realized through the implementation of the LOSL, which is organized through the Land and Spatial Planning Agency and the sub-district of Balikpapan Municipality. The implementation of the LOSL program within Balikpapan Municipality is inevitable due to the probability of disputes or disagreements. In accordance with this, the Balikpapan Municipality Regulation of LOSL and the Regulation of LOSL Implementation allow for the possibility of resolving LOSL disputes through mediation and/or litigation. Furthermore, although the settlement of LOSL disputes is expected to be resolved through mediation, its success rate has decreased since 2021. One constraining factor is the parties' low level of trust in the government. As a result, based on the above research, three ideal mediation models can be implemented to improve LOSL dispute resolution. These models are assumed to be a solution to the decreasing success rate of LOSL dispute resolution in Balikpapan Municipality. They are considered to increase society's trust in mediation as an inexpensive, fast, and simple alternative dispute resolution.
Co-Authors Dewi Cahyandari, Dewi Herlindah , Herlindah Indah Dwi Qurbani Shinta Hadiyantina Sudjati, Xaviera Qatrunnada Djana Supaat, Dina Imam Tiara Maharani, Tiara