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All Journal Jurnal Ilmiah Penegakan Hukum JURNAL ILMIAH ADVOKASI
Putra, Ido Gustiawan
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Law, Crime, Criminology & Criminal Justice

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MEDIATION AS AN EFFORT TO SETTLE INHERITANCE DISPUTES FROM THE LEGAL OBJECTIVE THEORY PERSPECTIVE (Study of Supreme Court Regulation Number 1 of 2016) Putra, Ido Gustiawan; Rato, Dominikus; Susanti, Dyah Ochtorina
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.5608

Abstract

This article analyzes Mediation in Supreme Court Regulation (PERMA) Number 1of 2016 as an effort by the Religious Court to resolve inheritance disputes from the perspective of legal purpose theory. The theory of legal purpose is used to see the content of legal certainty, justice, and benefit in PERMA Number 1 of 2016 which is the legal basis for Mediation of inheritance disputes. This research is a yuridical normative research of the library research type. The results of this study indicate that Mediation regulated by PERMA Number 1 of 2016 contains legal objectives in the form of certainty, justice, and legal benefits, so that Mediation must be implemented by the court as the first way to resolve inheritance disputes. Keywords: Mediation; PERMA Number 1 of 2016, Inheritance Dispute, Legal Objective Theory
Disharmonisasi Aturan Hukum Bank Tanah Dan Reforma Agraria Putra, Ido Gustiawan; Azzahra, Mutiara; Prakoso, Bhim; Efendi, Aan
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): Jurnal Ilmiah Penegakan Hukum
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.11988

Abstract

This paper aims to analyze how the harmonization of land bank law and land law provisions in agrarian reform. This study is a normative legal research that examines the harmonization of land bank law and land law provisions in Indonesia. This research uses a statute approach to find the harmonization of land bank legal rules through Law Number 13 of 2022 concerning the Formation of Legislation. This research uses data from Law No. 63 of 2023 on Job Creation, Government Regulation No. 64 of 2021 on the Land Bank Agency, Law No. 5 of 1960 on Basic Agrarian Principles, and MPR Decree No. IX of 2001 on Agrarian Reform. The data is processed by analyzing the harmonization of the legal rules of the land bank and the provisions of land law in agrarian reform through Law Number 13 of 2022 concerning the Formation of Legislation. The results of this study show that the land bank regulated in the provisions of Law No. 63 of 2023 on Job Creation and Government Regulation No. 64 of 2021 on the Land Bank Agency is disharmonious with the 1945 Constitution, Law No. 5 of 1960 on Basic Agrarian Principles, and MPR Decree No. IX of 2001 on Agrarian Reform.
Hukum e-Marketplace Auction di Indonesia Sebagai Bentuk Alat Rekayasa Sosial Sunardi, Arwin Ardianto; Putra, Ido Gustiawan; Adonara, Firman Floranta; Adjie, Habib
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): Jurnal Ilmiah Penegakan Hukum
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.11990

Abstract

This study aims to analyze the law of e-Marketplace Auction in PMK No. 122 of 2023 concerning Auction Implementation Guidelines using Roscoe Pound's law as a tool of social engineering. This research is normative juridical type by describing the legal provisions of e-Marketplace Auction in PMK No. 122 of 2023 concerning Guidelines for the Implementation of Auctions. 122 of 2023 concerning Auction Implementation Guidelines with an analytical descriptive approach using Roscoe Pound's law as a tool of social engineering theory. The results of this study indicate that auctions in Indonesia have developed through the use of electronic technology which is regulated in PMK No. 122 of 2023. The enactment of PMK NO. 122 of 2023 is a form of social engineering (tool of social engineering) for the proliferation of auction practices on internet media carried out by the community as a result of technological developments. The enactment of PMK No. 122 of 2023 is a government directive to the public to conduct auctions through e-Marketplace Auction in e-commerce that has been registered with the Indonesian e-commerce association. This requirement is a form of embodiment of Roscoe Pound's theory of law as a tool of social engineering which functions to ensure the protection of public interests (state), society, and each individual so that it can be said that the legal provisions of e-Marketplace Auction in PMK No. 122 of 2023 are a form of legal participation in the process of social change in society.
Co-Authors Azzahra, Mutiara Dominikus Rato Dyah Ochtorina Susanti Efendi, Aan Firman Floranta Adonara, Firman Floranta Habib Adjie Prakoso, Bhim Sunardi, Arwin Ardianto