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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Sipayung, Baren -
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Law, Crime, Criminology & Criminal Justice

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Legal Aspects of Audit 10% Participating interest Management on Mahakam Block Working Area Sipayung, Baren -; Manullang, Sardjana Orba; Siburian, Henry Kristian; Kamar, Karnawi -; Prihantini, Febrina Nafasati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.2982

Abstract

The efforts of the local government of East Kalimantan Province and Kutai Kartanegara Regency to increase local revenue by proactively taking part in receiving a 10% Participating Interest (PI) offer in the Mahakam Block working area have been successful based on Permen ESDM No. 37 of 2016. The ministerial regulation stipulates that the legal subject for managing the 10% PI has several alternative forms of business entity, namely the old BUMD, new BUMD, or Regional Public Company (Perseroda). Based on these administrative procedures, the legal subject deemed to fulfill the requirements as a legal subject for the 10% PI Manager at the Mahakam WK is PT MMPKM which was formed as a Perseroda business entity. However, this has implications for the emergence of new norms regarding the definition and composition of Perseroda share ownership, as well as the legal subject requirements for managing a 10% PI between the Permen ESDM No. 37 of 2016 and the Regional Government Law, PP BUMD, and PP No. 35 of 2004. Furthermore, because of the scope of state finances, the negative implication is that local governments do not get the maximum regional income from dividends from BUMD holding company PT MMPKM.
Natural Resource Dispute Resolution in Majalengka Regency: The Case of Cisambeng Tofu SMEs and the Community Manulang, Sardjana Orba; Rosmini, Rosmini -; Suyanto, Suyanto -; Sipayung, Baren -; Nurwanty, Iis Isnaeni
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.v23i2.4009

Abstract

Law cannot be separated from the culture of a society because it affects the law. In social life, as human social beings, interaction is a necessity in fulfilling their life needs, however, in fulfilling this life, disputes often occur, including those concerning natural resources. Many disputes and their resolution take place around the world, including in culturally diverse areas. Majalengka Regency, which has developed into an industrial area, is no doubt decorated with various industrial businesses, ranging from MSMEs to large-scale industrial companies, all of which are closely related to environmental problems, including environmental pollution. The research method discussed in this research is socio-legal which examines the culture of the community in the application of alternative dispute resolution over natural resources and the environment. The purpose of this paper is to determine the efficacy of alternative dispute resolution. The results of this study indicate that disputes, especially related to natural resources in the community, can be resolved through consensus deliberation between the parties by prioritizing good faith, as a form of consensus deliberation as a form of local wisdom supported by the government's political will to encourage and ensure all disputes within the community. can be resolved through an alternative dispute resolution (ADR) process and performed its duties properly in this case. Although the effectiveness of ADR was initially lacking, when stakeholders were involved in the mediation process, the dispute resolution process could be carried out properly, as evidenced by the results of initial negotiations and initial mediation, which were less influential.
The Existence of Civil Sanctions in Spatial Law Enforcement in Indonesia Siburian, Henry Kristian; Sipayung, Baren -; Andjarwati, Any -; Manulang, Sardjana Orba; Harahap, Muhammad Ade Kurnia
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.v23i2.4031

Abstract

Planning for territorial spatial arrangement is one of the problems with modern urban growth, as cities are growing faster than ever and the territorial government has to take a unique role in overseeing spatial arrangement. 2007 Law No. 26 The government is considering replacing Law Number 24 of 1992, which deals with spatial arranging, with this legislation, which unifies a courteous administration. This study's method of investigation was controlling valid research while taking the study's characteristics into account. The result of the review is the assertion that, taken as a whole, respecting legislation represents people's rights (personenrecht). of In particular, laws, customs, conventions, theories, and statutes give birth to two legitimate subjects: Separately, legal substances (rechts persoon) and humans (natuurlijke persoon). Articles 66, 67, and 75 of Law Number 26 of 2007 concerning Spatial Arranging provide certain limitations on the occurrence of generous fines. If the last stated are ultimum remedium in nature, a claim based on reclamation may be used to seek for polite discipline for spatial arrangement violations in addition to official and criminal penalties.
Co-Authors Andjarwati, Any - Kamar, Karnawi - Manulang, Sardjana Orba Muhammad Ade Kurnia Harahap Nurwanty, Iis Isnaeni Prihantini, Febrina Nafasati Rosmini, Rosmini - Sardjana Orba Manullang Siburian, Henry Kristian Suyanto, Suyanto -