Articles
<![CDATA[PROCUREMENT OF LAND IN LEGAL SOCIOLOGICAL PERSPECTIVE ]]>
<![CDATA[Roestamy, Martin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v9i1.1021
<![CDATA[If all stakeholders of land provision adhere to the principles governed by the Constitution and the State Controlling Right, then the issue of the regulation of land will not be a national dilemma inheriting a prolonged conflict and not less as a result of the loss of life. Land is something sacred (magical) for people who have historical and spiritual value is not just a matter of investment and business commodities that have been going on, but the land is the right of the nation that has the value of the struggle that becomes the object of the interests of all parties, the people, government, and speculators. This research is expected to be an input to stakeholders to support the birth of Land Bank as an institution in charge of providing land for public interest. The research was conducted by using Sociological Juridical Method combined with Normative Juridical with a Qualitative Approach. It concerns the problem of access to the rule of law which cannot run properly, and legal culture is still low so that with the sociological and juridical approach. Those can be found the nature of the primary cause problematic of land supply in Indonesia, especially for the public interest and more specifically for the benefit of providing housing for low-income people.Keywords : Procurement of Land, Legal Culture, State Right Controlling, Land Bank]]>
<![CDATA[JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP ]]>
<![CDATA[Prayitno, Edi]]>;
<![CDATA[Roestamy, Martin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v9i1.1018
<![CDATA[This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord :Â : Arbitration Clause, Pacta Sun Servanda Principle, Business.]]>
<![CDATA[TAX DEDUCTIBLE SEBAGAI KOMPENSASI KEGIATAN SOCIAL RESPONSIBILITY LEMBAGA NOTARIS DALAM PENGESAHAN BADAN HUKUM YAYASAN PONDOK PESANTREN ]]>
<![CDATA[Echatarina, Putri]]>;
<![CDATA[Roestamy, Martin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol 10, No 1 (2018): Jurnal Ilmiah Living Law ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v10i1.1509
<![CDATA[The Foundation is a body that perform various non commercial activities (non-profit) and engaged in social, religious or educational one boarding school. Boarding School can be said to have a role as well as educate the nations children because schools have a main function of the students can study and master the knowledge of Islam more deeply. Identification of this research are: 1) How is social responsibility in implementing the notary profession and professional public service to educational institutions and religious boarding school? 2) How is the implementation of income tax from the practice of social responsibility in relation to the obligation to pay income tax on any notary deed? 3) Are there policies about tax deductible to the practice of social responsibility that does not charge the notary deed or honorarium from clients who set up a foundation online boarding school?. The method used in this research is normative juridical approach, the law conceived as norms, rules, principles or dogmas/jurisprudence.]]>
<![CDATA[LEGAL REGULATION ABOUT THE USE OF HALAL LABEL TO PROVIDE MUSLIM CONSUMERS PROTECTION ]]>
<![CDATA[Supaino, Edy]]>;
<![CDATA[Roestamy, Martin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v9i1.1019
<![CDATA[Perpetrators of the restaurant business should provide protection to consumers of food that will be consumed, the more this problem becomes a very important problem in the midst of rapid food technology, that is food business actors are not transparent with Muslim consumers. The identification of this research includes: (1) how the use of halal labels by industry and restaurants;, (2) legal protection for Muslim consumers against halal labeled foods, legal efforts against the misuse of halal labels (3). The research method used in this research is the normative juridical approach. The results of this research are: (1) Implementation of halal label with the process of obtaining halal certification for restaurant done by restaurant x has been in accordance with the requirements of halal certification HAS 23000 from LPPOM-MUI.; (2) Provisions of halal products have been regulated in the legislation between other laws concerning: consumer, food, assurance of halal products. The provisions of the regulation are manifestations of universal Islamic legal values that must be supported by their execution; (3) There are 2 (two) dispute settlements that can be taken by the consumer, namely the first settlement of disputes outside the court that is with conciliation, mediation, and arbitration, through the Agency of Consumer Dispute Settlement Agency and both dispute settlement in court.Keywords: Rule of Law, Halal Label, Consumer Protection for Muslims]]>
<![CDATA[LEGAL CERTAINTY CHANNELING FUNDS RURAL AGRIBUSINESS ENTERPRISE DEVELOPMENT WITHIN THE FRAMEWORK OF THE DEVELOPMENT OF MICROFINANCE INSTITUTIONS AGRIBUSINESS ]]>
<![CDATA[Tinambunan, Asril]]>;
<![CDATA[Roestamy, Martin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol 9, No 2 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.2 2017 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v9i2.1032
<![CDATA[One of the government programs in overcoming the limited access of farmers to capital is through the Rural Agribusiness Development Program (PUAP). However, in the implementation there are irregularities that have impeded of the PUAP Program so as to create legal uncertainty. The purpose of this research is to know the mechanism of distribution, management and development of legal institution of Micro Finance Institution of Agribusiness (MFI-A). The research method used is the sociological juridical approach to find out the mechanism of channeling PUAP funds and the development of MFI-A. This research is also supported by normative approach on the data of legal material in the form of Law Number 19 of 2013 and Act Number 1 of 2013. The mechanism of distributing PUAP funding that is just, effective and targeted is done by selection and verification. Selection is done by selecting Gapoktan to be nominated to receive PUAP. Furthermore, field verification conducted by the District Technical Team. Management of MFI-A as development of Gapoktan saving and loan business unit is done by developing LKM-A product, managing risk, establishing organizational structure and SOP, and using information and computerization system. The form of legal entity in the future for the most suitable MFI-A is a savings and loan cooperative.Keywords: Legal Certainty, PUAP, Gapoktan, and MFI-A]]>
<![CDATA[ANALYSIS OF JURIDIS HOUSEHOLD CONTRACT HOUSE RENT (RUSUNAWA) IN ACCELERATION OF HOUSING SUPPLY FOR LOW-INCOME COMMUNITY ]]>
<![CDATA[Erniwati, Erniwati]]>;
<![CDATA[Roestamy, Martin]]>
<![CDATA[ JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): JURNAL ILMIAH LIVING LAW VOL.9 NO.1 2017 ]]>
Publisher : <![CDATA[Magister Ilmu Hukum Sekolah Pascasarjana Unida ]]>
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DOI: 10.30997/jill.v9i1.1020
<![CDATA[Identification of this research are: 1) How is the implementation of rental contract agreement of simple rental apartment (Rusunawa) in accelerating the provision of housing for Low-Income Society? 2) What is the effect of contract rent lease agreement for a simple rental apartment (Rusunawa) in accelerating the provision of housing for Low-Income Communities that is transferred to a third party ?. The research method used in this research is the normative juridical approach. The results of this research are: 1) Implementation of flats rental management conducted by the Provincial Government of DKI Jakarta, the lease agreement in the apartment unit starts with if there are prospective tenants who want to rent so he can apply as a prospective apartment dweller to the manager 2) The legal consequences of the lease agreement transferred to a third party for a simple rental apartment (Rusunawa), made by the provincial UPT Rusunawa have rights and obligations, as for the rights of the parties contained in the article in the lease agreement hire which has been determined by UPT Rusunawa, based on agreement made by UPT Rusunawa.Keywords: Lease contract, Rusunawa, Low Income Society]]>
<![CDATA[PREVENTION AND ERADICATION OF DRUG TRAFFICKING IN INDONESIA ]]>
<![CDATA[Endeh Suhartini]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[Ani Yumarni]]>
<![CDATA[ UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v3i1.1063
<![CDATA[Many countries including Indonesia have concerned about the increase of drug trafficking. Currently Indonesia has been in the situation where there is an “Emergency on Drugs Trafficking”. Lot of efforts to solve and prevent the growth of drug trafficking has been done to save young generation. Criminal Acts on Drugs which have been spread out need to be cut off because the drug trafficking has happened nationally and even has crossed international boundaries. The Aims of this research are to identify and analyses necessary actions to prevent and solve the drug trafficking. Then, to find an ultimate solution in handling arising obstacles within such prevention and eradication of drug trafficking in Indonesia. This research uses a juridical normative approach method which reviews theories, concepts, legal principals, and prevailing rules and regulations. Moreover, it also applies an empirical approach as supporting study to gain more factual data.In conclusion, illegal drug trafficking has become both national and international social issue and even a legal issue in society. Certain legal actions are required to take to prevent and solve the drug trafficking in Indonesia, which one of them is by rules and regulations. Law Number 35 of 2009 regarding Drugs is a legal basis for the prevention and eradication of drug trafficking in Indonesia.The research limitation is focus on increasing and preventing drugs should be supported by all parties of the family, community and government.Drugs is an international and national case that is difficult to overcome considering their networks are hidden and require special skills where necessary national and international cooperation so that drug circulation can be overcome quickly]]>
<![CDATA[PREVENTION AND ERADICATION OF DRUG TRAFFICKING IN INDONESIA ]]>
<![CDATA[Endeh Suhartini]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[Ani Yumarni]]>
<![CDATA[ UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i2.918
<![CDATA[Many countries including Indonesia have concerned about the increase of drug trafficking. Currently Indonesia has been in the situation where there is an “Emergency on Drugs Trafficking”. Lot of efforts to solve and prevent the growth of drug trafficking has been done to save young generation. Criminal Acts on Drugs which have been spread out need to be cut off because the drug trafficking has happened nationally and even has crossed international boundaries.The Aims of this research are to identify and analyses necessary actions to prevent and solve the drug trafficking. Then, to find an ultimate solution in handling arising obstacles within such prevention and eradication of drug trafficking in Indonesia.This research uses a juridical normative approach method which reviews theories, concepts, legal principals, and prevailing rules and regulations. Moreover, it also applies an empirical approach as supporting study to gain more factual data.In conclusion, illegal drug trafficking has become both national and international social issue and even a legal issue in society. Certain legal actions are required to take to prevent and solve the drug trafficking in Indonesia, which one of them is by rules and regulations. Law Number 35 of 2009 regarding Drugs is a legal basis for the prevention and eradication of drug trafficking in Indonesia.The research limitation is focus on increasing and preventing drugs should be supported by all parties of the family, community and government.Drugs is an international and national case that is difficult to overcome considering their networks are hidden and require special skills where necessary national and international cooperation so that drug circulation can be overcome quickly]]>
<![CDATA[Model Land Supply for Land Bank to House Application ]]>
<![CDATA[Martin Roestamy]]>
<![CDATA[ BESTUUR Vol 8, No 1 (2020): Bestuur ]]>
Publisher : <![CDATA[Administrative Law Departement Faculty of Law Universitas Sebelas Mare ]]>
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DOI: 10.20961/bestuur.v8i1.43142
<![CDATA[This study aimed to find out Land Bank's land supplies to provide land for affordable housing and establish community paradigm for ownership in which building separates from its property. The study was performed using a mixed methodology; namely informative where the primary legal material as a legal framework of housing construction is highlighted by considering legal research conducted with simple legal norms with attention to primary data such as land tenure, land availability, and the amount of housing backlogs that extended to help research. Quantitative data used as a measure of flaws in the application of drugs and legal framework, so that all legal resources can be supplemented with quantitative and qualitative data to find alternatives and open access for LIPs' houses. Keywords: Land Supply; Land Bank; Affordable Housing.]]>
<![CDATA[PERLINDUNGAN HUKUM PASAR TRADISIONAL TERHADAP PERKEMBANGAN TOKO MODERN DI KABUPATEN BOGOR ]]>
<![CDATA[Danu Suryani]]>;
<![CDATA[Martin Roestamy]]>
<![CDATA[ JURNAL HUKUM DE'RECHTSSTAAT Vol. 2 No. 1 (2016): JURNAL HUKUM DE'RECHTSSTAAT ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Djuanda Bogor ]]>
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DOI: 10.30997/jhd.v2i1.658
<![CDATA[This study aims to determine the direction, obstacles and the best models in the legal protection of Traditional Markets in Bogor. The local government has implemented several programs such as modernization and markets building systems of Modern Stores also published Regulation No. 11 Year 2012 about structuring and development of Traditional Markets. The program wasn’t appropriate in the view of modernization market bulding as well as local regulations put Traditional Market in hard position as well as the rent price isn’t affordable for small traders and it can erode the local wisdom, it seems like suspending the failure of traditional market. The study concluded that the legal protection for both traditional market today is a model of traditional market-based that not only develops Traditional Market physically, but also can protect the local wisdom, values or cultural norms in Traditional Markets and lead Traditional Market as a place for the Farmers and local SMEs to display agricultural products, so that the traditional market can be a venue for sightseeing and socializing as well as supporting the development of Farmers and local SMEs and do not intersect with Modern Store.]]>
