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All Journal Bestuur Jurnal Pendidikan Islam Sriwijaya Law Review IJoLE: International Journal of Language Education Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada DE'RECHTSSTAAT QARDHUL HASAN: MEDIA PENGABDIAN KEPADA MASYARAKAT Jurnal Sosial Humaniora JURNAL ILMIAH LIVING LAW Kosmik Hukum UNTAG Law Review Al-Mubin: Islamic Scientific Journal Indonesian Journal of Social Research (IJSR) International Journal of Business, Law, and Education Asean Journal of Science and Engineering (AJSE) Journal Of World Science JURNAL ILMIAH GEMA PERENCANA ASEAN Journal for Science and Engineering in Materials ASEAN Journal of Educational Research and Technology
Roestamy, Martin
Universitas Djuanda
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mechanical Engineering Neuroscience Public Health Social Sciences Other

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ENCLAVING ATAS TANAH HAK GUNA USAHA SEBAGAI SUMBER TANAH UNTUK PEMBANGUNAN PERUMAHAN BAGI MBR DIKAITKAN DENGAN PENATAAN RUANG Mas Guntur Wiraprana; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 11 No. 1 (2019): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (539.442 KB) | DOI: 10.30997/jill.v11i1.1637

Abstract

The purpose of this research is: 1) To know and analyze about enclaving on the cultivation rights title as a land source for low-income people housing development, 2) To know and analyze the role of the regional government in spatial planning organizing on cultivation rights title of the enclave of the land as a land source for low-income people housing development.This research use normative legal research method with qualitative approach. The results of this research is: 1) enclaving on the prolongation or renewal of the cultivation rights title can be used as a land source for the housing development for low-incomwe people, with a terms that its still concerned with the suitability and design on the spatial planning in that area, 2) regional governments as the representatives of the state in the regions authorized in planning, utilizing and controlling spatial in their regions, especially on the regional spatial planning policies, granting licenses, and giving punishment to anyone who violating the regional regulations. enclaving on the cultivation rights title as a land source for low-income people housing development must suitable with the spatial allocation that allows housing / flats to be built.
PENGEMBANGAN MODEL FIDUSIA TERHADAP PENITIPAN BARANG DARI PERSERO PEGADAIAN KEPADA DEBITUR Muhammad Taufich Hidayat; Martin Roestamy; endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 11 No. 2 (2019): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (582.384 KB) | DOI: 10.30997/jill.v11i2.2110

Abstract

This study aims: 1) To find out and analyze the development of fiduciary models for safekeeping of goods from PT. Pegadaian to the debtor, 2) To find out and analyze the execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults. The research method used in this study is a normative juridical study that uses a qualitative approach. The results of this study are: 1) Development of the fiduciary model for safekeeping of goods from the PT. Pegadaian to the debtor, namely the Fiduciary Installment Credit System (KREASI), where the credit facility is subject to the provisions applicable to fiduciary law. Debtors who need funds do not hand over objects used as collateral to PT. Pegadaian as a creditor. 2) Execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults, in the execution of fiduciary guarantees at PT. Pegadaian there are differences of opinion between PT. Pegadaian with the State Receivables and Auction Service Office (KP2LN). PT. Pegadaian states that the execution of fiduciary guarantees is carried out on its own with reference to the Basic Rules of PT. Pegadaian. Whereas KP2LN believes that the one authorized to carry out fiduciary guarantees is KP2LN with reference to the Fiduciary Law. In this case the author agrees with KP2LN because the legal basis of the Fiduciary Law is stronger than the Basic Rules of PT. Pegadaian.
ASAS KEADILAN DALAM SUPLAI MAKAN TAHANAN KEPOLISIAN DAN LEMBAGA PEMASYARAKATAN DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 danang wijayanto; Martin Roestamy; endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.307 KB) | DOI: 10.30997/jill.v12i1.2526

Abstract

This study aims to find out and analyze the mechanism of procurement of food supplies, and the achievement of justice for prisoners of the Police and Penitentiary. The research method used in this study is normative juridical research. The results of this study are: 1) The mechanism of procurement of prisoner food supplies Police and Penitentiary, has sought to fulfill the right of prisoners to food in accordance with applicable standards and also Minister of Law and Human Rights regulations Number M.HH-01.PK.07.02 of 2009. This can be seen from timely food supply and is served three times a day by the Police and Penitentiary even though the menu presented is less varied when viewed from nutritional adequacy figures due to budget constraints, 2) Procurement of goods and services in the field of eating food of police and Penitentiary detainees to achieve justice, the authority of the Budget User Authority (KPA) during the process of auctioning prisoner food ingredients. So based on its authority, KPA has used its authority during the process of auctioning prisoner food ingredients, the legal arrangements for delays in obtaining prisoner food suppliers in the following fiscal year have no clear legal instruments so KPA has taken its own initiative in procuring prisoner food ingredients.
ASAS KEPATUHAN DALAM MENJALANKAN SISTEM PERJANJIAN KERJA WAKTU TERTENTU DI WILAYAH BOGOR Iwan Wahyudi; martin Roestamy; endeh suhartini
JURNAL ILMIAH LIVING LAW Vol. 12 No. 2 (2020): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v12i2.3279

Abstract

The purpose of this study are: 1) To find out and analyze the principle of compliance in carrying out a Temporary Appointment Work Agreement system in the Bogor area. 2) To find out and analyze steps to improve the fate of workers in a Temporary Appointment Work Agreement system in the Bogor area. The research method used in this research is normative juridical research and sociological research. The results of this study are: 1) The principle of compliance in carrying out the system of Temporary Appointment Work Agreement in Bogor Regency and Bogor City, in practice there are still frequent violations, due to unclear rules regarding the application of a Temporary Appointment Work Agreement (PKWT). 2) Measures to improve the fate of PKWT system workers, in terms of legal structure refer to the form and position of legal institutions contained in the labour law system. For workers who are not in accordance with the laws and regulations, for the sake of law will change to PKWTT, which is changed to become permanent workers. The protection provided is in the form of rights and obligations as permanent workers in the form of protection of the rights to wages, occupational health, job security, severance pay, reward money for work tenure, and work replacement money. Legal culture (legal culture) includes the values contained in the community that underlies the applicable law in PKWT.
MODEL PEMANFAATAN ATAS TANAH TERLANTAR DARI HAK GUNA USAHA DIKAITKAN DENGAN PENGEMBANGAN USAHA PONDOK PESANTREN DI KAWASAN BOPUNJUR Rizal Syamsul Maarif; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 13 No. 1 (2021): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v13i1.4202

Abstract

The objectives of this study are 1) To identify and analyze the concept and politics of enclaving abandoned land ex-land use rights (HGU) in Indonesia 2) To find out and conduct legal analysis regarding the development of an enclaving model of abandoned land ex-land use rights (HGU) of PTPN VIII for the development of a Pondok Pesantren business in the Bopunjur area. The research method used in this research is normative juridical analysis research with a qualitative approach combining secondary legal materials with primary legal materials so as to produce a fact analysis that occurs in the field. The results of this study are: 1) the concept and politics of enclaving on ex-plantation and agricultural land in the Bopunjur area can be utilized as a business development for a Pondok Pesantren, taking into account the 3-year period the land is not suitable for its purpose. And even tend to be neglected or have experienced several cultivated operations. 2) an enclaving development model for abandoned PTPN VIII land, namely by following the asset empowerment cooperation procedure for 5 years, on the way it can be upgraded to a right of use certificate and for 3 consecutive years you can request enclav to the Provincial BPN because Bopunjur is a direct area under the auspices of the Provincial BPN by observing the principle of benefiting the abandoned land into productive activitiesKeywords : Enclaving Model Development, Utilization Principles, Abandoned Land
KEPASTIAN HUKUM SERTIFIKASI HALAL PADA OBAT-OBATAN DIKAITKAN DENGAN JAMINAN PRODUK HALAL Deni Hudaefi; Martin Roestamy; Achmad Jaka Santos Adiwijaya
JURNAL ILMIAH LIVING LAW Vol. 13 No. 2 (2021): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia is a country with the largest Muslim population in the world. In Islam, it is forbidden to consume any haram food. The state is currently obliged to provide protection and guarantee the halalness of products consumed by the public.The purpose of this study is to analyze the urgency of implementing Halal Drug Certification and to find out the Legal Certainty of Halal Certification related to Halal Product Guarantee.The approach method used in this research is normative juridical, where the law is conceptualized as a norm, rule, principle or dogma. The data collection techniques in this research are through the literature study, interviews and the using of qualitative analysis.Based on the results of the research, the halal certification implementation of drugs in Indonesia is urgently needed. The 90% of raw materials of it are imported from non-Muslim countries, so the drugs that circulate in Indonesia must be certified halal supported by the Halal Inspection Agency. However, the administrative penalty applied towards the violators of Halal Product Guarantee need to be switched to the criminal law or the public law analized from the point of view of the community concern.
MODEL PERLINDUNGAN HUKUM BAGI KREDITUR LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI DI MASA PANDEMI COVID-19 Debbi Puspito; Martin Roestamy; Edy Santoso
JURNAL ILMIAH LIVING LAW Vol. 14 No. 1 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i1.5303

Abstract

The purposes of this study are 1) to find out and analyze the forms of violations committed by fintech lending debtors online during the Covid-19 pandemic; 2) to find out and analyze the legal protection model for creditors in these services during the Covid-19 pandemic. The research method used is normative juridical analysis with a descriptive analysis approach. The results of this study are: 1). There are 3 types of violations encountered during the loan service research, namely default in the form of default by the debtor at the time of repaying the loan for several reasons, including not having a fixed income while the debtor needs funds for his daily needs. Another problem is the existence of bad faith from third parties (sales), committing fraud violations with fictitious debtor data and deliberately failing to pay 2). Legal protection models that can be applied include: Financial protection in the form of insurance for creditors; Guarantee Protection in the form of intangible assets in the form of a National Identity Number; Agreement protection, namely strengthening the position of creditors in the contents of the agreement: and protection of strict sanctions contained in the legislation.
The Romanticism of Alcoholic Beverage Regulation in Indonesia: Evidence of Legal Uncertainty? Martin Roestamy; Adi Rahmanur Ibnu
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1239.pp336-349

Abstract

Legal provisions regarding alcoholic beverages are a complex issue in Indonesia. Therefore, this relates to several aspects, ranging from health or adverse and destructive impacts, halal and haram, to investment-related economic factors. However, to date, no law in Indonesia explicitly regulates alcoholic beverages. The formation of the existing Bill on Alcoholic Drinks must consider all aspects, whether social, cultural, economic, political, or religious. In addition, drafting the Alcoholic Drinks Bill must involve all elements of society comprehensively. This article aims to conduct a legal analysis of the legal policy of regulating alcoholic beverages in Indonesia. The analysis is carried out on the applicable positive law (ius constitutum) and legal policies to regulate alcoholic beverages in the future (ius constituendum). The Normative Legal Research Method is used to analyse the legal system of alcoholic beverages in Indonesia, which shows the uncertainty of management, control, and supervision. This impacts the conflict of interest between investment and the moral life of the Indonesian people. As a result, this study recommends that lawmakers reform the alcoholic beverage law in Indonesia by paying attention to Pancasila as the basis of the nation's philosophy. For this reason, integrated regulation and supervision of alcoholic beverages are needed, and law is urgently needed to unify the overlapping and diverse regulations regarding alcoholic beverages.
PERLINDUNGAN HUKUM BAGI KONSUMEN PERUMAHAN ATAS PENYALAHGUNAAN FASILITAS SOSIAL DAN FASILITAS UMUM MENJADI LAHAN BISNIS Abdullah Emile oemar Alamudy; Martin Roestamy; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 14 No. 2 (2022): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v14i2.6358

Abstract

Social Facilities and Public Facilities are supporting facilities in a residential area to provide interaction and activities for the residents. This Social and Public facility has existed since a housing will be built which is stated in the Site Plan to be known by housing consumers. However, the site plans sometimes turn into business from their original functions. With the normative juridical research method, the author tries to examine laws and regulations relating to Social and Public Health by analyzing the handling of changes in these facilities that have changed functions into business land as legal protection for housing consumers and efforts to resolve the switching function of these facilities by developers as a legal liability. The results of the research carried out, that the change into a business area in a housing/settlement is very detrimental to the rights of customers to get their rights to the facilities.
The Philosophy of Pancasila as The Grand Theory of Legal Research Based on Bibliometric Analysis Martin Roestamy; Abraham Yazdi Martin; Radif Khotamir Rusli
Indonesian Journal of Social Research (IJSR) Vol 4 No 3 (2022): Indonesian Journal of Social Research (IJSR)
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/ijsr.v4i3.247

Abstract

Grand Theory is a prominent theory in macro to explain social life, history, and human experience. The research purpose is to find a mapping analysis with the VOSviewer application to carry out a bibliometric analysis of research in law. Research data was obtained through Publish or Perish software. The information data collected is the search result for the terms "Pancasila" and "Grand Theory" within the scope of the Crossref platform. From the search results, it’s found 1074 articles published between 2018 and 2022. Based on the findings, In 2018, 257 publications were published, decreased to 167 articles in 2019, and increased again to 275 articles in 2020, until slightly reduced to 228 in 2021. In 2022 there were 146 research publications related to Pancasila research as a grand theory published in the Crossref search. The value of bibliometric analysis in providing analytical data about what happened is demonstrated in this work. This research is intended to assist and become a resource for researchers in identifying research themes, especially in law.
Co-Authors Abduh, Amirullah Abdul Kholik Abdullah Emile oemar Alamudy Abraham Yazdi Martin Achmad Jaka Santos Adiwijaya Adi Atmaka Adi Juardi Adi Rahman Nur Ibnu Adi Rahmannur Ibnu Adi Sulistiyono Agustina Multi Purnomo Ahwarumi, Biyati Al Husaeni, Dwi Fitria Al Husaeni, Dwi Novia Al Obaidi, Abdulkareem Sh. Mahdi ALI NURMANSYAH Anas Alhifni Arifah Rahayu Asep Bayu Dani Nandiyanto Asep Bayu Dani Nanyanto Asep Hidayat Asep Thobibuddin Qolyubi Asril Tinambunan Bilad, Muhammad Roil Chalim, Saefuddin Chamidah, Umi Chano, Jiraporn Dadan Hindayana danang wijayanto Dani Nanyanto, Asep Bayu Danil, Mahmud Debbi Puspito Dede Maryana Dede Syahrudin Deni Hudaefi Echatarina, Putri Edi Prayitno Edi Prayitno, Edi Edy Santoso Edy Supaino Endeh Suhartini Euis Salbiah Fanani, Muhammad Zainal Giffari, Davi Aulia Indra Ginung Pratidina Habib, Yahya Abdul Hambani, Susy Helmia Tasti Adri Heri Suherman Heriyanti, Yulita HERMAWAN Ilman Khairi Irma Purnamasari Irman Suherman Iwan Wahyudi Jose Andreawan, Jose Andreawan Kartakusumah, Berliana Khotamir Rusli, Radif Mahmud Danil Mas Guntur Wiraprana Ma’arif, Rizal Syamsul Megan Asri Humaira Mochammad Yunus, Mochammad Mohamad Ali Fulazzaky Monaya, Nova Moyana, Nova Mufrina Muhamad Aminulloh Muhammad Husein Maruapey Muhammad Rendi Ramdhani Muhammad Taufich Hidayat Muhtar, Saepudin MULYADI Musthofa , Arafat Nasrulloh Nita, Kamala Sia Rio Nita, Kamalasia Rio Nur ‘Azah Nurwati Nurwati Nur Nurwati Nurwati Pepen Rustam Purnamasari, Irma PUTRI ECHATARINA Qolyubi, Asep Thobibudin R. Siti Pupu Fauziah Raden Djuniarsono Radif Khotamir Rusli Radif Khotamir Rusli Radif Khotamir Rusli Rahman Nur Ibnu, Adi RAUF, AUNU Rita Rahmawati Rita Rahmawati Rizal Syamsul Maarif Rokhman, Mauhibur Rusi Rusmiati Aliyyah Rusli, Radif Khotamir Saepi Syawaludin Samsuri Sastrawan, Berry Setyono, S. Sihotang, Sudiman Siregar, Togar SITI MARYAM Sitohang, Sudiman Supaino, Edy Suryani, Danu Sya, Mega Febriani Syawaludin, Saepi Syukri Indra Tama Rahayu, Ray Taufik Mappaenre Tinambunan, Asril Tirta, Maura Najwa Noor Raina UMAN SUHERMAN, UMAN Uus Firdaus Warizal Yazdi Martin, Abraham Yulita Heriyanti Yumarni, Ani Zahra Khusnul Lathifah