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JURNAL ILMIAH LIVING LAW

livinglaw
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Published by Universitas Djuanda Bogor

ISSN : 20858078 EISSN : 25501208 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.

Arjuna Subject : -

Articles 208 Documents

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REDISTRIBUSI TANAH MENUJU PENGUASAAN TANAH YANG BERKEADILAN subroto Broto
JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.539

The goals to be achieved in this research is to study and analyze how the transition arable land rights on ex leasehold land, to study and analyze the impact arising from disputes over land arable land in the former concession , to determine and analyze the arable land in dispute resolution above ground with the perspective of ex leasehold land redistribution . The method used is empirical juridical, juridical approach is used as a baseline in the form of rules relating to the rights and land acquisition, while the empirical approach used to analyze how the process of the issues raised. Settlement of land disputes are often detrimental to the community , the need to encourage settlement through land redistribution. This is the answer to the problem of inequality emerging agrarian structure , poverty , food security and rural development . Land redistribution as a development strategy and is expected to step in solving the fundamental problems and at the same time able to realize a more equitable life together.

JUSTIFICATION OF ESTABLISHING BUILDING PERMITS FOR PRIVATE EDUCATION INSTITUTIONS WAQF BASED ON THE PERSPEKTIF GOVERNMENT SOCIAL RESPONSIBILITY Muhammad Aminulloh; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Indonesia as a developing country is still trying to do development, this development requires the Legal Certainty for the realization of efforts community life. [Article 1 paragraph (3) of the 1945 Constitution (after amendment). In fact, legislation relating to development still overlaps policies, resulting in the existence of Legal Uncertainty. Example; Perda IMB pertains to the services of authorized officers. Governments use planning to manage land development of their jurisdictions. Thus, government units can plan community needs while safeguarding natural resources. A building permit is required in accordance with the spatial, land use planning (land use plan). The government makes rules on the land guidance plan, one of which is the rule of article 2, paragraph 1 of the BAL, the state regulates the use, allocation, provision and maintenance, usage, designation (utilization, KDB, outbreaks, apartment buildings, irrigation buildings, etc.). How to use the land, there are rules, the rules can be location permit, IPPT, land use permit, building permit, why should use IMB, as this is to regulate in the framework of the maintenance of the livelihood of the people and this applies to all, and schools, social schools, including educational institutions that stand on wakaf land managed by the foundation. For educational institutions, it is felt to be heavy in terms of obtaining building permits. this is because the process of permission to build the building was equated with the lisence establishment of factories, industries etc. Besides that, the heavy rules so far felt by institutions that will establish school schools to licensing issues are the rules on AMDAL. The government is afraid of land use will be wrong. AMDAL is requirements for the establish of a school. The government should make a classification rule on AMDAL for building permits for the establishment of schools, especially school schools located in waqf land, lighter than building permits for industrial or factory establishments. (descriptions of AMDAL). The importance of building lisence (IMB) can be a starting point in obtaining legal certainty to the right of building so that disturbance or harmful things, and to gain comfort in using the buildingKeywords: IMB, Land of Waqf and Government Social Responsibility

LEGAL ASSURANCE OF MATERIAL RIGHT IN THE PROPERTY RIGHT OF FLAT UNIT Martin, Abraham Yazdi
JURNAL ILMIAH LIVING LAW Vol 9, No 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Ilmu Hukum Sekolah Pascasarjana Unida

Guarantees of material rights are collateral held by a creditor against one item whereby the right owned by the owner on the item is affixed to the priority right owned by the creditor so that it can be given a repayment first by selling the secured item for a debt. The practice of property law in society has developed with the new right in the legal system of objects, which is called the right of property of the apartment unit (HMSRS) or also known as strata-title. Most of the flats (commercial flats) are built on building rights, since building use rights are generally owned by Limited Liability Company (developers) who can only own building rights in accordance with the provisions of Basic Agrarian Law (UUPA). The issue becomes uncertain when the tenure period ends, while the title given to the flats is a property that does not recognize the ending period as a result of HMSRS ownership registration using the vertical sticking principle. This study aims to analyze and simultaneously provide a solution to the problem of property law in Indonesia, especially regarding the legal certainty of the material with the approach of normative juridical and sociological juridical support that sees legal postulates in the application of property law.Keywords: material rights, property law, vertical access principle, fiducial law

OPTIMALISASI BADAN PENYELESAIAN SENGKETA KONSUMEN TERHADAP SENGKETA PINJAMAN KREDIT KENDARAAN BERMOTOR DI WILAYAH BOGOR BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN Edy Sanjaya Lase; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 10 No. 2 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

The purpose of this study are to find out and analyze the optimization of the Consumer Dispute Settlement Agency against disputes in motor vehicle credit loans in the Bogor region based on Law Number 8 of 1999 concerning Consumer Protection, and also the inhibiting factor in the optimization of BPSK against disputes in motor vehicle loan loans. The research method used in this study is normative juridical research that takes a qualitative approach. The results of this study are: the role of BPSK on disputes over motor vehicle credit loans is not optimal, it is necessary to optimize efforts for BPSK to become a fast, inexpensive and fair consumer-focused settlement institution outside the court. The inhibiting factor is the optimization of the Bogor City BPSK and Bogor Regency against disputes on motorized vehicle loans, including legislation and resources. BPSK is shackled by very complex regulations in the UUPK, even some UUPK articles actually contradict each other. Resource constraints include human resources, infrastructure and budgeting.

PENGARUH PENERAPAN STELSEL NEGATIF TERHADAP DUPLIKASI KEPEMILIKAN TANAH DIKAITKAN DENGAN PENGEMBANGAN PERUMAHAN BAGI MASYARAKAT Irsyad surawirawan
JURNAL ILMIAH LIVING LAW Vol. 8 No. 1 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

In the system of negative publicity, not registration but the validity of a legal act performed that determines the transfer of rights tothe buyer. Registration of rights does not make people who obtained land from unauthorized parties, into a new right holder. Legal certainty over land right, do not materialize as expected. Identification of this research are : 1) How can the aplication of a negative stelsel against registration to land titles; 2) How is the effectivences of the legal settlement of the holders of right to land when there are multiple land ownership rights in the case of the contruction of the flats by PT. Gaperi Prima; 3) How is the prevention of the application of negative stelsel againts duplicationof community land ownership.This study uses normative juridical approach. Normative juridical research stage, using literature study (review of the literature). Result of this research are : 1) Registration of land with negative publicity system does not provide legal certainty; 2) The National Land Agency is less effective in resolving duplication of land ownership on the flats development by PT. Gaperi Prima; 3) What is proposed in the registration system of negative publicity should credible.

MENGENAL PENYELESAIAN SENGKETA KOMERSIAL INTERNASIONAL MELALUI ARBITRASE edy santoso
JURNAL ILMIAH LIVING LAW Vol. 7 No. 2 (2015): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

It is important to choice dispute resolution effectively in international trading. Arbitration is a form of alternative dispute resolution (ADR), is a legal technique for resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. In international trading, arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The role of arbitrate is as one of ADR system is very significant. It is to be ADR universal system in international contract. Arbitration can be either voluntary or mandatory and can be either binding or non-binding. It is depend on the parties with good faith. Win-win solution in dispute resolution to be main reason for those parties why choice arbitrates as ADR system.

TAX DEDUCTIBLE SEBAGAI KOMPENSASI KEGIATAN SOCIAL RESPONSIBILITY LEMBAGA NOTARIS DALAM PENGESAHAN BADAN HUKUM YAYASAN PONDOK PESANTREN PUTRI ECHATARINA; MARTIN ROESTAMY
JURNAL ILMIAH LIVING LAW Vol. 10 No. 1 (2018): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

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 nation's 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.

DEVELOPMENT MODEL OF BUILT OPERATE AND TRANSFER (BOT) OVER WAQF LAND PRODUCTIVITY Nova Monaya
JURNAL ILMIAH LIVING LAW Vol. 9 No. 1 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Build, Operate, Transfer (BOT) is an agreement that provides solutions between parties that have common interests but with their respective limitations that require the ability or ability of others to realize mutual benefits, for example one party has a plot of land that can be optimized for the benefit of the business to take advantage of the assets owned but due to limited funds or expertise in the field of asset management owned by inviting third parties to optimize the land to be utilized. From the BOT agreement there are many things that can be done and many advantages from third party communities including landowners, so that the land is not abandoned land or sleeping land. Waqf in the context of positive law as Law No. 41 of 2004 on Waqf, has inherited the rigid, closed, and narrow nature of its movement space permanently. This is due to the excessive concerns of the Naqwa waqf and the people around the land of waqf. Due to the nature of this rigidity, many land waqf which became the land of sleep, especially the manager of education and social activities, whereas land waqf land in a strategic location. This study aims to find a way out of the legal deadlock by harmonizing the law of land waqf with the approach of the law of covenant and the law of civil and land law as a pillar of increasing land productivity waqf. The research method used is a normative juridical approach with secondary legal materials from experts as well as comparative studies abroad that have implemented BOT on waqf land or utilizing objects on land waqf in perspective Islamic Business Law.Keywords : Built Operate Transfer (BOT), Waqf Law, Horizontal Separation Principle

PENEGAKAN HUKUM KEJAHATAN KORPORASI DI SEKTOR PERBANKAN Masnur Zein
JURNAL ILMIAH LIVING LAW Vol. 7 No. 1 (2015): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v7i1.145

Purpose of this research is how to tackle corporate crime in the banking company. Such identification will be investigated by the method of juridical and juridical comparative method. The results of this study indicate that the application of criminal sanctions against the perpetrators of crimes in the banking corporation is to apply criminal sanctions principal and additional penalty. Efforts are being made to combat corporate crime in the banking sector, namely the penal and non-penal efforts. Penal effort applied in the formulation and execution stages, whereas preventive measures or non-penal supervision and oversight of the efforts of the banking industry where efforts can be issued through the provisions of the decree and circulars, instructions, guidance and direction.

PERLINDUNGAN HUKUM HASIL KEKAYAAN ALAM TALAS BOGOR DALAM PERSPEKTIF HAK KEKAYAAN INTELEKTUAL Abdul Karim; Efridani Lubis
JURNAL ILMIAH LIVING LAW Vol. 8 No. 2 (2016): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Geographical indication protection is an important trademark system in Indonesia, as an archipelogic state with its rich knowledge, tradition, culture and tropical climate which produces various economic potencial product. Indonesia should have adequate system of geographical indication protection, its protect the environment and maximizing human and natural resources. This research avestion are legal protection of intellectual property right of Bogor taro and lapis talas sangkuriang. Method used in this research is normative juridical approach that is conceptualized law as norms, rules, principle or dogmas. This research use literature study. In this case the literature material is primary data under study which is categorized into secondary data. The results of this research are 1) Taro Bogor need to get legal protection through Geographical Indication of both active stelsel and passive stelsel; 2) Lapis Talas Sangkuriang Bogor can only get legal protection after it is registered, since Geographical Indication is a constitutive system, namely registration is the main requirement to get protection.

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Contact Name
JURNAL ILMIAH LIVING LAW

Contact Email
livinglaw@unida.ac.id

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Journal Mail Official
livinglaw@unida.ac.id

Editorial Address
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Location
Kota bogor,

Jawa barat

INDONESIA