International Journal of Educational Review, Law And Social Sciences (IJERLAS)
This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings with clear goals and visionary in various activities that have innovation and creativity. So that they do not just replicate the same activities in different places but must have to measurable results and impacts for society and support the achievement of the goals set in modern human development.
Articles
35 Documents
Search results for
, issue
"Vol. 3 No. 5 (2023): September"
:
35 Documents
clear
<![CDATA[EFFORTS AND LEGAL CERTAINTY IMPLEMENTATION OF ACQUIRED ASSETS (AYDA) BY THE BANK BASED ON LAW NUMBER 4 OF 1996 CONCERNING COLLATERAL RIGHTS TO LAND AND OBJECTS RELATED TO LAND ]]>
<![CDATA[Riwenda Septiani]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.995
<![CDATA[Implementation of AYDA in the field often experiences obstacles that can cause delays in the implementation of AYDA and takes 1 (one) year to 5 more years to complete the AYDA even to the point where the process stops or gets stuck and in practice there are still many who don't follow the system set forth. regulated by UUHT. So this will cause legal uncertainty for the object of Mortgage Rights controlled by the bank so that it violates the aspect of Guarantee Law that guarantees cannot be owned by creditors. The formulation of the research problem (1) What legal steps can be taken if the implementation of the AYDA is not based on Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land? (2) What is the legal certainty of the Mortgage Object Controlled by the Bank in the Implementation of Foreclosures of More Than 1 (One) Year? The research method used is normative legal research method. The primary legal material used is the applicable laws and regulations relating to the issues to be discussed. The secondary legal materials used in this writing consist of: (1) books related to the legal issues at hand; (2) Results of research/scientific work relating to the legal issues at hand; (3) Legal magazines/journals/articles on legal issues encountered. tertiary Legal Materials, at this writing, namely: Big Indonesian Dictionary; legal dictionaries; Encyclopedia; Newspaper. The results of the study show that legal remedies that can be taken if the implementation of the AYDA are not based on Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, namely ordinary legal remedies and extraordinary legal remedies. Legal Certainty of Mortgage Objects Controlled by Banks in the Implementation of Foreclosures of More Than 1 (One) Year, namely Mortgage Objects in principle cannot be owned by creditors as referred to in Article 12 of the Mortgage Law. To protect this principle, Article 12A of the Banking Law stipulates that collateral purchased by a bank must be resold as quickly as possible in order to pay off its receivables because banks are not allowed to own the collateral that has been purchased. This is an embodiment of legal certainty on the Mortgage object that is controlled by the bank in implementing the AYDA for more than 1 (one) year. Legal certainty in this regulation is to maintain the principle that the guarantee is not to own the goods, but is used to guarantee that the debtor will carry out his obligations until they are paid off or if they fail, they can be sold as soon as possible to pay off the debtor's debt.]]>
<![CDATA[LEGAL STATUS OF ADOPTED CHILDREN IN THE CIVIL INHERITANCE LAW BASED ON ARTICLE 832 OF THE CIVIL LAW BOOK ]]>
<![CDATA[Wulan Agustini]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.996
<![CDATA[Adoption of children based on Article 1 number 2 of Government Regulation Number 54 of 2007 concerning the Implementation of Adoption states that: "A legal act that diverts a child from the environment of power of parents, legal guardians, or other people who are responsible for the care, education and upbringing of children the child, into the adoptive parent's family environment. The rights of adopted children regarding property left by adoptive parents is an inheritance problem that occurs in many communities. Regarding inheritance rights that arise after a parent dies, there is a difference in the amount of inheritance obtained by adopted children and biological children. In fact, sometimes adopted children are still considered not part of the family, which in the end, the rights of adopted children are ignored. This does not rule out the possibility of problems such as the distribution of inheritance. The formulation of the problem in this study: (1) What is the legal position of adopted children in civil inheritance law based on Article 832 of the Civil Code? (2) What is the legal protection for adopted children in the distribution of inheritance? The research method used is normative legal research method. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia and the Civil Code. The secondary legal materials are in the form of all legal publications which are not official documents. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that the legal position of adopted children in civil inheritance law based on Article 832 of the Civil Code, namely the Civil Code does not specifically regulate the inheritance rights of adopted children, but they are entitled to a share through a will grant. The Civil Code only regulates the recognition of children out of wedlock. The Netherlands once regulated it in Staatsblad No. 129 of 1917 which applies to the Chinese group. Based on the Criminal Code there are restrictions in terms of making a will, namely regarding the size of the inheritance to be distributed to heirs which is called ligitime portie which is regulated in Articles 913-929 of the Criminal Code. Legal protection for adopted children in the distribution of inheritance according to Philipus M. Hadjon is divided into two, namely preventive legal protection and repressive legal protection. Preventive legal protection provides an opportunity for the child to submit objections or opinions before a government decision violates children's rights, the aim is to prevent violations of children's rights. Repressive legal protection is a legal protection for prosecution by the government whose purpose is to resolve disputes.]]>
<![CDATA[REVIEW OF PRINCIPLES OF QUANTITATIVE RESTRICTIONS ON DISPUTE SETTLEMENT“EU AND US LAWSUIT FOR THE INDONESIAN GOVERNMENT'S NICKEL EXPORT BAN POLICY BY THE WTO DISPUTE SETTLEMENT BODY ]]>
<![CDATA[Lusi Puspita Sari]]>;
<![CDATA[Ariawan]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.997
<![CDATA[The Government of Indonesia through Regulation of the Minister of Energy and Mineral Resources Number 11 of 2019 concerning the second Amendment to Regulation of the Minister of Energy and Mineral Resources Number 25 of 2018 concerning Coal Mining and Mineral Exploitation (Permen ESDM 11/2019) decided to stop exporting nickel ore from from 1 January 2020. This regulation is considered to violate the Quantitative Restriction Principle in Article XI of the General Agreement on Tariffs and Trade (GATT) and is being demanded by the European Union against the Dispute Settlement Body of the World Trade Organization (DSB WTO). This article analyzes the scope of Article XI of the GATT and the conformity of the nickel ore export ban regulation with justification in the GATT regulatory framework. This article uses a normative juridical approach, namely legal research conducted through research on library materials and secondary data. This research is descriptive analytical in nature that analyzes related legal instruments, to provide a thorough and systematic understanding of the scope and application of the Quantitative Restriction Principle.This study shows the results that the Interpretation of Article XI: 1 GATT, Indonesia's export ban regulations can be said to be incompatible with the principle of a quantitative restriction ban. Indonesia in implementing a nickel ore export ban has a background to maintain Indonesia's nickel supply which has been depleting. Due to the depletion of Indonesia's nickel supply, the government decided to downstream and industrialize nickel ore. This background is in line with the exception in Article XI:2 (a) which allows export restrictions for a country's essential products. Even so, based on Article XI: 2 (a), this export restriction must be implemented temporarily.]]>
<![CDATA[GRONDKAART LEGALITY AS EVIDENCE OF LAND TENURE RIGHTS BY PT. KAI ACCORDING TO AGRARIAN LAW ]]>
<![CDATA[Sahati]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.998
<![CDATA[Grondkaart or block maps are documents that prove the ownership of assets which are wealth for an institution or company that must be maintained. There are several things that are still being debated regarding the position or legality of Grondkaart itself. One state company that still uses Grondkaart as proof of ownership of its land assets is PT. Kereta Api Indonesia (Persero) or PT. KAI. Land assets PT. KAI is a legacy of the Dutch railroad company which was subject to nationalization, the land often causes disputes due to evidence of land tenure in the form of Grondkaart which is not regulated in Law Number 5 of 1960 and Government Regulation Number 24 of 1997. The formulation of the problem in this article is (1) What is the position of Grondkaart as a basis for rights or evidence of land tenure according to Indonesian Agrarian Law? (2) How is the legal protection and legal certainty of Grondkaart as proof of land ownership by PT KAI so that it can provide a solution to land problems for the residents of Miji Mojokerto? The research method used in this article is the normative legal research method with statutory, conceptual and case approaches. The technique used in the analysis of legal material is to use grammatical interpretation and systematic interpretation. The results showed that Grondkaart's position was not regulated in Law No. 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation No. 10 of 1960 Jo. Government Regulation Number 24 of 1997 concerning Land Registration, this has resulted in that Grondkaart is not a strong proof of ownership of railway land, but can be used as a basis for ownership or as the basis for PT. Kereta Api Indonesia (Persero) to register their land in order to obtain a strong Certificate of Land Rights. Grondkaart is proof of PT KAI's land ownership which if in the process of securing assets a dispute occurs it can be used as proof of ownership where rights have never been renewed.]]>
<![CDATA[DETERMINATION OF BREACH IN ORAL LENDING AGREEMENTS WITHOUT AGREEMENT OF RETURN TIME REVIEWED FROM THE AGREEMENT LAW ]]>
<![CDATA[Satria Gunawan]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.1006
<![CDATA[The agreement in its implementation constitutes a binding legally binding between one party to another party who enters into the agreement. Agreements can be made orally or in writing provided that they do not conflict with the provisions stipulated by laws and regulations. Sometimes in the implementation of the agreement, the parties sometimes do not carry out the contents of the agreement, so that in practice the legal system in Indonesia is known as a default or broken promise. In 2011, there was a dispute between Manginar Sagala and Absen Malau regarding the loan provided by Manginar Sagala to Absen Malau. In the loan agreement, it was agreed that Manginar Sagala would lend Rp. 137,000,000. - (one hundred thirty seven million rupiah) to Absen Malau where this agreement was made orally. However, until 2017, Absen Malau had no good faith intention to repay the loan and challenged him by saying that he would just put me in prison. On December 4, 2020 Manginar Sagala through his attorney sent a letter of warning/subpoena to Absen Malau but there was no response at all from Absen Malau. So that Manginar Sagala sued Absen Malau at the Medan District Court with a lawsuit that Absen Malau had defaulted (broken promise). What is the formulation of this research problem regarding the provisions regarding verbal loan agreements? As well as how is the determination of default in the loan agreement orally without an agreed return time in terms of the law of the agreement? The method used in this research is the normative legal method. The results of the analysis show that the provisions regarding verbal lending and borrowing agreements when viewed from the form of the agreement, whether written or oral or non-contractual, will not affect the binding strength of an agreement as long as the essence of the agreement made does not conflict with applicable legal principles.]]>
<![CDATA[EMPLOYEE PERFORMANCE IMPROVEMENT STRATEGY IN EFFORTS TO IMPROVE CUSTOMER RELATIONS USING HIERARCHY PROCESS ANALYSIS AND CUSTOMER RELATIONSHIP MANAGEMENT METHODS AT PT.MASAJI KARGOSENTRA TAMA BELAWAN ]]>
<![CDATA[Muhammad Sadani]]>;
<![CDATA[Prihatin Lumbanraja]]>;
<![CDATA[Meilita Tryana Sembiring]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.1011
<![CDATA[Based on the analysis and discussion of research regarding complaint handling at PT. Masaji Kargosentra Tama, it can be concluded as follows. Employee performance appraisal at PT Masaji Kargosentra Tama is carried out using a comprehensive approach. This performance appraisal process involves various KPI parameters related to customer service. For each KPI parameter, employees are given an assessment based on a predetermined scale or scoring system. This rating scale allows management to measure the quality of employee performance in aspects relevant to their duties and responsibilities. This assessment can be carried out periodically, for example every month or every year, using available data and information. During the assessment process, the management of PT Masaji Kargosentra Tama evaluates employee performance by considering each KPI parameter separately or as a whole. This performance appraisal can involve various methods, such as direct observation, data collection, interviews, or feedback from customers and colleagues. After getting the assessment results. Based on the results of the analysis using AHP, the division that has the highest assessment score is 3.15, followed by Operations with a score of 2.84, followed by Finance with a score of 2.01. So it is found that the commercial division is the focus in service to customers. With a strong focus on customer service, companies can direct efforts and resources to improve service quality, respond effectively to customer needs, and build good relationships with customers. Priority given to customer service will help companies to increase customer satisfaction, maintain customer loyalty, and achieve competitive advantage in a highly competitive industry. The proposed strategy that can be carried out by PT Masaji Kargosentra Tama is to create a customer membership system. The goal is for customers to get special services such as offering special prices, thereby increasing customer satisfaction. And for companies to find out detailed customer information so as to increase the possibility of carrying out customer programs as the implementation of a more personal customer relationship management (CRM) strategy.]]>
<![CDATA[LEGAL CERTAINTY OF BPJS KESEHATAN CARD REQUIREMENTS IN THE TRANSFER OF LAND RIGHTS ]]>
<![CDATA[Teguh Ariyanto]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.1012
<![CDATA[This article aims to analyze and examine the legal certainty of the prerequisites for the BPJS card in transferring land rights and the legality of transferring land rights without attaching a BPJS card after Presidential Instruction No. 1 of 2022. This article uses a normative legal research method. The nature of the research is descriptive analysis. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration and Presidential Instruction Number 1 of 2022 concerning Optimization of the Implementation of the National Health Insurance Program. As for secondary legal materials in the form of publications on law including text books, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that legal certainty is a prerequisite for BPJS cards in transferring land rights, namely the government does not actualize aspects of legal certainty as prerequisites for BPJS cards in transferring land rights where legal regulations must be implemented consistently and consequentl.]]>
<![CDATA[THE POLITICS OF LAND LAW AND THE IMPLEMENTATION OF THE AGRARIAN REFORM PROGRAM IN INDONESIA ]]>
<![CDATA[Jesse Heber Ambuwaru]]>;
<![CDATA[Bintan R. Saragih]]>;
<![CDATA[Listyowati Sumanto]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.1013
<![CDATA[Agrarian reform is primarily aimed at overcoming inequality in land ownership, realizing legal certainty, prosperity and welfare for the whole community. The research objective is to describe howthe development of agrarian politics related to agrarian reform, the implementation of agrarian reform in Indonesia and the obstacles faced in implementing agrarian reform. This type of normative legal research is descriptive and the statute approach and concept approach are used in this study. Secondary data that has been collected is analyzed qualitatively, and conclusions are drawn using deductive logic. The results of the study show that the politics of agrarian law related to agrarian reform in the Old Order, New Order and Reform Order eras have led to efforts to realize equal distribution of prosperity for all people. The implementation of agrarian reform achieved success achieved by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through the acceleration of the Agrarian Reform Object Land and Complete Systematic Land Registration programs which always reach the target every year. It is targeted that in 2025 all land parcels in Indonesia will have been certified through the Complete Systematic Land Registration program. There are various internal and external obstacles faced in implementing agrarian reform.]]>
<![CDATA[LEGAL PROTECTION OF THE SALE AND PURCHASE OF LAND RIGHTS THAT HAVE NOT BEEN REGISTERED ]]>
<![CDATA[Lisa Komala Dewi]]>;
<![CDATA[Tjempaka]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.1014
<![CDATA[This article aims to discuss the legal consequences of buying and selling land rights that have not been registered and legal protection for buying and selling land rights that have not been registered. This article uses normative legal research methods. The nature of the research is descriptive analysis. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration. As for secondary legal materials in the form of publications on law including text books, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this research are the Big Indonesian Dictionary and the Legal Dictionary. The results of the research show that the legal consequences of transferring rights due to the sale and purchase of land that has not been registered are legally valid if the transfer of land rights is due to the sale and purchase of land that has not been registered. the registration has met the material requirements for sale and purchase, namely "bright" and "Cash". Legal protection for buyers of land rights due to the sale and purchase of land that has not been registered will still receive legal protection if those who obtain it are in good faith, namely in the form of repressive legal protection, namely legal protection which is directed more towards efforts to resolve disputes, as an example is the settlement of disputes in court,]]>
<![CDATA[AUTHORITY OF THE NOTARY IN MAKING CERTIFICATE OF INHERITANCE FOR INDONESIAN CITIZENS ]]>
<![CDATA[Hanifah]]>;
<![CDATA[Gunawan Djajaputra]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.54443/ijerlas.v3i5.1015
<![CDATA[This article aims to discuss the authority of a notary regarding the making of an inheritance certificate for Indonesian citizens and the legal certainty of an inheritance certificate for Indonesian citizens made by a notary based on Article 106 of Law Number 23 of 2006 as Amended by Law Number 24 of 2006. 2013 concerning Population Administration. This article uses normative legal research methods. The nature of the research is descriptive analysis. The primary legal materials used in this study are the 1945 Constitution of the Republic of Indonesia, Law Number 12 of 2006 concerning Citizenship, Law Number 23 of 2006 as amended by Law Number 24 of 2013 concerning Population Administration, Regulation of the Minister of Agrarian Affairs/Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the third Amendment to Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for Implementing Government Regulation No. 24 of 1997 concerning Land Registration, Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notary. The secondary legal materials include textbooks, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that the Notary's Authority in making inheritance certificates for Indonesian citizens is valid. Because a Notary as a public official is given the authority to carry out some of the state's duties in making authentic evidence in the field of civil law whose authority is regulated in a separate regulation. The legal certainty of a certificate of inheritance for Indonesian citizens made by a Notary has perfect evidentiary power.]]>
