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Warkat
Published by Universitas Brawijaya
ISSN : 2775721     EISSN : 30259657     DOI : https://doi.org/10.21776/warkat
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Warkat is open access, double-blind peer-reviewed journal of Notary Science published by the Faculty of Law, Universitas Brawijaya biannual in June and December. Warkat is a forum for lecturers, researchers, and practitioners to publish research results or book review results. Realizing the global challenges and ever-increasing legal interaction among developing countries, Warkat also welcomes articles on legal development in the ASEAN region and the larger Global South. Warkat has a broad scope related to notarial science. Examples include civil law, criminal law, constitutional law, state administrative law, international law, Islamic law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2022): Juni" : 5 Documents clear
Pergulatan Mazhab Hukum dalam Pengadaan Tanah Milik Masyarakat Adat untuk Kepentingan Umum: The Struggle of Legal Schools in Procuring Land Owned by Indigenous Peoples for Public Interest Kukuh Tejomurti; Denie Amiruddin; Andi Sasongko; Imam Sukadi
Warkat Vol. 2 No. 1 (2022): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n1.1

Abstract

In the discourse on land acquisition for development in the public interest, problems often arise regarding the amount of compensation to land rights holders. The problem becomes even more widespread when the land acquired intersects with and originates from customary land. This article aims to provide an elaboration of thoughts from a philosophical perspective on law and justice, especially on positive legal formalism in the implementation of land acquisition belonging to customary law communities in Indonesia. The research used in this article is normative legal research using a legislative approach, a conceptual approach and a case approach. The legal materials used are primary legal materials and secondary materials which are connected with schools of legal philosophy, such as the Natural Law School, Legal Positivism, and the Historical School. The research results show that the sharp gap between the legal positivism school and the historical legal school lies in the sources and forms of law. If legal positivism prioritizes formal forms and the authoritative institutions that create them, then the historical legal school states that laws are not made but are found in society. Sociological Jurisprudence describes a "middle way" to bridge the flow of historical law in traditional law communities whose existence is respected in the formation of law to provide just legal certainty. In the context of Indonesia, which has a civil law tradition, we can consider the formation of legislation as an important component for the social engineering process. Therefore, laws and regulations related to land acquisition should involve indigenous communities in the formation process because most of Indonesia's territory is still customary territory/land in the form of fields, forests, and so on.
Konflik Norma Kewenangan Pembuatan Akta yang Berkaitan dengan Pertanahan: Conflict of Norms for the Authority to Make Deeds Relating to Land Andreasari, Letizia Dessy
WARKAT Vol. 2 No. 1 (2022): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n1.2

Abstract

The authority of Notaries and Land Deed Officials in making land deeds is still conflicting (conflict of norms). Land deeds made by Notaries based on Article 15 paragraph (2) UUJN were rejected by the National Land Agency (BPN) on the grounds that the deeds were under the authority of the Land Deed Making Official. BPN insists that the authority to make land deeds is the authority of Land Deed Making Officials based on Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Making Officials which are implementing regulations of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. On the other hand, if it is based on the provisions of the Notary Position Regulations (PJN) according to Article 1 Staatblad 1860 Number 3, the official appointed to make deeds of transfer and assignment of land rights is a Notary. These two things make the notary's authority and the PPAT's authority in making deeds related to land become disharmonious and ultimately result in conflicting norms. Resolving the legal disharmony in regulating the authority of Notaries and PPATs in making land deeds can be carried out based on the principle of lex superiori derogate lex inferiori as in legal theory (Preference Theory). There needs to be harmonization of these two norms by creating a PPAT Law so that the positions of Notaries and PPATs are equal and also that PPAT deed products become authentic because they fulfill the elements of Article 1868 BW, namely the form of the deed is regulated in the Law.
Hubungan Antara Tingkat Pendapatan Masyarakat dengan Kejahatan Penyerobotan Tanah Negara dan Kerusakan Hutan di Kelurahan Manutapen Kecamatan Alak Kota Kupang: The Relationship Between Community Income Levels and Crimes of Invading State Land and Forest Damage in Manutapen Village, Alak District, Kupang City Charles Banoet; Fransina Pattiruhu
Warkat Vol. 2 No. 1 (2022): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n1.3

Abstract

Land is a gift from God Almighty to mankind on earth. Tanak raids, whether intentional or unintentional, in Indonesia in general and especially in Kupang City, NTT, specifically in Manutapen Village, Alak District, also attract the attention of many people. Specifically related to cases of state land grabbing that occurred in the teak forest area in Manutapen Subdistrict, historically this has occurred since 1985. Weak supervision from the relevant agencies that have a direct interest in state forest areas, is one of the factors that causes/triggers cases of state land grabbing. which has an impact on environmental damage to the forest (teak) area in Manutapen Village, Alak District, Kupang City.
Urgensi Analisis Kelayakan Sebagai Mitigasi Risiko dalam Menjaga Tingkat Kesehatan Penyelenggara LPMUBTI: The Urgency of Feasibility Analysis as Risk Mitigation in Maintaining the Health Level of LPMUBTI Organizers Meidiana Indah Lestari; Reka Dewantara; Ranitya Ganindha
Warkat Vol. 2 No. 1 (2022): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n1.5

Abstract

Fintech Peer to Peer Lending or Information Technology Based Money Lending and Borrowing Service (LPMUBTI) which brings together loan recipients (borrowers) with lenders (lenders) directly through a provider platform, apart from providing convenience for the public, can also provide risks, especially the risk of default, so it is needed mitigating risks in the event of payment default. In the Financial Services Authority Regulation Number 77/POJK.01/2016, it regulates risk mitigation obligations that must be carried out by administrators, but there are no specific risk mitigation aspects. There are no risk mitigation arrangements in the form of loan recipient eligibility analysis. Until now, standards regarding analysis have not been set. eligibility of loan recipients in LPMUBTI. Referring to the problem formulation and objectives of this research, the author uses three types of approaches, including, namely, the statutory approach, the analytical approach, and the conceptual approach. The legal materials used in this research are primary legal materials and secondary legal materials obtained by researchers and then analyzed using descriptive techniques and evaluation techniques. From the results of the review according to the problem definition and techniques described above, LPMUBTI organizers can minimize payment defaults that occur in order to provide protection for lenders who have funds and maintain the health level of LPMUBTI organizers. The conceptualization of the loan recipient eligibility analysis arrangements refers to POJK Number 42/POJK.03/2017 which regulates debtor eligibility analysis in banks, in this case the bank and LPMUBTI have the same risk of default, money lending and borrowing system, the object of money as an agreement and function. intermediation.
Perlindungan Hukum Terhadap Pekerja atas Upah yang Terlambat Dibayarkan: Tinjauan Hukum atas Penerapan Teori Keadilan: Legal Protection for Workers for Late Payment of Wages: Legal Review of the Application of the Theory of Justice Andi Sri Rezky Wulandari; Mira Nila Kusuma Dewi; Andi Rahmah
Warkat Vol. 2 No. 1 (2022): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n1.4

Abstract

Wages have always been an issue that creates confusion between workers and employers as employers, which will continue to be a long-lasting problem if not handled properly. It is hoped that legal arrangements will be formed that will at least reduce the unequal interests between the two which gradually give rise to disharmony. Throughout labor history, the payment of workers' wages, which is a worker's right, has always given rise to problems, even though wages are the basis for meeting the needs of life and family. The purpose of this writing is to analyze and examine legal protection for workers for late payment of wages based on John Rawls's Theory of Justice. The research used is normative legal research with a statutory regulation approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The results of this research show that work agreements protect workers against late payment of wages. The legal implications of workers' wages being paid late are (1) giving rise to industrial relations disputes; (2) The principle of justice is not realized in employment relations; (3) Injuring workers' welfare. Meanwhile, preventive efforts that must be taken to prevent workers' wages from being paid late are through optimizing the guidance and supervision of the implementation of harmonious employment relations with statutory regulations.

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