Perspektif

157-167

Authors: Hilman Syahrial Haq, Hamdi

Merariq is a customary law of marriage in Sasak society, this Merariq turned out to potentially create conflict that is commonly ended up with a dispute. The reason is because it begins with the events of rob (steal) on the consent of the girl approval from the power of her parents. The rob (steal) be done as a form of chivalry of the man’s seriousness marrying the girl. But amid that weakness, Merariq has provided an alternative dispute settlement by the process of negotiation between the representatives of the prospective groom to the bride family, which are termed selabar to agree on payment ajikrame and pisuke towards peaceful relationship between the parties.

188-198

Authors: Urip Santoso

Acquisition of land for public purpose can be reached through land acquisition. Land acquisition for public interest require the approval of the party entiled. There fore, the party entiled to not be willing to give up their land rights, the dispute arises between agencies that require land and beneficiaries. The nature of the dispute in the procurement of land for public purposes is dispute administrative and civil disputes. Settlement of disputes in land acquisition for public purposes pursued through consultation between the agencies that require land and the party entiled to, claim, or objection to the court.

211-219

Authors: Hanung Widjangkoro

Registration of land held in order to ensure legal certainty. In terms of doing the law to transfer a land rights should be conducted in the presence of a Notary Public or a Land Deed Official aiming to obtain the strength of evidence that are legitimate and made with authentic deed. Especially for the certified lands in the process of transfer of these rights must be carried out in the presence of the Land Deed Official, in the implementation of transitional land rights with the Grant Agreement/Engagements grants. In making the grant agreement is often included absolute power is a preliminary agreement that is commonly found in practice Notary. Absolute power contained in the grant agreement as a follow up of a preliminary agreement in the turnover of land rights can still be enacted to safeguard the interests of the parties can be fulfilled until the transition process is completed the land rights.

83-96

Authors: Muhammad Ilham Arisaputra

In essence, the purpose of the implementation of agrarian reformis to improve the welfare of the poor peasants. Agrarian reformis not only understood as a policy for there distribution of land, but also as abroader process such as access to natural resources, financial/capital, technology, goods and labor markets, and also the distribution of political power. Equitable distribution of land tenureinrural areas as a result of agrarian reform will result in an increase in the welfare of the villagers who are generally small farmers or farm laborers. Agrarian reform plays an important role in the fight against ruralpoverty. The main target of the agrarian reformis the creation of social justice that is characterized by the presence of agrarian justice.

105-112

Authors: Gabrielia Febrianty Shofiana

Corruption case in Indonesia has been growing rapidly, therefore it needs big efforts to eradicate and prevent corruption, such as establishment of Corruption Eradication Commission (KPK) and the enactment of Law No. 31 Year 1999 as amended by Law No. 20 Year 2001 (Anti-Corruption Law). Corruption itself, as regulated in Article 2 and 3 Anti-Corruption Law, consists of some main elementswhose subject is anyone.The illegal act must exist which aims to enrich themselves and should create loss of state finance or economy. The efficiency of Anti-Corruption Law can be seen by how every article can be fully and properly fulfilled. Only authorized legal entities can determine state finance loss as one of corruption elements. Then, the problems emerge from the legal entity which actually has authority to determine state finance loss, yet if the fulfillment element of state finance loss is not discovered, it means that the corruption suspected cannot be charged. Supreme Audit Board (BPK/SAB) and Finance & Development Supervisory Board (BPKP/FDSB) are legal entities which have authority to conduct audit investigation. This study, by using normative-empirical research method, will discuss whether both or only one of those state agencies have authority to determine state finance loss.

125-134

Authors: Arif Rohman

Many opinions said that method of using statistics on crime is only viewed as tables and figures. It is necessary to understand how to process those data in order to arise assumptions of crime rate in an area. This study used empirical method. The data consists of primary and secondary data. Result of the research showed that trend of crime statistics occurred in region trends to decrease because of the influence of population growth, while the number of perpetrators are fluctuative. It is suggested for legal authority officials to make a policy ranging from level of investigation to convict nurture.

149-156

Authors: Prehantoro

Common seizure of debtors wealth, as a Franchisor that caused of bankrupt will not have an implication of Franchise contract cancellation, if in the related contract has a clause that the Franchise contract will be continued even if debtors is bankrupt. If that clause was not written in the related Franchise contract, then the Franchisee law protection shall born through application to the curator from Franchisor, to continue the Franchisee contract. Otherwise the Franchisee might ask for compensation as a concurrent creditor.

1-10

Authors: Agus Suwandono

Enforcement of the Act No. 21 Year 2011 on the Financial Services Authority (UUOJK) brings hope and legal certainty for consumer protection in the financial service sector in Indonesia. However, there has been a regulation on consumer protection, namely in Law No. 8 of 1999 on Consumer Protection (UUPK) before the enactment of UUOJK. The scope of UUPK regulation also basically includes consumer protection in the financial service sector which are banking, finance and insurance institutions. This study is a normative legal research which studies library materials or secondary data. The study is analytical descriptive that uses normative methods. Based on the results and discussion, it is concluded that regulation of consumer protection in the financial service sector written in UUOJK is basically special rules governing consumer protection in the financial service sector. However, UUPK is generally not a lex generalis of UUOJK due to different definition of consumer in UUPK and UUOJK. In the case of term consumer according to UUPK, UUOJK can be regarded as lex specialis of UUPK.

23-33

Authors: Teguh Prasetyo

The law has always been around to overcome evil and restore justice. The urgency of the ever presence of law in handling mining crime activities could be seen in the 1945 Constitution of the Republic of Indonesia, Article 33 Section 3. It is stipulated that land, water and wealth of it’s natural resources are in the possession of the State and used for the utmost welfare of the people. The Dignified Justice has potrayed, described and particularly explained how the law exists to overcome crimes and offences or injustices which always threaten the mining industries. Among other things, one of the examples ofthe Dignified Justice Theory describes how the law plays it’s role to prevent and solve crimes in the Pancasila Legal System which is in the Law number 4/2009 on Minerals and Coals Mining. The details on the types of crimes and offences on the mining field and all the legal efforts to overcome those injustices might be found in the Articles of 158 to 165 of the Law number 4/2009 on Minerals and Coals Mining.

48-59

Authors: Firman Floranta Adonara

The existence of assurance, order and legal protection that is based on truth and justice has been the principle of constitutional state (rechtstaat). It requires the state to provide fair recognition, security, protection, legal certainty and equal treatment of law to its citizens. One of state services to its people is providing them opportunity to obtain proof or legal documents pertaining to civil law. For those purposes, officials known as public notary handles the proof or documents. Minuta of the deed establishment belongs to state that must be kept until the unspecified time limit. A notary sometimes deals with legal issues in carrying out his duties although has been cautious with legislation. The legal issues may bring the notary to stage of investigation by law enforcement officials, whether dealing with investigator, prosecutor, or judge, where it is necessary for the judicial process. UUJN has regarded notary as a public official who runs the legal profession and they should get legal protection because notary is regarded as professional job not as personal.

70-82

Authors: Shanti Wulandari

To set up a foundation and hide behind the status of foundation legal entities, which is not only used as means to develop social, religious, humanitarian activities but also to enrich the Founders, Administrators, and Supervisors themselves is considered as institutional abuse. Many problems also arise in line with the tendency, either issues related to the Foundation’s activities deviating from the purposes and objectives as listed in the Articles of Association, disputes between the Administrators with Founders or other parties, or allegations stating that the foundation is used to accommodate the wealth coming from the founders or others obtained unlawfully. The problem cannot be resolved legally for the inadequate understanding and knowledge from the public on the existence of positive law regarding the Foundation as its juridical basis of settlement. Besides, it is vitally required that the educational foundation possess supervisory agencies toward its establishment and operation.