ORIGINAL RESEARCH ARTICLE | Aug. 2, 2024
Reconstruction of Artificial Islands Regulations in International Law to Realize Territorial Jurisdiction
Aninditya Gita Kireina Persada, Lazarus Tri Setyawanta, Sri Kusriyah
Page no 291-296 |
DOI: 10.36348/sijlcj.2024.v07i08.001
This research analyzes the weaknesses of The Artificial Islands Regulations In International Law To Realize Territorial Jurisdiction currently and how to reconstruct the law Based On Justice Value in a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the legal concept of artificial islands has been included in UNCLOS 1982 as a basic framework, although there are gaps and ambiguities in the existing regulations regarding artificial islands. Every country has the right to monopolize the construction of artificial islands and can explore and exploit all natural resources in its territory. However, countries that create artificial islands in accordance with their national interests and consider the status of artificial islands as legally valid artificial islands have caused many conflicts that have an impact on the sovereignty and jurisdiction of the country. This happens because there is still no detailed legal definition and regulation in UNCLOS 1982. Therefore, the reconstruction of regulations regarding artificial islands in international law needs to be carried out so that the determination of the status and criteria for the status of artificial islands can classify the rights and obligations of countries to determine the sovereignty of the country on artificial islands and jurisdiction over artificial islands in their country.
ORIGINAL RESEARCH ARTICLE | Aug. 2, 2024
Legal Reconstruction of Grondkaart as Ownership Evidence of Land Asset of Pt. Kereta Api Indonesia in the Inventory Process in Operation Area V of Purwokerto Based on Justice Values
Sugeng Nugroho, Gunarto, Jawade Hafidz
Page no 297-302 |
DOI: 10.36348/sijlcj.2024.v07i08.002
This research analyzes the weaknesses of The Grondkaart Regulation As Ownership Evidence Of Land Asset Of Pt. Kereta Api Indonesia In The Inventory Process In Operation Area V Of Purwokerto in Indonesia currently and how to reconstruct the law Based On Justice Value in a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the weaknesses of the Grondkaart regulation as evidence of ownership of land assets of PT. Kereta Api Indonesia in the inventory process in the operation area V of Purwokerto currently is in regard of the Types of Land Rights. According to the perspective of the various aspects of Land Rights, there are several periods of conflict between the principle of actual transfer and the principle of legal transfer, the Aspect of Government Capital Participation in the Form of Land to BUMN, Article 8 of PP Number 20 of 2021 concerning the Regulation of Abandoned Areas and Land makes the grandkaard object one of the objects of the regulation of abandoned land. Therefore the Reconstruction of the law must be done through the Construction of the dronkaart Regulation as evidence in the inventory of PT. Kereta Api Indonesia Operation area V of Purwokerto assets are based on the Pancasila justice value in addition to being in accordance with religious values, divine values, justice values, and humanitarian values contained in the philosophy of the State of Indonesia. and the reconstruction proposed was namely Article 8 of PP RI Number 20 of 2021 concerning the Regulation of Abandoned Areas and Land so that Article 8 becomes Land Management Rights that are excluded from the object of regulation of Abandoned Land including: a. land Management Rights of customary law communities; b. Rights to Grondkaart Land; and c. land Management Rights that are Land Bank Assets.
ORIGINAL RESEARCH ARTICLE | Aug. 6, 2024
Determination of Land Identified as Abandoned for Legal Security of Land Right Holders in Southeast Sulawesi
Heryanti, Nur Intan, Sahrina Safiuddin, Jumiati Ukkas, Ramadan Tabiu, Wa Ode Zuliarti, Rizal Muchtasar
Page no 303-309 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i08.003
The aim of the research is to identify land that can be designated as abandoned land and analyze the form of management that can be carried out on land that has been designated as abandoned land so that it has useful value. The method used in this research is a qualitative descriptive research type with an empirical normative approach using secondary data through descriptive study and analysis of statutory regulations and related literature. The land rights that are the object of abandoned land are land ownership rights, building use rights, business use rights, use rights, management rights, and land obtained based on the basis of land control. These rights lands have criteria to be identified as abandoned land, namely Freehold land becomes the object of control over Abandoned Land if it is intentionally not used, not exploited, and/or not maintained so that: a) it is controlled by the community and becomes a village area; b) controlled by another party continuously for 20 (twenty) years without any legal relationship with the Rights Holder; or the social function of Land Rights is not fulfilled, whether the Rights Holder still exists or no longer exists. Land with building use rights, use rights and management rights becomes the object of control over abandoned land if it is intentionally not cultivated, not used, not exploited and/or not maintained starting 2 (two) years from the issuance of the rights. Then land with land use rights becomes the object of controlling abandoned land if it is intentionally not cultivated, not used, and/or not exploited starting from 2 (two) years from the issuance of the right. And land obtained based on the Land Tenure Basis becomes the object of controlling abandoned land if it is intentionally not cultivated, no used, not used, and/or not maintained starting from 2 (two) years from the issuance of the Basic Land Control. Management of abandoned land that has been designated as State land is carried out through the utilization of abandoned land. Article 35 of PP Number 20 of 2021 regulates that the utilization of TCUN is intended for agricultural and non-agricultural purposes in the interests of society and the State. Utilization of abandoned land through agrarian reform, national strategic projects, land banks and other state reserves.
ORIGINAL RESEARCH ARTICLE | Aug. 10, 2024
Legal Consequences of Occupational Accidents in the Construction Industry a Criminal Law Perspective
Eko Suliyanto, Hambali, Sami’an, A.H. Asari Taufiqurrohman, Aulia
Page no 310-315 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i08.004
The increasing number of accidents and losses due to work accidents, as well as potential hazards in the production process, require effective, comprehensive, and integrated Occupational Safety Management in the management of the company. Work accidents are often caused by unsafe activities, which can be caused by lack of knowledge and skills, physical disabilities, fatigue, and unsafe attitudes and behaviors. This study uses normative legal research methods with a statutory approach and a case-based approach. Sources of legal materials used include primary, secondary, and tertiary legal materials. The results showed that corporate crimes, including criminal liability of negligent companies in managing worker safety, can result in the loss of workers ' lives. The government has very little control over the implementation of occupational safety laws, and companies are still minimal in capital to improve K3 services for employees. In addition, the lack of publications and information on Occupational Safety and health, especially in rural communities, contributes to the aggravation of this condition.
ORIGINAL RESEARCH ARTICLE | Aug. 10, 2024
Legal and Financial Risk Management in Large-Scale Construction Projects
Niniek Lannyati, Ayuningtyas Pratita Sarwono, Sami’an, Taufiq, Achmad Soeharto
Page no 316-322 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i08.005
Construction projects involve many parties and experts such as builders, contractors, designers, and consultants, which causes project arrangements to be complicated with many risks and uncertainties, including legal and financial risks. Legal risks include aspects of contracts, permits, certificates, claims, lawsuits, and sanctions. Conflicts or disputes can arise due to legal risks, which can lead to cost overruns and delays in project schedules. The project manager must be able to mitigate these risks in order to achieve the project objectives. This study uses descriptive qualitative and descriptive analytical methods to provide a detailed description of the research problem. The results showed that the risks adversely affect the legal aspects of construction, time, cost, and quality of the project. Legal risks in construction projects can arise due to several reasons, namely problems with documents and contract articles, lawsuits from third parties, and problems in acquiring project land. Good risk management is required to improve project efficiency, and project performance is improved when the organization can create a high fit between risk exposure and risk management profile.
ORIGINAL RESEARCH ARTICLE | Aug. 16, 2024
Legal Reconstruction of Consumer Protection for Users of Information Technology-Based Funding Services Based on Justice Value
Triana Justitia Mahardeka, Adi Sulistiyono, Sri Kusriyah
Page no 323-328 |
DOI: https://doi.org/10.36348/sijlcj.2024.v07i08.006
This research analyzes the weaknesses of the consumer protection for users of information technology-based funding services in indonesia currently and how to reconstruct the law based on justice value in a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the the weaknesses of the Regulation of the Financial Services authority of the Republic of Indonesia Number: 10/POJK.05/2022 concerning Information Technology-Based funding Services and Reconstruction of improvements to the policy of POJK Regulation Number 10/POJK.05/2022 with the contents of SE OJK No.19/SEOJK.06/2023 and emphasize the requirements for the analysis of organizers to pay attention to the ability to pay as seen from evidence of the average consumer income to minimize default by being required to pass the SLIK data verification analysis and not exceeding 50% of the remaining income of prospective consumers. Therefore, the Reconstruction of POJK Regulations are in regard to the permission for online credit organizers to access consumer camera, location, and microphone applications that are only given when the consumer needs initial verification.
One form of natural resource in Indonesia is Oil and Natural Gas. The existence of the upstream oil and gas industry has a direct and indirect impact on regional development. Of several oil and gas-producing regions in Indonesia, Aceh is the only region that has special autonomy status. Are there differences in management arrangements and distribution of natural gas revenues from Aceh compared to other regions? How can oil and gas management provide greater benefits to Aceh? This research uses doctrinal or normative legal research, by examining library materials or secondary data. This research also uses primary data in the form of interviews with stakeholders. The result shows that the special autonomy granted to Aceh Province gives the regional government the authority to be involved in oil and gas management through the Aceh Oil and Gas Agency. However, as it turns out into practice, its duties and scope of authority are limited to monitoring implementation, acting as a regulator at the national level; hence, a direct role in the upstream oil and gas business process does not work and does not have a direct impact on increasing local revenue. Therefore, it is crucial to involve the region in direct oil and gas management in Aceh, in part or in whole, by giving the region the right to manage old wells.