JURNAL ILMIAH LIVING LAW

Effectiveness Of Electronically Integrated Business Perizances Through Online Single Submission (OSS) In Bogor District

Adhi Nugraha — 2023-11-17

The government was trying to create an optimal service system to meet the needs of the community in managing permits, namely by implementing OSS. This system was built by implementing electronically integrated business licensing and enhanced by the implementation of the OSS Risk Based Approach (RBA) in 2021. The purpose of this study was to determine and analyze the effectiveness of electronically integrated business licensing through Online Single Submission ( OSS ) in Bogor Regency. This research used sociological juridical research methods, with data collection techniques through literature research and field research by conducting interviews. To measure the effectiveness of law enforcement using an approach according to Soerjono Soekanto which is determined by 5 ( five ) factors, namely: the legal factor itself; law enforcement factors; facilities factors; societal factors, and cultural factors. The results of the study found that OSS in Bogor Regency has been implemented since 2018. Such is the case with the RBA OSS which can be implemented in August 2021. The regulations needed in the implementation of OSS in Bogor Regency were quite available, the Human Resources were competent, the facilities were adequate, the community was open to electronic services, and the community's digital literacy culture was quite good. Based on the evaluation of 5 (five ) factors that affect law enforcement, it can be concluded that OSS can be implemented effectively in Bogor Regency. Responding to the development of civilization globally and towards a golden Indonesia in 2045, OSS was a bridge process in realizing it all. The researcher suggested that the weaknesses and shortcomings in the RBA OSS should be immediately responded to by the Ministry of Investment / BKPM. The local government immediately prepares an internet network so that there are no blank spot areas, socialization is further intensified, and the required bylaws and regulations are immediately issued.

Private Participation in the Management of Water Resources According to Law Number 17 of 2019 concerning Water Resources

Arafat Nasrulloh Musthofa — 2023-11-20

Water is a primary human need that God has given to all His creatures. Water is a source of needs and fulfillment of many people's needs. The management of water resources is held by the government to be used for the welfare of citizens according to the mandate of the 1945 Constitution. The research objectives are as follows: 1. To find out and analyze the tasks of the central government in dividing the management of natural resources both for the community and for private companies. 2. To find out and analyze the role of the private sector in water resources according to Law no. 17/2019 concerning Water Resources. The method is normative juridical study with qualitative approach using primary and secondary data. The results of the research are that water resources management involves various parties which often conflict and cause conflict. Therefore, good coordination is needed to unite the interests of the community and the government to produce an effective and efficient formulation of water resources management. The government plays a very important role in managing water resources so that all people get clean water in a fair and equitable manner to meet their daily needs.

Keywords : Private, Management, Water

Evidence of Suspicion in Civil Procedure Law

Nafis Dwi Kartiko — 2023-12-14

This study aims to dig deeper into the role of prejudice in the civil law system in Indonesia, by focusing on its definition, types, and impact on judges' decisions. This study specifically discusses the use of suspicion in Decision Number 10/Pdt.G/2018/PN. End, as a case that marks the importance of the role of allegations in resolving civil law disputes. Using normative juridical methods, this study elaborates and examines allegations based on provisions in Burgerlijk Wetboek and HIR, as well as paying attention to secondary legal materials to enrich discussion and analysis of related judicial practices. The findings of this study confirm that the allegation not only acts as prima facie evidence but also reverses the burden of proof that must be borne by those who deny it. This is evidenced by an analysis of the role of allegations in the case that is the focus of the study, showing that the judge has the flexibility to formulate allegations from the facts proven at trial. However, the allegation must meet the criteria set out in Article 173 HIR and Article 1922 of the Civil Code to be considered valid and adequate as evidence.

Optimization Of E-Litigation-Based Trial Implementation As A Strategy To Prevent Bribery And Gratification (Comparatory Study Of E-Litigation Implementation In Malaysia And Singapore)

Juliani Paramitha Yoesuf — 2024-01-07

The E-Court system in Indonesia is an embodiment of the principles of simple, fast and low-cost justice, as well as technological transformation in the case administration system in court. The E-Court system has been running in all courts in Indonesia since 2018, then in 2019 the Supreme Court implemented the E-Litigation system, namely electronic-based trials and the arrangements continue to be refined, especially with the issuance of Supreme Court Regulation Number 7 of 2022 concerning Amendments to Supreme Court Regulation Number 1 2019 concerning Electronic Administration of Cases and Trials in Court. By implementing E-Litigation, apart from making trials easier and saving time, it will of course also reduce the intensity of meetings with the parties so that bribery and gratification do not occur in the judicial environment. Seeing that the implementation of the electronic trial system in Indonesia is still relatively new, it is necessary to compare with other countries such as Malaysia (2011) and Singapore (2015) which first implemented both E-Court and E-Litigation to see what things need to be optimized in implementation of an electronic trial system so that it can prevent the practice of bribery and gratification. The research methodology used in this research is normative-empirical legal research. The problems to be studied are: 1) What is the trial mechanism through the E-litigation system in Indonesia, Malaysia and Singapore? 2) How to optimize the implementation of e-litigation based trials in reducing bribery and gratification?

Legal Protection For Printing Workers Who Earn Wages Below The Regency Minimum Wage (Case Study In Telang Village, Bangkalan Regency)

Makruf Makruf — 2024-01-07

This research contains harmonious industrial relations between two legal subjects, namely workers and entrepreneurs (employers), which involve the wage system, including work agreements and rights, as well as the obligations of the two legal subjects. In practice, workers often face unfair treatment in employment contracts due to a lack of attention and understanding of the law. Through a Governor's Decree, the provincial minimum wage and district/city minimum wage are determined as wage standards. However, there are still many printing entrepreneurs in Bangkalan Regency who do not meet the UMK requirements in terms of providing wages to workers. This has a negative impact on meeting workers' livelihood needs. It is important to focus on setting fair wages and legal protection for workers. Researchers use empirical legal research methods, which is a research method used to examine the legal bases that apply to actual situations in society. Samples were taken from several strategic printing points including Fix Print, ACC and KOPMA. Even though working time protection is in accordance with the Employment Law, the work agreements entered into by the three printers do not provide other legal protections such as wages, occupational safety and health and worker welfare. Regarding the decision factor to endure below standard wages, it is a personal decision that must be taken by each worker, including economic factors, comfort, security and uncertainty before making a decision.

Seize Of Life And Human Rights And Discrimination Against Asians And Black People In The United States From A Criminal Law Perspective International

Indira Putri Elharisa Kirana — 2024-01-07

The author’s aim in taking the title of this research is to provide a general explanation regarding racism which include an international criminal law. However, implementation for certain racial groups has not been fully implemented. We can see this from the existence of racism carried out on citizens in the united states toward the African-American race and the Asian race. Justice for those with dark skin and Asians has not been realized until now, many of them have experienced injustice through racially motivated attacks, resulting in the death of individuals and groups. The application of legal rules and legal protection from the united nations for Asians and black people has not yet been fully paid attention to in the united states, this is proven by the case of George Floyd’s death.

Effectiveness Of Village Fund Budget Management On Development To Realize Sustainable Development During The Covid-19 Pandemic

Suwari Akhmaddhian — 2024-01-07

Tujuan penelitian ini untuk mengkaji bagaimana Pengaturan Pengelolaan Anggaran Dana Desa Terhadap Pembangunan Guna Mewujudkan Pembangunan Berkelanjutan berdasarkan Undang-Undang Nomor 6 tahun 2014 tentang Desa serta Mengkaji faktor-faktor apa saja yang menghambat Efektivitas Pengelolaan Anggaran Dana Desa Terhadap Pembangunan Guna Mewujudkan Pembangunan Berkelanjutan. Metode penelitian yang digunakan adalah pendekatan yuridis empiris dengan menggunakan data hukum primer, data hukum sekunder dan data hukum tersier serta alat pengumpul data yang digunakan yaitu melalui observasi atau terjun langsung kelapangan, wawancara dan kepustakaan. Hasil penelitian ini adalah berdasarkan kajian dari Undang-Undang Dasar Republik Indonesia 1945, Undang-Undang Republik Indonesia Nomor 6 Tahun 2014 tentang Desa, dan Peraturan Presiden Nomor 59 Tahun 2017 tentang Pelaksanaan Pencapaian Tujuan Pembangunan Berkelanjutan. Bahwa dalam hal pembangunan tersebut memang desa di kabupaten kuningan sudah sangat baik dan insfatruktur fasilitas desa sudah sangat baik. Strategi pembangunan yang dilakukan oleh pemerintah saat ini mengatasi ketimpangan pembangunan yaitu untuk melaksanakan pembangunan nasional yang berorientasi dan memberi perhatian besar terhadap pembangunan desa. Penghambat berjalannya pembangunan desa untuk tahun 2020-2021 ini adalah Covid-19 sehingga tertundanya visi misi yang telah dibuat desa untuk pembangunan, baik dari segi perbaikan jalan atau pun fasilitas desa lainnya

Aanknopingspunten Between Civil Law and Islamic Law In The Utilization Of Wakf Land For The Interests Of Wakf Land Productivity

Nova Monaya — 2024-01-22

The aim of this research is to find solutions to legal problems or conflicts that have never been resolved between productivity and users of waqf land, namely with new ideas about land obtained from building buildings on waqf land by conducting a comparative study in Saudi Arabia. The method used in writing is the library method, namely research used to collect information and data with the help of various materials available in the library, with data collection techniques by reviewing books, journals, literature, notes, and several reports related to the problem you want. solved. Data were analyzed and presented descriptively. The results of the research, namely Aanknopingspunten between civil law and Islamic law in the use of waqf land for the purposes of waqf land productivity, can provide a solution to the rigidity of waqf land which prohibits it from being sold, gifted or inherited and guaranteed, so that waqf land does not become abandoned land because it has been managed in an appropriate manner. fairness.

Keywords : Aanknopingspunten, Islamic Law, Civil Law, Waqf Land