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Journal : Journal of the Community Development in Asia

Competency Standards for Law Enforcement Officials in Land Disputes Resolution Through General Court in Indonesia Rielly Lontoh; Ronny A. Maramis; J. Ronald Mawuntu; Abdurrahman Konoras
Journal of the Community Development in Asia (JCDA) Vol 4, No 3 (2021): Journal of The Community Development in Asia (JCDA)
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.67 KB) | DOI: 10.32535/jcda.v4i3.1177

Abstract

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.
The Principle of Justice and Its Relevance to The Position of The Debtor in The Execution of Fiduciary Guarantees Yulia Vera Momuat; Ronny A. Maramis; Wulanmas A. P. G. Frederik; Merry E. Kalalo
Journal of The Community Development in Asia Vol 6, No 3 (2023): Journal of The Community Development in Asia (JCDA)
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v6i3.2503

Abstract

In a contractual relationship, justice means assuring equality in the rights and obligations of parties in an agreement. This study analyzes the nature of justice regarding the position of debtors and creditors in a fiduciary guarantee agreement. The research method used for this study is the normative legal research method. The results of the study show that the nature of justice is important in a fiduciary guarantee agreement, particularly for the fair treatment of debtors and creditors. Justice must be appropriately applied to not harm the debtor and violate their rights. However, creditors also have a right to security over the credit provided; therefore, justice must be applied proportionally and transparently during each stage of the execution of fiduciary security. Due to this, it is important to determine the requirements and consequences of a breach of the debtor's obligations. Additionally, the principle of justice is also related to recognizing the debtor's rights to defend their interests and maintaining a balance between the rights of the debtor and the creditor. In conclusion, justice is an important principle in ensuring the execution of fiduciary guarantee agreements fairly and avoiding abuse or injustice in the process