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All Journal Jurnal Ilmiah Hukum dan Dinamika Masyarakat Kanun: Jurnal Ilmu Hukum
M. Hadyan Yunhas Purba
Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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PENYELESAIAN SENGKETA ALTERNATIF SEBAGAI SALAH SATU PILIHAN DALAM PENYELESAIAN SENGKETA DAGANG INTERNASIONAL tengku dwi gita cahyani; m. hadyan yunhas purba
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 21, No 1 (2023): HUKUM DAN DINAMIKA MASYARAKAT
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/hdm.v21i1.3775

Abstract

ABSTRACTDisputes are a common thing to happen, so the settlement must also benefit both parties. Alternative dispute resolution or Alternative Dispute Resolution (ADR) is an option in solving the problems of the parties in the field of international trade. This settlement is carried out by means of choice of law and choice of jurisdiction which is stated in the contract clause. Prior to the arbitration stage, dispute resolution begins with negotiations first. However, the implementation of the execution is a bit difficult, because sometimes some parties do not want to carry out the award from the arbitration, so it is quite time-consuming and labor-intensive to return the matter to court. For this reason, when making contract clauses, there must be self-awareness to carry out decisions if a dispute does occur in international trade. As an example of alternative dispute resolution by Indonesia is regarding the Indonesia-Japan National Car Dispute, the point of the problem is where Japan feels that Indonesia is doing injustice to the automotive industry which at that time cut the cost of tax duties for national cars, even though Japan has a large target market in Indonesia. in the automotive case, this lawsuit was brought to International Arbitration and the lawsuit was won by Japan. Furthermore, it is explained how the procedure for resolving disputes and how alternative dispute resolution is an option in resolving international trade disputes. The research method in this journal uses a normative juridical qualitative method that conducts research on existing theories.Keywords: Disputes, International Trade, Arbitration
LAND ACQUISITION FOR PUBLIC INTERESTS DEVELOPMENT: A HUMAN RIGHTS REVIEW M. Hadyan Yunhas Purba; Siti Nurahmi Nasution; Eva Syahfitri Nasution
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.26760

Abstract

 Law Number 2 of 2012 states that the acquisition of land for public interests must be accompanied by adequate and fair compensation, as well as the protection and respect of human rights. However, the construction of the Tebing-Tinggi - Kuala Tanjung Toll Road in Sipare-pare and Pasar Lapan Villages, Air Putih Subdistrict, Batu Bara Regency, Indonesia, exemplifies how compensation is frequently unfair. This study seeks to determine the suitability of implementing land acquisition using current laws and regulations. The primary data is gathered through interviews with landowners and the Regional Office of the National Land Agency of the Province of North Sumatra. While secondary data are gathered via literature and legal research. The results revealed that the provided compensation did not meet the requirements of Law No. 2/2012, prompting the public to file an objection with the Kisaran District Court.
Co-Authors Eva Syahfitri Nasution, Eva Syahfitri Siti Nurahmi Nasution tengku dwi gita cahyani