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IMPLEMENTATION OF CSR IN BENGKULU AFTER THE ISSUANCE OF THE BENGKULU GOVERNOR'S DECREE NUMBER: P.127.DINSOS. OF 2018 CONCERNING THE ESTABLISHMENT OF THE CSR FORUM OF BENGKULU PROVINCE Difo Pradipta; Slamet Muljono; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

CSR is an element in improving people's welfare. Through the establishment of a CSR Forum which was established based on the Bengkulu Governor's Decree Number: P.127.Dinsos. In 2018 concerning the Establishment of the Bengkulu Province CSR Forum, the Regional Government seeks to increase the participation of every company in Bengkulu. However, the results have not been effective, this is because the formation of this forum was not accompanied by the authority and mechanism in the form of a Governor Regulation. Theimpact is that CSR implementation in Bengkulu Province is small and not focused. The problem in this research is how the implementation of CSR after the issuance of the Bengkulu Governor's Decree Number: P.127.Dinsos. 2018 concerning the Establishment of the Bengkulu Province CSR Forum and What Are the Obstacles in the implementation of the CSR forum. This type of research is empirical, data sources obtained from interviews, documents, as well as literature and legislation relevant to the research. The result of thisresearch is the finding of a 16% percentage of the participation rate of companies in Bengkulu, from a total of 196 companies in Bengkulu, only 33 companies registered by the CSR Forum have distributed CSR. The rest of this company never reported the distribution of CSR. This is very inconsistent with the Utilities Theory because large companies in Bengkulu Province have not contributed too much to the Environment and Society, and are still focused on Company Profits only. Furthermore, in the second discussion it was also conveyed that several obstacles were experienced by the CSR Forum, among others: The government has not yet embraced the forum in relation to companies, There is no Regulation on Implementation Mechanism in the Investment Law and the TDP Law, the Report Submission Mechanism is not Clearly, the absence of basic technical rules for implementing CSR reporting, absence of punishments and sanctions from the local government to companies for distributing CSR.

JURIDICAL REVIEW OF THE FACILITATION OF COMMUNITY PLANTATION DEVELOPMENT BY PLANTATION COMPANIES Lestariana Marwassari; M. Yamani; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

The government regulates the facilitation of community plantation development as much as 20% of the area of rights by plantation companies. This provision which is the obligation of the company was still not regulated in a clear and firm legal arrangement so that it created multiple interpretations in its application. Based on this matter, the writer was motivated to analyze the legal arrangements for the facilitation of community plantation development by plantation companies and the obstacles encountered in the implementation. The plantation company which was the focus of the research was PT. Pamor Ganda with Business Right (known as HGU in Indonesia abbreviation) Number 16/1989 by studying the HGU extension document. This was a normative research with a statutory approach. The method of analysis performed was content analysis, then the interpretation was carried out to understand the conclusions. The results showed that legal arrangements in the land sector, Micro, Small, Medium Enterprises (MSMEs), and plantations had not been able to solve the problems that exist in the implementation of facilitation of community plantation development by plantation companies. The company's obstacle was that the plasma farmers' plantation area around the companies’ plantation area had not been able to meet the 20% area requirement. While PT. Pamor Ganda had fulfilled its obligation to facilitate community plantation development by releasing its 114 hectare of HGU area.

THE ARRANGEMENT OF MODERN RETAIL INDUSTRY IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA Sandra Megayanti; Candra Irawan; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Indonesia is a state law that all aspects of life in the areas of society, nationality and state affairs including government affairs should be based on the law in accordance with the national legal system, not least in terms of the economy. Economy is the backbone of public welfare, while the law plays an important role that determines how the prosperity achieved and felt by the people. One of the industries that participate in contributing to the growth and development of the Indonesian economy is the modern retail industry. The existence of the modern retail industry as having two sides of a coin, which on the one hand its existence becomes an important part in the economy, one of them in terms of employment. However, on the other hand, the existence of the modern retail industry raises problems, one of which is the rise of this industry makes the small and medium businesses cannot compete. Nevertheless, the existence of modern retail is currently being faced with adverse situations, where there are a lot of modern retailers who had to close their shops in a number of places, in addition, the proliferation of online businesses also adds problems in the modern retail industry. This study aimed to analyze the arrangement of modern retail industry in the perspective of Indonesian positive law. In this case, researcher used a normative legal research methods with qualitative juridical analysis. In terms of setting, the existence of the modern retail industry has not been able to provide its effectiveness in achieving fairness, certainty and expediency. Currently, the setting of modern retail industry could be seen in some rules, such as Law No. 7 of 2014 About the Trade, Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition, Law No. 25 of 2007 on Investment, President Regulation No. 112 of 2007 on Planning and Development of Traditional Markets, Shopping Centers and Modern Stores, and Government Regulation No. 44 of 1997 concerning the Partnership. However, the implementation of these regulations have not been going well because there is no consistency in the process of administration of justice, both by governments and businessesactors.

THE LEGAL CERTAINTY OF CERTIFIED LAND WITHOUT OFFICIAL LAND DEED (PPAT) DOCUMENT IN PADANG JAYA SUB DISTRICT OF BENGKULU UTARA REGENCY Erwin Setyawan; Farida Fitriyah; Emelia Kontesa
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

This study aims to analyze and indentify the causes and factors affecting as well as the effect of Sales and Purchase of certified Land without Official Land Deed (PPAT) document in Padang Jaya sub district of Bengkulu Utara Regency. The research method used in this study was qualitative descriptive. Data collecting technique was empirical data from interview that have been conducted on September 13th to 20th, 2016. Data analysis used qualitative descriptive. The result of this study showed that the registration of land is not effective yet. The effective law in land registration depends on legal factor, law enforcement factor, infrastructures and facilities factor, society factor and cultural factor. While the factors affecting in implementation of law effectivity are constitutional factor and infrastructures and facilities factor. Overall it can be concluded that there is not law effectivity in Sales and Purchases of certified Land without PPAT document in Padang Jaya sub district of Bengkulu Utara Regency which needs legal protection and legal certainty in land registration.

TINJAUAN YURIDIS PENDAFTARAN HAK TANGGUNGAN DALAM PELAYANAN HAK TANGGUNGAN TERINTEGRASI SECARA ELEKTRONIK Jefri Guntoro; Emelia Kontesa; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Penelitian ini dilakukan untuk memperoleh gambaran tentang pendaftaran Hak Tanggungan secara elektronik yang telah diterbitkan Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 9 Tahun 2019 tidak semua proses pendaftaran HakTanggungan dilakukan secara elektronik. Metode Penelitian yang digunakan adalah metode penelitian hukum normatif. Sedangkan metode pengumpulan data yang digunakan adalah metode pendekatan undang-undang, konseptual dan historis. Hasil penelitian menunjukan bahwa, pendaftaran Hak Tanggungan secara elektronik dilakukan melalui Sistem HakTanggungan Elektronik oleh PPAT dan Kreditur dengan mengupload dokumen persyaratan secara elektronik sampai mendapat sertipikat Hak Tanggungan dan catatan Hak Tanggungan pada buku tanah dan Sertipikat Hak Atas Tanah atau Hak Hak Milik Atas Satuan Rumah Susun dalam bentuk elektronik, dan juga pendaftaran Hak Tanggungan secara elektronik masih memiliki kelemahan antara lain Sertipikat Hak Atas Tanah Atau Hak Milik Atas Satuan Rumah Susun harus atasnama debitur dan belum diaturnya mekanisme sindikasi kredit.

THE CONSTRAINTS OF LEGAL FACTORS IN CONTROLLING ABANDONED LAND AFTER THE ENACTMENT OF THE JOB CREATION LAW Nike Gifitriani; Emelia Kontesa; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25159

Controlling abandoned land is a form of law enforcement in the context of implementing “instruction” in the Basic Agrarian Law (henceforth UUPA – Undang-Undang Pokok Agraria), and that the law functions as a social control exercised by the state against holders of land rights and Basis for Land Control (henceforth DPAT – Dasar Penguasaan Atas Tanah) that do not fulfill the obligations. Based on Article 27, Article 37, and Article 40 of the UUPA, land rights will be nullified if neglected. However, the UUPA has not explained how a land is categorized as abandoned land, and has not regulated the Control of Abandoned Land. Government Regulation No. 11 of 2010 is considered ineffective in overcoming the problem of controlling abandoned land so that it was revoked. Then, Government Regulation Number 20 of 2021 was stipulated. This law is a derivative of the Omnibus Law, and it is the basis for controlling the abandoned land. This paper aims to investigate the obstacles to controlling the abandoned land after the enactment of the Omnibus Law.

THE EXISTENCE OF INDONESIAN MIGRANT WORKER PLACEMENT AGENCIES IN THE CONSIGNMENT PROCESS OF INDONESIAN MIGRANT WORKERS Kris Juniansyah; Emelia Kontesa; Amancik Amancik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27805

The existence of the Indonesian Migrant Worker Placement Agency (known as Perusahaan Penempatan Pekerja Migran Indonesia) is regulated in Law Number 8 of 2017 regarding the protection of Indonesian Migrant Workers. In some cases, many Indonesian Migrant Workers still work abroad non-procedurally or illegally. This study needed to be conducted to investigate the factors that cause many Prospective Indonesian Migrant Workers not willing to join Indonesian Migrant Worker Placement Agency. Therefore, this study is expected to provide scientific benefits for readers and can be used as the material of thought by policymakers. This juridical-empirical research used the interview technique to collect the data as materials to obtain the answers to the research problems. The samples of this study were The Class I Immigration Checkpoint Bengkulu Office, known as Kantor Imigrasi Kelas I TPI Bengkulu, Indonesian Migrant Worker Placement Agency, and Prospective Indonesian Migrant Workers. Some questions were asked directly to the informants to get the descriptions of the existence of Indonesian Migrant Worker Placement Agencies in the consignment process of the Indonesian Migrant Workers. The existence of Indonesian Migrant Worker Placement Agencies in the consignment process of Indonesian Migrant Workers based on Law Number 18 of 2017 has not been actualized optimally due to some problems. The problems included many Indonesian Migrant Workers who worked abroad non-procedurally or illegally, the regulation still needed to be evaluated, and lack of socialization related to the recruitment process of Indonesian Migrant Workers.

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