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HAK MASYARAKAT ADAT ATAS PENGELOLAAN TANAH ULAYAT YANG DISERTIFIKATKAN ATAS NAMA PEMERINTAH DESA Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 6 No 1 (2022): Volume 6 Nomor 1 April 2022
Publisher : Fakultas Hukum Universitas Narotama

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The ulayat rights of indigenous peoples as a form or method of land ownership by legal institutions are widely available in the archipelago, and even constitute the largest number of land areas in Indonesia. The customary land of indigenous peoples is a form of customary community legal area whose ownership is controlled collectively by a group of tribes who inhabit a certain area led by a traditional shop or tuaka. In formal legality, the customary rights of indigenous peoples have a place in the national land law (UUPA), but at the law-in-action level they still lack legal protection when dealing with development interests, so that people who own customary rights often become marginalized. Which results in structural impoverishment Keywords: ulayat rights, village land, ulayat land and land law

KEABSAHAN JUAL BELI KENDARAAN BERMOTOR TANPA DISERTAI SURAT KEPEMILIKAN Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 6 No 2 (2022): Jurnal Hukum Bisnis Vol 6 No 2 2022
Publisher : Fakultas Hukum Universitas Narotama

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The sale and purchase agreement is the most widely used agreement for the legal transfer of ownership. in the legal system, the transaction form, consequences and legal protection are clearly regulated for the parties. It is urgent to establish juridical provisions to protect the parties from various negative and exploitative actions that are detrimental to the seller and the buyer. All types of property can be traded, as long as there are no rules prohibiting it, both in the form of movable and immovable objects. One of the objects of the transaction is motorcycles, both new and used, financial ability usually affects people's purchasing power because not all of them can afford to buy a new motorcycle because the price is quite high. So as an alternative, some people buy second-hand motorcycles, both those that are half-used, and those that are old, according to their wishes, needs, and financial capabilities. Keywords: Buying and selling, legitimacy, motorized, ownership certificate

KEPASTIAN HUKUM PARTISIPASI MASYARAKAT DALAM PENERBITAN PERIZINAN DIBIDANG PERTAMBANGAN Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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This study aims to understand the essence of community participation in various stages of mining business permits. This research method uses a normative method and then analyzed qualitatively with a Legislative and Conceptual approach. Meanwhile, community participation related to their involvement in the issuance of IUPs has not been considered effective as based on Law no. 3 of 2020, Law no. 32 of 2009, PP No. 8 of 2018, PP No. 22 of 2021, Minister of Environment Regulation No. 17 of 2012, as well as laws and regulations related to Amdal or UKL-UPL. In addition, the supervision of the rock mining business permit found environmental damage due to the mining business activity, in addition it was found that there were miners who carried out reclamation outside the mining business permit area and did not meet the criteria for success in the reclamation effort. so that he was ordered to re-do efforts to restore the environment in damaged locations that are within the mining business permit area. Mining business activities carried out without the participation of the surrounding community can cause social, environmental and economic problems for the community. Especially ecological problems that have a huge impact on the community such as floods, abrasion, forest fires, landslides and tornadoes, according to data from the South Sulawesi Walhi, throughout 2019 nearly 1.03 million residents of South Sulawesi were affected by this ecological disaster.Keywords: legal certainty, licensing, mining.

KEWENANGAN DAERAH KABUPATEN DALAM PENGAWASAN PERTAMBANGAN RAKYAT DI DAERAH Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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This study aims to determine the role of local governments in supervising mining activities. Since the enactment of Law no. 3 of 2020 concerning Mineral and Coal Mining, the existence of community mining from the aspect of licensing, supervision, guidance, to environmental management is increasingly making it difficult for small communities, while the authority of district/city governments in issuing mining permits based on Law Number 23 of 2014 concerning Regional Government is divided between the government and the provincial government. The authority to issue mining permits based on the concept of regional autonomy is more appropriate if it is owned by the district/city government. Because it is the district/city government that knows more clearly the area. District/city local governments who know that a mining permit can be granted to a person and/or business entity or not, because the district/city government is easier to observe in the field, because the distance is not far. The purpose of this research is to find out how far the state is in favor of the existence of smallholder mining after the new regulation changes. The benefit side in terms of legal policies in order to strengthen the legal position of people's mining. This research method uses a normative method and then analyzed qualitatively with a Legislative and Conceptual approach. Then analyzed qualitatively.Keywords: regional authority, local government, mining supervision

Pungutan Pemerintahan Desa Terhadap Masyarakat Sebagai Penyelenggaraan Pemerintahan Desa Anastasia Pricillia Wibowo
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Illegal levies are acts committed by a person or civil servant or state official by requesting payment of an amount of money that is inappropriate or not based on the regulations relating to the payment. It is often equated with extortion. In fact, extortion is the designation of all forms of unofficial levies, which have no legal basis, so the act of levies is referred to as illegal levies (extortion). Illegal levies in most of the cases that occur have an element of abuse of authority. Is there an element of error and criminal responsibility for illegal levies? Abuse of the authority of an official in his position to commit illegal levies part of the core offense. The element against the law is very much needed to determine someone has committed a crime. Is the unlawful element in illegal levies in line with the principle of legality or not. The author realizes the limitations of the author's ability to complete this paper. However, the author hopes that what the author provides in writing this law can be useful for the author personally and all readers.Keywords: illegal levies (extortion) and public services

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