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All Journal PUSKAPSI Law Review Journal of Private and Economic Law
Andika Putra Eskanugraha
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Musyawarah dan Mufakat Sebagai Solusi Pemanfaatan Tanah Fasilitas Umum Masyarakat Andika Putra Eskanugraha
PUSKAPSI Law Review Vol 1 No 1 (2021): Mei 2021
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (602.35 KB) | DOI: 10.19184/puskapsi.v1i1.23838

Abstract

Utilization of land for public facilities is the ideals of the constitution as stated that "to be used for the greatest prosperity of the people" and "land to function socially" based on Law No. 5/1960 concerning Basic Agrarian Regulations. The use of land for the public facilities does not give priority rights to a party or individual. Collective use within the community must be addressed wisely and proportionally in its use. A public road that is regarded as a public facility, no one can claim to be entitled to a road because it borders or is close to the land or occupancy. With the closed access to the use and benefitting of roads as the public facilities, it is difficult to determine the violation of the law committed. There is a Provincial Regulation which regulates the prohibition of parking on the roads, but this prohibition is not well-regulated in other regions with its legal products. Disregarding in the community to the road users as public facilities, can become a social problem and must be resolved with a consensus reflecting the Pancasila as the life point of view. Deliberation and consensus is a solution to solving problems by involving Village Traditional Institutions or similar names based on regionalism. Deliberation and consensus as a solution to the use of land for public facilities, can produce decisions in village deliberations. The Village Customary Institution as a partner to the Village Government can propose the joint use of community public facilities to be regulated in a Village Regulation. Normative legal research is the method used in this study. There is no violation of legal rules in the unwise use of public facilities, making this community problem must be resolved by the community itself by prioritizing the value of the Pancasila and after that it can be elaborated in the simplest rules in the Village Regulation.
Kecakapan Subjek Hukum Lanjut Usia Penderita Demensia Andika Putra Eskanugraha
Journal of Private and Economic Law Vol 1 No 1 (2021): May 2021
Publisher : Private Law Department, Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (672.651 KB) | DOI: 10.19184/jpel.v1i1.23908

Abstract

ABSTRACT: People as legal subjects must be protected as holders of rights and responsibilities. The protection is provided by the state within the framework of statutory regulations as a product of the state law. The state should bear legal certainty in regulating a person's ability to act legally. This arrangement is essential considering the minimum age limit and the provisions or requirements for being proven to be legally competent. The age requirement within the minimum limit determined by a statutory regulation varies broadly. The diversity of age thresholds has led to several critics and suggestions within the academic community for a uniformity of legislation. The maximum limit of a person's proficiency has never been discussed in a statutory regulation. This maximum limitation is very vital considering that humans who have lived for a long time, are confirmed to have physical limitations and mostly affect their ability particularly in law. The ability of a person is going to have a deficiency once getting older. There is no limit to the maximum age of proficiency, which creates many legal problems that can arise in the community. This is because someone has dementia and other people do not know it apart from family members. The agreement made by a person experiencing dementia affects the person concerned specifically in article 1320 point 2 Burgerlijk Wetboek. Aging problems, which cause dementia, can be addressed by the government in terms of a person's ability, limitation can be made in a statutory regulation as a form of protection. KEYWORDS: Ability, Legal Subjects, Dementia.
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