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JURNAL ILMIAH LIVING LAW
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livinglaw@unida.ac.id
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livinglaw@unida.ac.id
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Kota bogor,
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INDONESIA
JURNAL ILMIAH LIVING LAW
ISSN : 20858078     EISSN : 25501208     DOI : -
Core Subject : Social,
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
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Articles 6 Documents
Search results for , issue "Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law" : 6 Documents clear
DEVELOPMENT OF DESIGN PRINCIPLES DROIT DE PREFERENCE AGAINST OWNERS BUSINESS PREMISES IN TANAH ABANG JAKARTA Ilman Khairi; Abraham Yazdi Martin
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (972.843 KB) | DOI: 10.30997/jill.v9i2.1034

Abstract

Use Rights Certificate Business Place (SHPTU) is proof of ownership of the right to use business premises (shop) in a market that is owned by market traders. SHPTU have a fairly high economic value. Therefore, expected SHPTU can be used as loan collateral. SHPTU have a common element of the lease, as in article 1548 of the Civil Code. Because SHPTU not the right material, then SHPTU can not be guaranteed by using a material guarantee institutions. The research method with the added element of normative juridical empirical, with the analysis of qualitative data. From the analysis it can be concluded that SHPTU not the right material, but given SHPTU has economic value and can be transferred, it is expected that the government can immediately respond to the needs of society (the Merchants Market) to the existence of a guarantee institution which can accommodate SHPTU shop as loan collateral. Resulting from the rigidity of the legal material to deliver the right material on business premises or SHPTU recommended for use kaedah contained in Article 48-49 of the legislation Flats by issuing Certificates of Building Owners and Building (SKBG), where the issuance of the certificate is the same between Local government in this case the Department of Public Works and the Department of Housing, while still managing PD Pasar Jaya as it has been running for this. Issuing authority on the issuance of a certificate is not PD Pasar Jaya but agency in charge of publishing the SKBG. When referring to the Building Act SKBG publishing at the Department of Public Works, and when referring to the Law on Housing, the publishing SKBG by the Department of Housing. That way it is assured of legal certainty as mandated by state law, as well as the grand theory of Hans Kelsen. SKBG is way out proof of ownership of the store, which is very expensive because of the value it needs the necessary legal certainty regarding the right material.Keyword: Droit De’ Preference, UMKM, Shops
JUSTIFICATION OF ESTABLISHING BUILDING PERMITS FOR PRIVATE EDUCATION INSTITUTIONS WAQF BASED ON THE PERSPEKTIF GOVERNMENT SOCIAL RESPONSIBILITY Muhammad Aminulloh; Endeh Suhartini
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (910.226 KB) | DOI: 10.30997/jill.v9i2.1035

Abstract

Indonesia as a developing country is still trying to do development, this development requires the Legal Certainty for the realization of efforts community life. [Article 1 paragraph (3) of the 1945 Constitution (after amendment). In fact, legislation relating to development still overlaps policies, resulting in the existence of Legal Uncertainty. Example; Perda IMB pertains to the services of authorized officers. Governments use planning to manage land development of their jurisdictions. Thus, government units can plan community needs while safeguarding natural resources. A building permit is required in accordance with the spatial, land use planning (land use plan). The government makes rules on the land guidance plan, one of which is the rule of article 2, paragraph 1 of the BAL, the state regulates the use, allocation, provision and maintenance, usage, designation (utilization, KDB, outbreaks, apartment buildings, irrigation buildings, etc.). How to use the land, there are rules, the rules can be location permit, IPPT, land use permit, building permit, why should use IMB, as this is to regulate in the framework of the maintenance of the livelihood of the people and this applies to all, and schools, social schools, including educational institutions that stand on wakaf land managed by the foundation. For educational institutions, it is felt to be heavy in terms of obtaining building permits. this is because the process of permission to build the building was equated with the lisence establishment of factories, industries etc. Besides that, the heavy rules so far felt by institutions that will establish school schools to licensing issues are the rules on AMDAL. The government is afraid of land use will be wrong. AMDAL is requirements for the establish of a school. The government should make a classification rule on AMDAL for building permits for the establishment of schools, especially school schools located in waqf land, lighter than building permits for industrial or factory establishments. (descriptions of AMDAL). The importance of building lisence (IMB) can be a starting point in obtaining legal certainty to the right of building so that disturbance or harmful things, and to gain comfort in using the buildingKeywords: IMB, Land of Waqf and Government Social Responsibility
OPTIMIZATION OF INCREASED ORIGINAL INCOME REGISTERED TO TOURISM CITY BOGOR AND DISTRICT BOGOR Novi Liana
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (717.023 KB) | DOI: 10.30997/jill.v9i2.1036

Abstract

The identification of this research are: 1) How to optimize the increase of local revenue related to tourism of Bogor City and Bogor Regency?; 2) What factors can lead to an increase in the original revenues associated with tourism Bogor City and Bogor Regency ?The research method used in this study is a normative juridical approach, namely the law is conceptualized as norms, rules, principles or dogmas/jurisprudence. The results of this research are: 1) In optimizing the source of Original Regional Income Bogor City and Bogor Regency has made several actions or steps, namely to socialize, improve professionalism of employees, provide facilities and infrastructure, and use information technology for services; 2) There are many factors that influence the implementation of local retribution collection in the increase of Pendapatan Asli Daerah (PAD), among others: Legal instruments in the regions, officers are more likely to use persuasive approach and tolerance in law enforcement, Lack of information and socialization of the dynamics of tax policy regional and regional levies that can cause less awareness of citizens to immediately pay taxes and levies when near maturity, Still weak supervision including intruments, thus causing not optimal achievement of realization in accordance with targets that have been set.Keywords: Optimization, Local Revenue, Tourism
LEGAL CERTAINTY CHANNELING FUNDS RURAL AGRIBUSINESS ENTERPRISE DEVELOPMENT WITHIN THE FRAMEWORK OF THE DEVELOPMENT OF MICROFINANCE INSTITUTIONS AGRIBUSINESS Asril Tinambunan; Martin Roestamy
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (916.437 KB) | DOI: 10.30997/jill.v9i2.1032

Abstract

One of the government programs in overcoming the limited access of farmers to capital is through the Rural Agribusiness Development Program (PUAP). However, in the implementation there are irregularities that have impeded of the PUAP Program so as to create legal uncertainty. The purpose of this research is to know the mechanism of distribution, management and development of legal institution of Micro Finance Institution of Agribusiness (MFI-A). The research method used is the sociological juridical approach to find out the mechanism of channeling PUAP funds and the development of MFI-A. This research is also supported by normative approach on the data of legal material in the form of Law Number 19 of 2013 and Act Number 1 of 2013. The mechanism of distributing PUAP funding that is just, effective and targeted is done by selection and verification. Selection is done by selecting Gapoktan to be nominated to receive PUAP. Furthermore, field verification conducted by the District Technical Team. Management of MFI-A as development of Gapoktan saving and loan business unit is done by developing LKM-A product, managing risk, establishing organizational structure and SOP, and using information and computerization system. The form of legal entity in the future for the most suitable MFI-A is a savings and loan cooperative.Keywords: Legal Certainty, PUAP, Gapoktan, and MFI-A
CONSOLIDATION OF URBAN LAND FOR THE CONSTRUCTION OF HOUSING FOR LOW INCOME COMMUNITIES (LIC) IN THE CITIES OF BOGOR AND DEPOK R. Yuniar Anisa Ilyanawati; Sudiman Sihotang
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (884.09 KB) | DOI: 10.30997/jill.v9i2.1037

Abstract

Low Income Communities here in after abbreviated to LIC (MBR) is a society which has a limitation of buying power so need to get government support to acquire the home. According to the World Bank, that society with spending US Dollar 2-20 per-kapita per-day, it can be put into the category of Low Income Communities. In other words, at least the community expenditure of approximately Rp.798.720,- (Seven Hundred and Ninety-Eight Thousand Seven Hundred Twenty Rupiah) per-kapita per-mounth (exchange rate 1 US Dollar=Rp.13.312,- per-February 2017). Therefore, there needs to be the response to the problem of the provison of land and housing for the MBR. An alternative solution is to implement a mechanism to Land Consolidation in urban areas, especially for the MBR. In the implementation of land consolidation in Indonesia, it is not easy and even still there are some people who still lay, particularly for some of the MBR. The need for wider dissemination of the urban consolidation in particular to establish a housing for MBR, such as some of them in the cities of Bogor and Depok. Therefore, to know and analyze the research, the methods used are methods of Juridical Normative approach that is conceptualized as legal norms, rules, principles, or dogmas by using studies library (study of the literature) but all are necessary, can be done interview, to complement the study of librarianship. As found on the city of Bogor and Depok, regarding the implementation of the Land Consolidation in urban for housing development of MBR it still unable to realize the intenstions, goals and objectives towards the implementation of the land consolidation, especially in an attempt to defend and protect even the enhance the welfare of peoples lives especially the MBR. Land consolidation model for providers of land for development policy the MBR in Bogor and Depok could be done with appropriate legal solutions through the early stages of the implementation of the model in the form of Land Banking can make PERUM PERUMNAS as Land Bank to gather and manage the availability of land running mates in order to compensate for the fulfillment of a need for housing for the MBR in Cities of Bogor and Depok.Keywords: Land Consolidation, Housing, Low Income Communities (MBR)
Legal Protection of Investors Investment Virtual Currency Ekka Sakti Koeswanto; Muhammad Taufiq
JURNAL ILMIAH LIVING LAW Vol. 9 No. 2 (2017): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (825.013 KB) | DOI: 10.30997/jill.v9i2.1033

Abstract

The presence of Virtual Currency (Centcoin and Bitcoin) in Indonesia is well known by Indonesian people as a business by means of speculation with the aim of making a profit that is used by its users as a means of exchange, means of payment and business by way of investment. Then pay attention to the Law of the Republic of Indonesia Number 7 of 2011 concerning Currencies when Virtual Currency (Centcoin and Bitcoin) serve as a means of exchange or payment transactions in Indonesia by its users is contrary to the Act, however Law Number 7 Year 2014 on Trade, Law of the Republic of Indonesia Number 19 of 2016 on the amendment to Law of the Republic of Indonesia Number 11 of 2008 on Information and Electronic Transactions and Law of the Republic of Indonesia Number 8 of 1999 concerning consumer protection can provide legal protection for the public or investor users Virtual Currency (Centcoin and Bitcoin) in Indonesia.Keywords: Legal Protection, Virtual Currency (Centcoin and Bitcoin), the Electronic Commerce Transactions

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