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INDONESIA
HUKUM BISNIS
Published by Universitas Narotama Surabaya
ISSN : -     EISSN : 24600105     DOI : https://doi.org/10.31090/hukumbisnis.v3i1.829
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Business Law contains scientific articles, research results and community service. The scope is in the fields of business law, sharia economic law, civil law, government law and notary law
Arjuna Subject : Umum - Umum
Articles 6 Documents
 1 
Search results for , issue "Vol 7 No 3 (2023): Volume 7 No 3 2023" : 6 Documents clear
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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Abstract

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
KEPEMILIKAN HAK ATAS TANAH YANG TIDAK TERCATAT DI BUKU C KELURAHAN Fatin Hamamah; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Based on the results of the discussion, it was found that the Letter C Book, as initial evidence in accordance with Articles 1866 of the Civil Code and 164 HIR, to obtain a land right in carrying out land registration where these lands are lands that are subject to customary law. With regard to Letter C quotations, many people still hold that they do not understand that Letter C quotations, or the mention Girik by the public, are actually only a basis for tax collection. Owners of proof of letter C often consider that girik as proof of ownership of land. Excerpts of Letter C are in practice kept by the Lurah/Village Head, who already has strong evidence, while Citations of Kelurahan Letters are the results of detailed data collection in 1950 before the enactment of the Basic Agrarian Law. With the enactment of Government Regulation Number 24 of 1997 concerning Land Registration, the Subdistrict Letter C quotation is proof of tax payment and can be applied for as the acquisition of land rights. For this reason, with the evidence of Letter C book citations, the land registration system used is usually used to obtain land title certificates for the first time, meaning that previously these lands had not been certified.
URGENSITAS SISTEM PEMILU PROPORSIONAL TERBUKA BERDASARKAN DEMOKRASI PANCASILA Ika Puspahani; Mohammad Saleh
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

This paper aims to determine the urgency of an open proportional general election system in the 2024 general election. The research method uses normative legal research, using a statutory approach and a conceptual approach. The focus of this research plan is the general election system (election) based on the constitution. In theory there are two general election systems, namely the district and proportional systems. The proportional system is seen as having strong protection for maintaining plurality or a large number of political parties, because of the treatment that there are no invalid votes and there is a possibility that each political party in an electoral district is able to place its representatives in a representative institution, regardless of the number. This study considers it important to study the correlation of the proportional system in general elections with the spirit of implementing Pancasila democracy.Keywords: Election, proportional system, democracy
PENGELOLA KEUANGAN DAERAH YANG BERWENANG MELAKUKAN PERGESERAN ANGGARAN DALAM KEADAAN DARURAT Nina Anggreni; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Local governments are required to always improve their adaptability, as an organization they must be able to make decisions, manage risks, encourage change and solve problems in their regions. Considering that budgeting adaptation is carried out with a fast response time, shifting the budget as an initial alternative can then be accommodated in budget changes. In order for local governments to maintain the principles of good governance, it is necessary to pay attention to the limits of authority that must be exercised by regional financial managers so that the implementation of budget shifts meets the criteria and complies with statutory provisions. This study aims to provide academic descriptions and recommendations for local governments in setting budget shift policies in emergencies. This study discusses the limits of authority and legal conformity for regional financial managers to shift budgets in emergencies. The conclusion of this study is that the regional financial manager's authority to shift the budget in an emergency is permissible, but full of limitations both on procedures or procedures, as well as limitations on authority. Meanwhile, legal conformity can be carried out in accordance with the provisions of Government Regulation Number 12 of 2019 concerning Regional Financial Management and Minister of Home Affairs Regulation Number 77 of 2020 concerning Technical Guidelines for Regional Financial Management. In order to perfect the implementation of the budget shift policy, a Regional Head Regulation concerning Procedures for Budget Shifts must be formed.Keywords: financial manager, budget shift, emergency.
KEWENANGAN PEMERINTAH DAERAH DALAM PELAKSANAAN PENGAWASAN DAN PENGENDALIAN KELAYAKAN FUNGSI BANGUNAN DI KOTA SURABAYA Dwiluna Setiaprameswari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The development of the economy in the city of Surabaya has an impact on the rapid growth of building construction in the city of Surabaya. One of the Government's controls in ensuring the reliable implementation of building management is by issuing a Certificate of Proper Function to certify the feasibility of a building's function before it can be utilized. The Government's role in supervision and control must be carried out in order to ensure the fulfillment of building reliability aspects. This study aims to provide a description and analyze the authority of the Regional Government in carrying out supervision and controlling the feasibility of building functions in the city of Surabaya. This study tries to discuss the limits of the authority of the Regional Government on the implementation of supervision and control over the feasibility of building functions in the city of Surabaya and the imposition of sanctions on building owners who violate the feasibility of building functions based on the results of supervision and control by the Surabaya city government. The conclusion of this study is that the authority of the local government to supervise and control the feasibility of building functions in the city of Surabaya is limited by the period, area and substance of authority, while the forms of sanctions against building owners who violate the feasibility of building functions are based on the results of supervision and control by the Surabaya city government in the form of administrative sanctions, fines and criminal penalties. To apply fines and criminal sanctions, the Surabaya city government needs to develop a legal basis regarding the intent, purpose and scope of imposing sanctions and the procedures for implementing them.Keywords: feasibility of building functions, supervision and control
POLITIK HUKUM ATAS PENCEGAHAN TINDAK PIDANA KORUPSI DI BIDANG KONSTRUKSI INDONESIA I Made Sukartha
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Currently what is being highlighted by the Indonesian people is law enforcement against perpetrators of corruption, because many still doubt law enforcement. The community considers that law enforcers are still indicated to be influenced by power, whether in a person's position or status. Therefore, cases of corruption are still common today, and efforts to enforce the law have not had a deterrent effect on society, and have not had a significant effect on reducing corruption. Corruption practices in the construction sector are still common in Indonesia. Even though regarding criminal acts of corruption there is already a Corruption Law, namely Number: 31 of 1999 concerning Eradication of Corruption Crimes, which has been amended by Law Number: 20 of 2001. In this study, normative juridical research was used, with analytical descriptive specifications. The approaches used include statutory approach, conceptual approach, and historical approach. Efforts to deal with corruption through the means of criminal law have not been maximized, so policies for dealing with criminal acts of corruption must also be sought and directed at efforts to prevent and eliminate factors that have the potential to cause corruption. One of the efforts to overcome and prevent criminal acts of corruption, must start enforcing the law by following the example of other countries which apply the maximum penalty, namely life imprisonment or death penalty for perpetrators of corruption, which are truly proven and carried out in a state experiencing an economic crisis. or done repeatedly. . Keywords: Corruption in Construction Sector, Law Enforcement, Prevention of Corruption, Legal Politics

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