Protection: Journal Of Land And Environmental Law
Protection: Journal Of Land And Environmental (PJLEL) Law also uses the LOCKSS system to ensure a secure and permanent archive for the journal. With regard to the interaction between law, sustainability and the environment, the aim is to seek legal protection in aspects of land law, environmental law in Indonesia, human rights over the environment, legal environmental policies, environmental disputes and aspects related to legal protection of law, land and the environment. Protection: Journal of Land And Environmental Law (PJLEL) as a forum for scientific publications for academics and legal practitioners, but must also be proven to be accessible to all other groups who care about the environment, from scientists to environmental planners in Indonesia.
Articles
26 Documents
<![CDATA[Contra Perceptions Of The Freedom Of Contract Principle In Law No. 2 Of 1960 Concerning Agricultural Products Sharing With The Community Ijon System In The Bonebeach Environment ]]>
<![CDATA[Dolot Al Hasni BAKUNG]]>;
<![CDATA[Zamroni ABDUSSAMAD]]>;
<![CDATA[Mohamad Hidayat MUHTAR]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (169.436 KB)
|
DOI: 10.38142/pjlel.v1i1.280
<![CDATA[Buying and selling is an activity that takes place and is inherent in every society in the State of Indonesia. Therefore, there are many rules that regulate the matter of buying and selling in Indonesia. Agreements made by the community in terms of buying and selling must be clear and have a legal basis because every agreement born of an agreement is bound by law, as stated in article 1338 of the Civil Code (KUHPerdt). Buying and selling also has its own way, including buying and selling in the ijon or ngijon system, namely selling fruit that has not been seen. This research is categorized into the type of empirical normative legal research, it is based on the issues and or themes raised as research topics. Empirical normative legal research uses case studies in the form of products of legal behavior, for example reviewing laws and their application in society.]]>
<![CDATA[Determination Of The Judges Freedom In Indonesia On The Straf Minimum Rules ]]>
<![CDATA[Suwitno Y IMRAN]]>;
<![CDATA[Apripari APRIPARI]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (285.6 KB)
|
DOI: 10.38142/pjlel.v1i1.281
<![CDATA[Limiting the freedom of judges in expressing legal logics in each particular case will only hinder the process of seeking true values of justice. This freedom does not mean being free without being accompanied by legal responsibilities. the philosophical aspect of the principle of freedom of judges, and the ideal model for the application of the principle of freedom of judges in Indonesia in the minimum rules straf system, is the subject that will be discussed in this article. The normative research method used in this article uses a statutory, historical and conceptual approach and uses primary and secondary legal materials that are presented descriptively. The conclusion obtained confirms that the aspect of judges' freedom philosophically in principle begins with the application of the division of powers namely, legislative, executive and judicial which is the philosophical basis that the judicial branch of power is an independent branch of power and judges have the freedom to make interpretations, legal findings based on the conscience and conviction of the judge. As for the straf minimum rules case, the ideal model for implementing the principle of judge freedom can be realized through the theory of balance, namely that judges in deciding cases are not based on the context of laws and regulations and must consider aspects of the judge's belief even though the decision is contrary to the law, but as long as it is related to the judge's belief, then it can be justified on the basis of the judge's freedom.]]>
<![CDATA[Judicial Study Of Gender Transition (Transgender) On Integrity Distribution ]]>
<![CDATA[Sri Nanang Meiske KAMBA]]>;
<![CDATA[Moh. Taufiq Zulfikar SARSON]]>;
<![CDATA[Dolot Alhasni BAKUNG]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (375.731 KB)
|
DOI: 10.38142/pjlel.v1i1.288
<![CDATA[Gender transition (transgender) is a current phenomena on a worldwide and national scale. The subject of transgender in Indonesia has numerous issues, one of which is the status of transgender in Indonesian law, particularly inheritance law, which is found in both the Civil Code and the Compilation of Islamic Law. The issue is that there is a legal vacuum surrounding transgender arrangements in inheritance distribution. According to the study's findings, the legal situation of transgender persons has not been explicitly defined, and there is a legal vacuum, resulting in an ambiguous distribution of inheritance for transgender people. In Islamic law, transgender inheritance is reverted to its original gender and does not take bodily changes into account. Meanwhile, under the Civil Code, inheritance is distributed based on the method of gaining inheritance.]]>
<![CDATA[Efficiency Of Regional Development (Study For Establishing Regional Regulations In South Bolaang Mongondow Regency On Cooperation Between Local Governments) ]]>
<![CDATA[Rahmat Teguh Santoso GOBEL]]>;
<![CDATA[Mohamad Hidayat MUHTAR]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (278.216 KB)
|
DOI: 10.38142/pjlel.v1i1.311
<![CDATA[Inter-regional cooperation is a system of working relationships carried out by two or more regions that are in a level and balanced position to achieve a common aim of enhancing people's welfare. South Bolaang Mongondow Regency's government is highly concerned about the significance of collaboration, both with neighboring regions, In this paper there 2 (two) research questions, namely; 1). What is the urgency of inter-regional cooperation in regional development?; 2). What are the philosophical, sociological and juridicial considerations for the information of a draft regional regulation on the implementation of Regional Coopertaion in South Bolaang Mongondow Regency?. The urgency of inter-regional cooperation found by the author is as follows; 1). Public Service Improvement; 2). Border Area; 3). Spatial Order 4).Disaster Management and Handling Potential Conflicts; 5). Poverty Reduction and Regional Disparities; 6). Increasing Role of Provinces; 7). Regional Expansion. And the Implementation of Regional Cooperation in South Bolaang Mongondow Regency required much deliberations and considerations in philosophical foundation, sociological foundation, and juridicial foundation. These considerations are as follows; a). Philosophical Foundation, The philosophical basis is a consideration or reason that demonstrates that the regulations formed base on Pancasila and 1945 Constitution; b). Sociological Foundation, Cooperation based on the needs and considerations of efficiency, effectiveness of public services and carried out in a mutually beneficial manner; c). Juridicial Foundation, The juridical or normative basis of a rule or rule, if the rule is part of a certain legal rule which in the legal rules points one to another.]]>
<![CDATA[Environmental Protection and Management of the National Capital Development in the perspective of Sustainable Development Goals ]]>
<![CDATA[Rahmat SAPUTRA]]>;
<![CDATA[Apriyanti WIDIANSYAH]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (414.944 KB)
|
DOI: 10.38142/pjlel.v1i1.331
<![CDATA[The purpose of this study is to discuss how the form of environmental protection and management by the government is related to the development of the State Capital (IKN) from the perspective of sustainable development goals (SDGs) and how to apply the concept of forest city in the development plan of the State Capital (IKN). Empirical juridical research methods, through search and study of secondary data, in the form of legislation, academic texts, policy recommendations, and scientific works of experts in the field of National Capital Development (IKN). Secondary data was obtained through library research (Library Research) sourced from printed and electronic library materials. Normative research (doctrinal) is needed to understand the current legal norms (Law in the Book), through a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The results of the study that the forms of environmental protection and management including prevention, prevention of damage and pollution as well as restoration of environmental quality have demanded the development of various policies and programs as well as activities that are supported by other environmental management support systems. Sustainable development involving current and future generations require joint efforts to achieve the goals of IKN development, by balancing three important aspects, namely economic, social, and environmental protection. The application of the Forest City Concept in IKN development in the form of stabilizing forest areas and resolving various land conflicts within forest areas that need to be carried out before building IKN.]]>
<![CDATA[Use Of Indirect Evidence In Disclosure Of Cartel Violations According To Business Competition Law In Indonesia ]]>
<![CDATA[Tri Utomo WIGANARTO]]>;
<![CDATA[Elisatris GULTOM]]>;
<![CDATA[Sudaryat PERMANA]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (223.411 KB)
|
DOI: 10.38142/pjlel.v1i1.340
<![CDATA[In cartel evidence, there are two approaches, namely direct evidence and indirect evidence . The Law on Monopolistic Practices and Unfair Business Competition in Indonesia does not yet regulate the use of indirect evidence as evidence to prove the occurrence of a cartel . The ambiguity of this regulation causes legal uncertainty in the use of indirect evidence in the decision of the Business Competition Supervisory Commission (KPPU). This study discusses the use of indirect evidence in disclosing cartel violations according to the Business Competition Law in Indonesia by harmonizing the ideal concept and studying the relevant laws and regulations. The method of normative juridical approach. The research specification is descriptive analysis. Data was collected by using Library Research and analyzed using qualitative juridical . The results of the study indicate that there is an ambiguity in the arrangement of indirect evidence in the case of business competition in Indonesia, namely cartels. Although further regulation has been regulated in KPPU Regulation Number 1 of 2019 concerning Procedures for Handling Cases of Monopolistic Practices and Unfair Business Competition, this has not yet been regulated at the level of law.]]>
<![CDATA[Empowering Bupda Reform Access In The Management Of Village Land Assets In Sesetan Village ]]>
<![CDATA[I Wayan Kartika Jaya UTAMA]]>;
<![CDATA[Made WIRYANI]]>;
<![CDATA[Wayan ARTANAYA]]>;
<![CDATA[I Wayan SUARJANA]]>;
<![CDATA[I Made Aditya Mantara PUTRA]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (209.709 KB)
|
DOI: 10.38142/pjlel.v1i1.363
<![CDATA[This research was preceded by the aim of identifying and analyzing access to BUPDA reform for the empowerment of village land asset management in Sesetan village for the formation of customary BUPDA (BUPDA) so that it can prosper its krama Potential has not been optimally utilized for funds to support Tri Hita Karana activities in Indigenous Villages. The professionalism of human resources has not been optimal for managing potential. It was identified that there was a need for funds for indigenous villages to preserve customs and culture based on the teachings of Hinduism, which had increased, not optimally managing the potential of palemahan professionally for their welfare. The needs analysis aims to overcome problems in the empowerment of the Sesetan indigenous village for interest and overcome unemployment by implementing modern management with the establishment of business units and the appointment of pedalling as well as the application of information and communication technology as a medium of communication with stakeholders. The empowerment of indigenous villages will be achieved if participation and a shared commitment to make changes for the better. Potential is empowered through education and human resources training as an element driving the change.]]>
<![CDATA[The Concept Of Delegation Of Local Government Authority (Study Of Financial Supervision And Management) ]]>
<![CDATA[Petrus Avelino Framayuka TOLANG]]>;
<![CDATA[Solomon Dessalegn DIBABA]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (218.44 KB)
|
DOI: 10.38142/pjlel.v1i1.368
<![CDATA[The development of regional autonomy has placed various new authorities possessed by the regions. One of these powers is the delegation of some regional authorities to sub-districts to support regional programs and policies. The sub-district itself has the authority, duties and functions, one of which is regarding financial management and supervision. The research method used is normative research with an approach to legislation. The results of the study show that the concept of delegating regional authority to sub-districts has been comprehensively regulated in Law Number 23 of 2014 concerning Regional Government. In the financial management and supervision of the sub-district, it is placed as a coordination line for the village in determining the APBDES which is regulated in PP Number 43 of 2014 Article 101 and Permendagri Number 113 of 2014 Article 23, namely the regent/mayor can delegate the implementation of the evaluation of the draft village regulation on APBDes to the sub-district head or other designations. In addition, the sub-district head has a role in submitting the APBDes Realization Report and the APBDes Realization Accountability Report to the regent/mayor.]]>
<![CDATA[Existence Principle Assertion In Authority Supervision Finance By Examining Body Finance in Indonesia ]]>
<![CDATA[Yudhia Perdana SIKUMBANG]]>;
<![CDATA[Geofani Milthree SARAGIH]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (189.403 KB)
|
DOI: 10.38142/pjlel.v1i1.402
<![CDATA[Examining Body Finance is state agency that has authority inspection finance in Indonesian constitution , p the by constitutional set in _ Article 23E paragraph (1) of the 1945 Constitution. In operate function inspection state finances , the BPK in run it bound by principle assertion . However in level implementation , still there is action examinations carried out by the BPK in Thing this no notice principle assertion . Study this will study existence principle assertion in implementation authority inspection state finances by the BPK. Study this categorized as to in type study normative with based on problem or raised theme _ as topics study main inside _ study this . Approach used _ in study this is approach principle law with link a number of law existing positive _ During regarding with topics discussion main inside _ study this . Method analysis used _ is descriptive analytical with describe regulation current legislation _ apply as well as decisions later court _ linked with practice the law that occurs in the field ( facts ) law ). Research results this show that existence than principle assertion in law positive , practice law until guide for CPC in operate authority inspection to real state finances has emphasized even inside _ law related positive _ with CPC no someone confirmed _ by textual about role as well as attachment from principle assertion .]]>
<![CDATA[The Urgency Of Land Bank: Maintaining The Existence Of Land Acquisition For Development ]]>
<![CDATA[Sigit Sapto NUGROHO]]>
<![CDATA[ Protection: Journal Of Land And Environmental Law Vol. 1 No. 1 (2022): Protection: Journal Of Land And Environmental Law. (July – October 2022) ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (271.826 KB)
|
DOI: 10.38142/pjlel.v1i1.427
<![CDATA[This study aims to analyze the urgency of land bank in maintaining the existence of land acquisition for development. This research method uses a normative legal research method with a statutory approach and a conceptual approach. The types and sources of legal materials used are primary, secondary and non-legal materials. The method of collecting legal materials uses the literature study method. Analysis of legal materials using qualitative descriptive analysis. Based on the research results show that the urgency of the Land Bank in Land Procurement activities for development has a function to overcome the problem of the form and value of compensation for land acquisition objects, prevent the growth of an inventory of land needs for development activities for the public interest and reduce land acquisition activities that require large costs and which take rights.]]>
