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Protection: Journal Of Land And Environmental Law
Published by Indonesia Strategic Sustainability
ISSN : 28304675     EISSN : 2964724X     DOI : 10.38142/pjlel
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)" : 10 Documents clear
State Power Balance In Governing Land: Law And Regulation Of Vietnam Pham Thanh NGA
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.646 KB) | DOI: 10.38142/pjlel.v1i2.463

Abstract

Currently, Vietnam’s National Assembly is collecting opinions from relevant organizations and individuals to finalize the draft and prepare to promulgate the revised 2022 Law of Land. In this article, the author and clarifies the issue of state power control when expropriating land in Vietnam. From there, the author proposes solutions to improve the legal system on land when amending and drating the new land law, further enhancing the legitimate rights and balancing the interests of the state, and people in Vietnam for the next time.
Implications Of Control Of Coastal Lands By Foreigners In The Tourism Business I Wayan Kartika Jaya UTAMA; I Nyoman SUJANA; Putu Ayu Sriasih WESNA; Leonito RIBEIRO
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.077 KB) | DOI: 10.38142/pjlel.v1i2.472

Abstract

The focus of the study in this paper is the legal aspects of coastal land control by foreigners in Bali to benefit the tourism business. In analyzing these legal issues, the author uses empirical legal research methods with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the theory of authority, the theory of expediency, and the theory of legal protection as an analytical knife, the tourism business in Bali cannot be separated from the existence of foreigners. Similarly, the control of coastal land in Bali-pun does not escape the control of foreigners, both through legal investment and some illegal, by utilizing mutually beneficial cooperation between residents and with prajuru Indigenous Villages on the basis of sharing profits.It is in this philosophy that the principle of good faith in investing is reflected so that the possession of coastal lands by foreigners for the benefit of the tourism business is obliged to respect this very noble principle; however, in empirical facts, it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation is likely to harm the use of indigenous villages in carrying out the religious values attached to these coastal lands. So that in this case, the concept of mutually beneficial cooperation is contained in the lousy faith of foreigners to control the land of Bali to get personal benefits at the expense of Balinese nature wrapped in mutually beneficial Works.
Position, Tenure And Responsibility Of The Notary In Carrying Out The Position Of Notary Agung IRIANTORO
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.106 KB) | DOI: 10.38142/pjlel.v1i2.515

Abstract

Notary, as authentic deed-makers, has a vital role in people's lives. It is because society needs someone whose information is reliable and trustworthy, whose signature and seal (stamp) can provide solid guarantees and evidence, an impartial expert and an adviser who has no defects, who shuts up and makes an agreement that can protect in the days to come. The position of the notary must provide legal certainty services in the form of doing authentic deeds and making land deeds; in their duties, two main functions, namely the first notary has legal certainty responsibility to the public for any ratification of legal bindings, and the second is that the notary has the authority granted by law as a state official to provide legal reinforcement for legal bindings, which in the end gives peace and a sense of security to the community. The notary's responsibility is determined by the nature of the violation, the legal consequences it causes, and the potential mandatory risks. Therefore, Notaries, in carrying out their positions, doing authentic deeds, and others, apparently made mistakes, so what is used beeps fout is a unique term addressed to errors made by professionals with particular positions, such as Notaries whose mistakes are made carrying out the job.
Registration Of The Buying And Sale Of Land Rights Post Implementation Of The Presidential Instruction Number 1 Of 2022 Concerning Optimization Of The Implementation Of The National Health Security Program Putu Ayu Sriasih WESNA; Edward WIJAYA
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (220.971 KB) | DOI: 10.38142/pjlel.v1i2.516

Abstract

Land sales and purchases must be completed prior to the PPAT that intended to give legal clarity and protection to the owner of a land parcel or other registered right so that he may readily establish his ownership of the relevant right and for the efficient administration of property. Fundamental guidelines that must be followed when purchasing and selling land are the transaction procedure and the certificate document's validity. The government released Presidential Instruction of the Republic of Indonesia (Inpres) Number 1 of 2022 on Optimum Implementation of the National Health Insurance Program (JKN). The Presidential Instruction regulates the requirements for managing a number of public services such as buying and selling land, making SIM, STNK, SKCK, Haji and Umrah which must be registered as BPJS Health participants. In the Inpres Number 1 of 2022, the government instructed 30 ministries/agencies to require JKN-KIS for various purposes to ensure that all people are protected by health insurance. Some of these policies seem to have no relationship or connection, but they are actually very closely correlated. The government wants to ensure that all levels of society have health insurance, especially the upper middle class who have not been registered with the JKN-KIS program. BPJS Health participant cards is one of the requirements for buying and selling land. The BPJS Health participant card is a requirement in the application for registration services for the transfer of land rights or ownership rights to flat units due to buying and selling.
The Concept And Position Of The Formulation Of The Law Of The Republic Of Indonesia Number 11 Of 2020 Concerning Job Creation Was Prepared Using The Omnibus Law Technique Weny A DUNGGA; Mohamad Hidayat MUHTAR
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.589

Abstract

The application for judicial and formal review of the Job Creation Law was registered on November 12, 2020, with Case Number: 103/PUU-XVIII/2020. Regarding the formal test, KSBSI took issue with forming the Government Job Creation Law. This research uses a legal approach, which is to review all relevant. Data collection in normative legal research is divided into 3 (three) types or 3 (three) secondary data collection methods: literature studies, documents and archival studies. The Omnibus Bill or Omnibus Law is a technique for drafting laws and regulations that were drafted with the aim of the President overcoming regulatory obesity. Even though the technique for drafting the Omnibus Law, in terms of suitability of the writing format with Attachment II to the Law of the Republic of Indonesia Number 12 of 2011 concerning the Formation of Legislation, there are contradictions. The ratification of the Omnibus Law as a law means that the Omnibus Law, in the perspective of the Legislation hierarchy, is considered the same as other laws which are not prepared using the omnibus law method. However, you need to know after the Constitutional Court's decision, the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation is declared valid and must be corrected within two years at the latest. Otherwise, it will be declared permanently unconstitutional
Legal Protection of Pauman Land in Karangasem District I Gusti Putu BUDIADNYANA; I Made SUWITRA; I Nyoman SUKANDIA
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.596

Abstract

Disputes over the registration of pauman land as individual plots through PTSL have been frequent. The author sees a gap between the predetermined norm and the implementationof the practice that exists in the awig-awig of Pura Pauman. The issues studied are related to pauman's legal status as a legal subject who can have land rights, and the model of registering Pauman's land rights. It is an empirical legal study with a statute, historical, case, an analysis of legal concepts, and legal sosiology approach. There are steps that can be taken to ensure that pauman has a strong position of ownership over the land, that is including using the subject of the temple, which is recognized by Decree of the Minister of Home Affairs Number SK.556/DJA/1986, so that a Certificate of Property Rights (SHM) can be issued on behalf of the Temple. Pauman cannot be referred to as a legal law that can disenfranchise title to land under state law. For pauman who wish to register pauman land remains a communal property right then it would be better to use the subject name of the Temple as opposed to borrowing the name klian. In addition, the Prediction of dispute will exist because there are indications of re-recognition by the puri family so this needs to be anticipated by pauman.
Legal Ethics Of Sustainable Environmental Management Yogi PRASETYO; Alfalachu INDIANTONESIAORO; Aries ISNANDAR
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.604

Abstract

The environmental potential which is quite large economically has been misused to obtain the maximum profit. This can be seen from the many cases of law violations in the environmental sector and physical evidence of environmental damage due to wrongful exploitation. Certain interests that come into play in environmental management have damaged the environmental law management system itself. Law is only used as a tool to control natural resources legally. Many state officials cooperate with unscrupulous businessmen to exploit the environment freely without paying attention to the boundaries that are the size that should be the reference. In Indonesia environmental problems are important and urgent to be addressed by finding solutions to solve them. Therefore environmental management laws must always be accompanied by civilized Indonesian human attitudes, namely an attitude that shows the quality of Indonesian humanity which is based on religion, culture and science. So that on this basis the environment can be managed properly, not only for business benefits, but also for the welfare of society and for the benefit of the universe.
The Role Of The Government In The Impact Of Hospital Hazardous Toxic Waste Pollution In Ponorogo Sela Angelita KARIZ; Yogi PRASETYO
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.625

Abstract

In Indonesia, the COVID-19 pandemic is closely linked to the rise in infectious waste produced by the general public and medical professionals. Assuming that many individuals are tainted Coronavirus, the medical clinics limit can influence and how much irresistible waste produced is increment. Irresistible waste remembers for the Hazardous Toxic Waste (B3) squander classification, which contains unsafe and harmful materials that can contaminate, harm, and jeopardize the climate, wellbeing, and the endurance of living things. Ponorogo Regency, which is known as a "red zone" for the spread of COVID-19, is unavoidably affected by Hazardous Toxic (B3) waste. With the expansion in that measure of Hazardous Toxic (B3) squander, the public authority job is expected to satisfy the prudent rule and closeness standard of B3 squander the board. As the mandatory environmental affairs executor, DLHK Ponorogo, the regional government must address Hazardous Toxic (B3) waste management issues at the regional level.
Disparity Between Corporate And Community Land Tenure And National Land Law Accountability Ahmad Asha RIFALDI; Yogi PRASETYO
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.631

Abstract

Abstract: The existence of corporations has a negative impact on society, causing conflicting perceptions regarding the legal certainty of land before the establishment of Law Number 5 of 1960 concerning the Principles of Agrarian Law, this is because land is an ecological relationship, namely a relationship that is naturally bound and legally bound so that with the existence of this agrarian law to provide legal certainty and the position of land ownership rights for the community. The reason the author took this title aims to examine more deeply the existence of land tenure gaps and legal liability so that this can add insight into public knowledge in the agrarian field. in writing this journal, researchers used normative methods or literature studies, namely all sources of reference obtained based on journals, websites, books, articles and referring to the agrarian law. with the regulations that have been determined, it aims to provide welfare, justice and prosperity for the community so that the gap in land tenure by corporations can be overcome.
The Implementation Of Grant Of Marriage Properties Distribution Through Conciliation Agreement Yussie Masyuni DANIYANTHI; I Nyoman SUJANA; Anak Agung Istri AGUNG
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.646

Abstract

This paper is the result of empirical legal research aiming at identifying legal issues regarding the discrepancy in the implementation of joint properties distribution in marriage pursuant to Balinese customary law and the practices occurring in society. And in addition, a legal breakthrough exists to set aside court order regarding the distribution of joint assets through legal actions based on a conciliation agreement. It can be understood that this study aims at contributing ideas to the implementation of the distribution of marital joint properties through a conciliation agreement. By applying the statutory approach, case approach and sociological approach, it can be understood that parties whose marriages have been broken up due to divorce can waive court order through a conciliation agreement in marital joint properties in marital joint properties. In the event that there is a struggle over the division of joint properties as a result of the breakup in a marriage due to divorce, based on the results of study and analysis of legal materials it can be understood that the distribution of marital joint properties granted through a conciliation agreement does not necessarily or automatically transfer the object of the grant. However, if what is distributed in the joint property is in the form of land rights, then in order to be able to transfer into being on behalf of each party and moreover to children who are still minor, a deed of grant shall be firstly drawn up by a Land Deed Conveyancer (PPAT).

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