Journal Justice

MEKANISME PEMBEBASAN BIAYA PERKARA BANTUAN HUKUM DI PENGADILAN

Rismansyah — 2023-11-15

Based on Law no. 16 of 2011 concerning Legal Aid, Article 1 paragraph (1) explains that legal aid is legal services provided by Legal Aid Providers free of charge to Legal Aid Recipients. Meanwhile, what is meant by legal aid recipients are poor people or groups of people who cannot fulfill their basic rights properly and independently and are facing legal problems. People who will be given legal assistance are people who are materially unable to pay for the services of a legal representative or advocate. This legal assistance includes exercising power of attorney, accompanying, representing, defending, and/or carrying out other legal actions for legal purposes.

Procedures for obtaining free assistance by submitting a written application containing at least the applicant's identity and a brief description of the subject matter for which Legal Assistance is requested and submitting documents relating to the case; and attach a certificate of poverty from the village head, village head, or official of the same level where the Legal Aid applicant lives. In the event that the Legal Aid applicant is unable to prepare a written application, the application can be submitted orally. Legal Aid Applicants submit a request for Legal Aid to the Legal Aid Provider. Legal Aid Providers within a period of no later than 3 (three) working days after the Legal Aid application is declared complete must provide an answer accepting or rejecting the Legal Aid request. In the event that a legal aid application is accepted, the legal aid provider provides legal assistance based on a special power of attorney from the legal aid recipient. In the event that the legal aid application is rejected, the legal aid provider shall state the reasons for the rejection.

Keywords: Legal Aid, litigation

PERSPEKTIF KEBIJAKAN PEMBANGUNAN KABUPATEN DAN KOTA DI INDONESIA DALAM MEWUJUDKAN MASYARAKAT YANG BERKEADILAN

Abd Majid Mahmud — 2023-11-15

Regional autonomy policy is a form of delegation of authority from the central government to regional governments to regulate their own households. This regional autonomy policy provides an opportunity for Regional Governments to develop all available potential and resources to improve the welfare of their people in an effort to create a just society.

The development of all available potential and resources must be utilized as fully as possible for the benefit of the people. Regional Governments must be able to utilize all these resources by paying attention to the principles of efficiency, effectiveness and transparency. These principles must be explained in the district and city regional policy framework.

In implementing the regional autonomy policy, Regency and City governments in Indonesia must have appropriate and correct policy direction. This policy direction has a very strategic role in efforts to develop all available resources which can provide the greatest benefit to the people of Indonesia, in accordance with the constitutional mandate of article 33 paragraph 3 of the 1945 Constitution. "That the earth and water and the natural riches contained within it is controlled by the state and used for the greatest prosperity of the people."

Keywords: Regency and City Development Policy

SISTEM PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOBA DI LEMBAGA PEMASYARAKATAN KELAS II A TENGGARONG

Juliati Br Ginting — 2023-11-15

The punishment system implemented by the Tenggarong Class 11 B Penitentiary for convicts in drug cases is to apply and impose punitive sanctions on the perpetrators through a judge's decision which aims at restorative justice based on treatment and rehabilitation rather than punishment. The alternative to providing criminal sanctions in the form of treatment and improvement measures as a substitute for punishment is based on the victim being a sick person and thus requiring treatment and rehabilitation measures. The importance of implementing rehabilitation for drug abusers is treatment, care for drug addicts and dependence. This is because drug users and addicts are victims of illicit drug trafficking. The implementation of rehabilitation is based on Article 54 of the Narcotics Law and Article 41 of the Psychotropics Law. Regarding the differences between the rights and obligations of convicts in drug cases and convicts in non-narcotics cases. research suggestions: The need for increased treatment and care for drug addicts as well as improvements in facilities and infrastructure for rehabilitation, the need for separation of places between drug convicts and other cases so that the self-improvement process for drug convicts can run as optimally as possible, the need for judge commitment in deciding on the application of criminal sanctions based on statutory regulations - applicable laws, especially those contained in the Psychotropic Substances and Narcotics Law

Keywords: Punishment system, drug abuse

Keywords: Community Development Institutions, Class II B Tenggarong

ANALISIS YURIDIS PENGESAHAN JUAL BELI TANAH BERSERTIFIKAT HAK MILIK MELALUI PUTUSAN PENGADILAN

Jamaluddin — 2023-11-15

Based on Article 55 of Government Regulation Number 24 of 1997 concerning Land Registration, as further regulated in Article 54 and Article 55, Regulation of the Head of the National Land Agency Number 3 of 2011 concerning Management of Assessment and Handling of Land Cases is used as the legal basis. Based on this background, this paper raises the problem formulation, namely: How is the juridical analysis of the legalization of the sale and purchase of land with certificate of title through a court decision and what are the legal consequences of a court decision validating the sale and purchase of certified land right of ownership.

Buying and selling land with title certificate as long as it meets the provisions of Article 1320 of the Civil Code will only give rise to a sale and purchase agreement which is valid as law but does not result in the transfer of land rights to the buyer. To ratify the land sale and purchase agreement, a civil suit is filed by the buyer as Plaintiff or his heir against the seller as Defendant through the District Court in order to obtain a court decision that has legal consequences. According to its nature, the District Court Decision in this case example is the Tenggarong District Court Decision Number 104/Pdt.G/2022/PN.Trg dated 12 January 2023, connected with the provisions of Article 37 of Government Regulation Number 24 of 1997 concerning Land Registration which is the Condemnatoir Decision which is a decision that can be implemented, namely a decision that contains punishment, where the losing party is punished to do something. The court's decision regarding the legalization of the sale and purchase of land with certificate of ownership carried out in the case of a dispute that occurs has permanent legal force, namely the decision that is accepted by both parties to the case and has been implemented by the parties to the case.

Keywords: Buying and selling land, certified

PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA YANG MENGALAMI CACAT FISIK AKIBAT KECELAKAAN DALAM BEKERJA

Annisa Pramuda Wardani — 2023-11-15

that workers who experience physical disabilities due to work accidents are regulated in government regulation no. 44 of 2015 concerning the implementation of work accident insurance and death insurance programs, workers can claim their rights in the accident insurance program which is assisted by the company. By reporting it to BPJS which will then be processed. After the presentation of the record is known then disability compensation will be paid in accordance with applicable provisions. Sanctions for Employers Who Do Not Register Their Workers in JKK Based on Article 59 paragraphs (1) and (2) PP 44/2015, if an employer violates the provisions of Article 27 paragraph (1) PP 44/2015, namely has not included its workers in the JKK program with BPJS Employment, then you will be subject to administrative sanctions in the form of a written warning, fine, and/or not receiving certain public services. The conclusion is that all the rights of workers who experience accidents, whether physically disabled or die, have been regulated in Government Regulation no. 44 of 2015. If the company does not fulfill its obligations, it will be subject to sanctions. Advice to workers to understand the importance of implementing occupational safety and health as an effort to prevent accidents in the work environment. And always obey the signs and regulations that apply in the work environment which regulate the safety standards of workers in the work environment.

Keywords: Legal Protection, Work Disability