Papers by martin roestamy
JURNAL ILMIAH LIVING LAW, 2018
One of the government programs in overcoming the limited access of farmers to capital is through ... more 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 Techn...
The Philosophy of Pancasila as the Grand Theory of Legal Research Based on Bibliometric Analysis
Indonesian Journal of Social Research, Dec 27, 2022
DE'RECHTSSTAAT
ABSTRACTIndonesia is known to have a good resource potential. Nevertheless, it has turned out it ... more ABSTRACTIndonesia is known to have a good resource potential. Nevertheless, it has turned out it is not enough to attract investors. All that should be coupled with the ease of the procedure, the availability of law and good services to investors. This study attempted to correlate between the government's policies of home ownership for foreign with efforts to increase investment. It is expected to be answered on how the residential home ownership for foreigners in Indonesia? and how the concept of home ownership for foreigners in order to accelerate the increase in investment in Indonesia ?. using scientific principles the results of this study explained that the application of positive law pertaining to houses and buildings have ignored the principle of horizontal separation adopted in BAL and customary law, in practice the ownership of homes and buildings tend to use the principle of sticking always attach rights to land with the house or building that is on it, this has resul...
Pembinaan Dan Edukasi Terhadap Hak Asasi Tahanan Dan Warga Binaan Pemasyarakatan
Qardhul Hasan : Media Pengabdian kepada Masyarakat, Aug 1, 2022
A review of the reliability of land bank institution in Indonesia for effective land management of public interest
Land Use Policy
Hukum Kesehatan bagi Tahanan dan Warga Binaan Pemasyarakatan di Indonesia
Merupakan hasil penelitian para akademisi yang mendalami hukum kesehatan dan pemasyarakatan
The study refered to the case of garbage landslide of TPAS Galuga Bogor on 2010, which gave impac... more The study refered to the case of garbage landslide of TPAS Galuga Bogor on 2010, which gave impact to the removal of the object of communal land, in order to analyze whether the compensation also the handling of that impact were not carried out in accordance with the regulation. By the approach of empirical and normative jurudical analytical methods, this study prior to the land acquisition for constructing the TPAS Galuga Bogor, which brought inappropriate waste management in accordance with the provision of the legislation. This caused garbage landslide as well as environmental pollution. In order to avoid the lawsuits, Government of Bogor, as the manager, intentionaly used the pattern of land acquisition for public interest in compensating the object of communal land that was burried by garbage landslide so it would be considered as a case of force majeure. Therefore, it can be concluded that there were deviation and legal violation of land acquistion, waste management, and the h...
The problem of water shortages faced by many countries including the country that having sufficie... more The problem of water shortages faced by many countries including the country that having sufficient water source needs to be provided a practical engineering solution. The reliability analysis of rainwater harvesting system (RWHS) installed at the commercial building of AEON Taman Universiti located in Johor Barhu city of Malaysia was based on the rainfall pattern, rainwater use and rainwater storage tank. The economic analysis using the net present value (NPV), return on investment (ROI) and benefit-cost ratio (BCR) was performed to assess the optimal management of RWHS installed during the period of construction and retrofitted after the operation of commercial building. The results showed that the balance of water supply and demand is reliable to implement the RWHS and the optimal management of 1000-m3 RWHS tank installed during the construction could be more promising than that retrofitted after the operation of AEON Taman Universiti commercial building. The operation of RWHS in...
JURNAL ILMIAH LIVING LAW, 2020
The purpose of this study are: 1) To find out and analyze the principle of compliance in carrying... more The purpose of this study are: 1) To find out and analyze the principle of compliance in carrying out a Temporary Appointment Work Agreement system in the Bogor area. 2) To find out and analyze steps to improve the fate of workers in a Temporary Appointment Work Agreement system in the Bogor area. The research method used in this research is normative juridical research and sociological research. The results of this study are: 1) The principle of compliance in carrying out the system of Temporary Appointment Work Agreement in Bogor Regency and Bogor City, in practice there are still frequent violations, due to unclear rules regarding the application of a Temporary Appointment Work Agreement (PKWT). 2) Measures to improve the fate of PKWT system workers, in terms of legal structure refer to the form and position of legal institutions contained in the labour law system. For workers who are not in accordance with the laws and regulations, for the sake of law will change to PKWTT, which...
JURNAL ILMIAH LIVING LAW, 2020
This study aims to find out and analyze the mechanism of procurement of food supplies, and the ac... more This study aims to find out and analyze the mechanism of procurement of food supplies, and the achievement of justice for prisoners of the Police and Penitentiary. The research method used in this study is normative juridical research. The results of this study are: 1) The mechanism of procurement of prisoner food supplies Police and Penitentiary, has sought to fulfill the right of prisoners to food in accordance with applicable standards and also Minister of Law and Human Rights regulations Number M.HH-01.PK.07.02 of 2009. This can be seen from timely food supply and is served three times a day by the Police and Penitentiary even though the menu presented is less varied when viewed from nutritional adequacy figures due to budget constraints, 2) Procurement of goods and services in the field of eating food of police and Penitentiary detainees to achieve justice, the authority of the Budget User Authority (KPA) during the process of auctioning prisoner food ingredients. So based on i...
JURNAL ILMIAH LIVING LAW, 2019
This study aims: 1) To find out and analyze the development of fiduciary models for safekeeping o... more This study aims: 1) To find out and analyze the development of fiduciary models for safekeeping of goods from PT. Pegadaian to the debtor, 2) To find out and analyze the execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults. The research method used in this study is a normative juridical study that uses a qualitative approach. The results of this study are: 1) Development of the fiduciary model for safekeeping of goods from the PT. Pegadaian to the debtor, namely the Fiduciary Installment Credit System (KREASI), where the credit facility is subject to the provisions applicable to fiduciary law. Debtors who need funds do not hand over objects used as collateral to PT. Pegadaian as a creditor. 2) Execution of fiduciary guarantees at PT. Pegadaian if the debtor defaults, in the execution of fiduciary guarantees at PT. Pegadaian there are differences of opinion between PT. Pegadaian with the State Receivables and Auction Service Office (KP2LN). PT. Pegadaian states t...
QARDHUL HASAN: MEDIA PENGABDIAN KEPADA MASYARAKAT, 2019
Perkembangan masyarakat pada saat ini semakin maju dan semakin kompleks, yang berkaitan dengan pe... more Perkembangan masyarakat pada saat ini semakin maju dan semakin kompleks, yang berkaitan dengan perkawinan, pada saat ini tersiar di berbagai media yaitu dengan munculnya istilah kawin kontrak atau dalam istilah fiqih disebut dengan nikah mut’ah. Nikah mut’ah adalah bayar, bisa berupa uang ataupun barang dilengkapi dengan jangka waktu tertentu serta ketentuan-ketentuan lain.yang diatur dalam suatu kontrak atau kesepakatan tertentu. Hal tersebut tentunya sangat merugikan kaum perempuan dan keturunannya karena Dalam kawin kontrak si wanita yang menjadi istri juga tidak mempunyai hak kewarisan jika si suami meninggal..Solusi yang akan lakukan untuk menyelesaikan masalah yang dihadapi mitra yaitu: Penyuluhan kepada masyarakat mengenai pemahaman perkawinan di Indonesia. 2. Membentuk komunitas “paham hukum Perkawinan dengan warga. 3. Pembinaan warga sekitar agar dapat mensosialisasikan kembali gerakan paham hukum perkawinan kepada masyarakat sekitarnya. 4. Pembinaan keterampilan dalam pen...
IJASOS- International E-journal of Advances in Social Sciences, 2019
Cadastral is a system of registration of rights to the property of both movable and immovable bel... more Cadastral is a system of registration of rights to the property of both movable and immovable belonging to the Property Law, including the system of registration of land rights. In the Indonesian Customary Law System, there is separate ownership of land and buildings or houses, which are caused by different ownership of the legal subject of the owner and the legal subject of the owner of the house or building. As the customary legal system is not written, then the practice of separate ownership is not explicitly registered which indicates and provides the base of ownership to the land builder. In Minangkabau custom, there is heritage land called as Ulayat, which is controlled by tribes and administered by tribal administrators, each tribal family member can build a house on tribal land that is ulayat. Likewise, in North Sumatra known as the Sultan's Grant Land derived from the Sultan's Grant can be built a house or building separately of its ownership. The building of the house or building is not registered, but it is legally recognized. This customary law practice shows the recognition of building objects on land not the owner of the building. In the practice of apartment ownership, it is recognized that a housing unit is a separate object either vertically or horizontally with the foundation of the Flats Act which is de facto separate from the land, since the land is a joint or land owned together, but the registration of ownership of the unit the flats are incorporated in a certificate of ownership rights of the apartment units, this is because the apartment regime in the registration system is subject to the land law regime which raises many problems in society. This study aims to build the concept of legal vacuum in the form of the development of building cadastral system as an alternative solution to create legal certainty on the ownership of buildings, especially in buildings Flats due to time constraints rights to the Right to Build Building which is a common land. The research method used is the normative juridical method by looking deeper into the legal postulates against the establishment of a property registration regime on buildings that are an integral part of the flats in which there is a right to unit units of flats, shared parts, shared objects, and land together.
IJASOS- International E-journal of Advances in Social Sciences, 2019
Background-The idea of establishing a land bank as an alternative provision of land for the publi... more Background-The idea of establishing a land bank as an alternative provision of land for the public interest includes construction of roads and bridges, irrigation, other public facilities and infrastructure such as markets not initially for housing. Some studies of land banks have been directed to the provision of land by the government as an elaboration of the mandate of the agrarian constitution, the right to control the country where the state regulates land use, use, supply and maintenance. Due to the higher land prices, even the land has been used as a business commodity, investment and even speculation has created difficulties for the people to get access to land in urban areas in particular, due to the increase in land prices and limited land ownership by the government has resulted in barriers to development for the development of housing for low-income people, because of the limited ability of the people to buy land for housing development. Although on the other hand the government launched the provision of one million houses in one year. One of the steps taken is the development of rusunami (private flats) and rusunawa (rental flats), but still there are limitations on the availability of land. The development of the concept of land bank is an alternative where the provision of land for housing development becomes the main function of the land bank, in addition to other tasks. The research question is how is the concept of developing land bank institutions to provide land in order to build affordable housing for low-income people with a land legal system approach in Indonesia? This study aims to analyze and find solutions to the availability of land for the benefit of building people's houses from aspects of land tenure, legal certainty, and land use for the public interest. From this research, it is expected to generate thoughts about the development of land bank institutions that function as land suppliers for affordable housing development for low-income people. The research method uses a normative juridical approach that sees secondary legal material as a research basis. Primary legal materials are used to look deeper into the authority of the State Control Rights as a way to provide access to land provision for affordable housing development, among others by conducting land redistribution or land consolidation. Primary data can also be used as additional information to be able to describe the solution of the direction of research by comparing the number of land holdings, house prices, and the ratio of the ratio of people's income to the availability of affordable housing. The findings of this study are the down streaming of previous research for 8 years to open up access for low-income people to have affordable housing without having to buy land with the development of land bank institutions. Housing ownership without buying land is given proof of building ownership rights certificate (SKBG) which is a follow-up research including certification models, cadastral models, and institutional cadastral buildings in the building legal system as the development of land law. The ownership of buildings and development of building laws that are not yet well known because they should have independence.
JURNAL ILMIAH LIVING LAW, 2018
Development for public interest requires the land for which the procurement is carried out by pro... more Development for public interest requires the land for which the procurement is carried out by promoting the principles contained in the 1945 Constitution of the State of the Republic of Indonesia and national land law, including humanitarian principles, justice, benefit, certainty, openness, agreement, participation, welfare, sustainability , and alignment in accordance with the values of nation and state. Land acquisition for Ciawi and Sukamahi Dam Projects implemented by the Government, in fact resulted in compulsion, where the Government was forced to buy the land due to the program and so the landowner had to relinquish the land for the program's interest. However, in principle, the procurement of the land must continue to benefit the community as the owner of the land affected by the development program of public interest by applying the balance principle in the provision of compensation that is economically and socially more profitable to realize a sense of justice, improv...
JURNAL ILMIAH LIVING LAW, 2021
The objectives of this study are 1) To identify and analyze the concept and politics of enclaving... more The objectives of this study are 1) To identify and analyze the concept and politics of enclaving abandoned land ex-land use rights (HGU) in Indonesia 2) To find out and conduct legal analysis regarding the development of an enclaving model of abandoned land ex-land use rights (HGU) of PTPN VIII for the development of a Pondok Pesantren business in the Bopunjur area. The research method used in this research is normative juridical analysis research with a qualitative approach combining secondary legal materials with primary legal materials so as to produce a fact analysis that occurs in the field. The results of this study are: 1) the concept and politics of enclaving on ex-plantation and agricultural land in the Bopunjur area can be utilized as a business development for a Pondok Pesantren, taking into account the 3-year period the land is not suitable for its purpose. And even tend to be neglected or have experienced several cultivated operations. 2) an enclaving development model...
DE'RECHTSSTAAT
Of the title "The Legal Paradigm of the properties on the strata title ownership built above... more Of the title "The Legal Paradigm of the properties on the strata title ownership built above the land with the Right to Cultivate Ownership" research objectives to be at said is knowing why the legal construction of the right material from the strata title built on land rights, attached to the Rights of material the building as common property rights and know how reconstruction material rights on the Strata titles built on building rights or rights of use that reflects justice and legal certainty. With the concept of methodologies theories and research approaches, as well as of the problems of this study concludes that there are a couple of things. First by sticking the land rights of the unit, then Strata titles have a dependency on the bottom right HGB as with all buildings owned and also can weaken the property rights of apartment units as the strongest and most, but became assessors of HGB. This situation raises a negative implication in the community and has creat...
BESTUUR
This study aimed to find out Land Bank's land supplies to provide land for affordable housing... more This study aimed to find out Land Bank's land supplies to provide land for affordable housing and establish community paradigm for ownership in which building separates from its property. The study was performed using a mixed methodology; namely informative where the primary legal material as a legal framework of housing construction is highlighted by considering legal research conducted with simple legal norms with attention to primary data such as land tenure, land availability, and the amount of housing backlogs that extended to help research. Quantitative data used as a measure of flaws in the application of drugs and legal framework, so that all legal resources can be supplemented with quantitative and qualitative data to find alternatives and open access for LIPs' houses. Keywords: Land Supply; Land Bank; Affordable Housing.
Tropical peatland ecosystems of Indonesia provide direct economic benefits to the local communiti... more Tropical peatland ecosystems of Indonesia provide direct economic benefits to the local communities and act to maintain the local weather patterns. The impact of burning tropical peat swamp forests of land clearing for palm oil plantations can have significant consequences on the change in the characteristics of peat soil. The aim of this study was to determine the physical, chemical, and biological properties of the peat soils by the field and laboratory testing and analysis for understanding a change in the nature and characteristics of the peatlands at four locations in the Pelalawan regency of Riau province. The results showed that the effect of burning peat swamp forests can lead to a change in the physical, chemical, and biological properties of the peat soils. Soil permeability and soil microbial population can significantly decrease with increasing of the fire severity. The effect of different fire severities on the characteristics of peat soil are verified to contribute to ...
ACS ES&T Water, 2022
The problem of water shortages faced by many countries including the country that having sufficie... more The problem of water shortages faced by many countries including the country that having sufficient water source needs to be provided a practical engineering solution. The reliability analysis of rainwater harvesting system (RWHS) installed at the commercial building of AEON Taman Universiti located in Johor Barhu city of Malaysia was based on the rainfall pattern, rainwater use and rainwater storage tank. The economic analysis using the net present value (NPV), return on investment (ROI) and benefit-cost ratio (BCR) was performed to assess the optimal management of RWHS installed during the period of construction and retrofitted after the operation of commercial building. The results showed that the balance of water supply and demand is reliable to implement the RWHS and the optimal management of 1000-m 3 RWHS tank installed during the construction could be more promising than that retrofitted after the operation of AEON Taman Universiti commercial building. The operation of RWHS installed during the construction of building is obviously more feasible due to the values of NPV, ROI and BCR tend to be high. The reliability and economic analysis of RWHS installed during construction and that retrofitted after operation of commercial building demonstrated the benefit of RWHS installation will contribute to the future of building design for achieving an effective water management.
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Papers by martin roestamy