Publication Search

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.

Law enforcement of road transportation traffic is one of the important aspects in maintaining road safety and order. However, the effectiveness of monitoring and evaluating the performance of Civil Servant Investigators (PPNS) in law enforcement is often hampered by unstructured processes and lack of transparency in reporting. This research aims to analyze the role of information technology (IT)-based system development in improving transparency, efficiency, and accountability in monitoring and evaluating PPNS performance. This research uses a qualitative method with a case study approach, which involves analyzing the application of information systems in institutions that handle traffic law enforcement. The results showed that IT systems can improve transparency by providing clear and real-time data access, increase efficiency by speeding up data processing and analysis, and strengthen accountability through auditable digital records. The study concludes that the development and implementation of IT systems in the oversight of PPNS performance not only improves the effectiveness of traffic law enforcement, but also strengthens the integrity and public trust in the institutions that carry out these tasks. The implementation of IT systems is expected to be a strategic solution in improving the quality of public services in the field of traffic law.

Settlement of land cases through mediation carried out by the Land Office of Boalemo Regency refers to Regulation of Agrarian Affairs Minister and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning Handling and Settlement of Land Cases. Mediation as an alternative for resolving land cases, it is necessary to popularize "mediator". A mediator must know psychologically the condition of the parties, so that they feel comfortable and the problem is resolved comfortably. In addition, the mediator must have analytical skills and expertise in creating a personal approach for the parties involved in the dispute. The mediator must be able to understand and give a positive reaction to the perceptions of each party. The goal is to build good relationships and trust. The parties' trust in the mediator makes it easier to reach a consensus. The priority regarding the purpose and function of the mediator is to resolve land cases in order to resolve cases without creating new ones. The research method that the author uses in this study is the empirical juridical law method, empirical juridical law is a study in addition to looking at the positive legal aspects, it also looks at its application or practice in the field. Thus the empirical juridical approach is a legal research method that seeks to see the law in a real sense or it can be said to see, examine, how the law works in society. The results shows that the handling and settlement of land cases through mediation at the Land Office of Boalemo Regency Land Office is done and carried out based on the Agrarian Affairs Minister Regulation and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning Handling and Settlement of Land Cases. Constraints faced in handling and resolving land cases through mediation at the Land Office of Boalemo Regency are in the form of juridical and non-juridical constraints. The juridical constraint is the technical instructions for the mediation procedure referred to by the regulation have not yet been published, while the non-juridical constraint is in the form of limited qualified human resources as mediators. Based on this, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency in the future must make structured, systematic and massive improvements to the mediation process by immediately issuing technical instructions and improving the quality of human resources in terms of being a mediator through guidance, training and direction.