Tadulako Master Law Journal

PERLINDUNGAN HUKUM BAGI KREDITUR TERHADAP PERJANJIAN KREDIT KONSTRUKSI

2025-10-04T15:57:52+07:00

This development requires financing in the form of construction loans, which are usually facilitated by financial institutions or banks for the implementation of the construction project. The existing regulations in Indonesia must be obeyed and implemented properly, especially for law enforcers, so as to provide legal protection for the community. Therefore, the need for legal protection makes it easy to face a problem related to the law. The creditor agreement process, be it construction credit, is always followed by an agreement and additional guarantees as protection for the bank that the debtor will carry out its achievements according to the agreement. In this study, it is a form of legal protection for creditors that can be provided to creditors in construction credit agreements. The credit given to the debtor is, of course, additional collateral given to the creditor, but the debtor's payment is not sufficient for credit payments, especially construction credit agreements. Construction credit agreements have the peculiarity of involving the object in the form of the implementation of construction projects whose development is long-term and gradual. The cause of the implementation of the construction project is hampered by natural factors and human factors. In addition, creditors' efforts to resolve disputes in construction credit agreements, where it is common for debtors to not agree to the settlement efforts given by creditors, defaults, non-tax collateral values, project delays, etc. The research methodology uses the normative legal research method. The source of the research approach is the legislative approach and the concept approach with primary, secondary, and tertiary sources of legal materials. The results of this study are that legal protection for creditors can be strengthened through creditors paying attention to the terms of credit, the position of additional guarantees, and the need for clearer regulations and legal certainty related to legal protection for creditors in credit agreements between creditors and debtors. In the creditor's efforts to resolve disputes in construction credit agreements, that can be carried out such as by means of negotiation aimed at preventing disputes from developing further and avoiding greater losses for both parties in the settlement of the credit agreement so that civil lawsuits are not filed in the District Court. The results of this research can provide input for the improvement of laws and regulations in the banking world, protection for creditors, and efforts to resolve banking disputes.

ANALISIS TERHADAP STATUS HUKUM ANAK AKIBAT LOKIKA SANGGRAHA MENURUT HUKUM ADAT BALI

2025-07-09T16:20:19+07:00

Indonesia, as a country rich in cultural and customary diversity, faces challenges in regulating marriage practices and Lokika Sanggraha, particularly regarding the unclear legal status of children born outside of legal wedlock. The inconsistency between customary law and positive law complicates the recognition of children's status and the implementation of sacred and magical customary marriages. The practice of Lokika Sanggraha, or cohabitation, which contradicts religious and moral norms, gives rise to various social and administrative problems, such as difficulties in obtaining identity documents, legal recognition, and inheritance rights for children. National provisions, such as the Marriage Law and the Population Administration Law, do not explicitly regulate the status and legal protection of children from extramarital relationships, thus triggering legal uncertainty and potential discrimination. This study aims to determine Balinese customary law in addressing the status of children resulting from Lokika Sanggraha. Using an empirical juridical approach in Parigi Moutong, it shows that conservative Balinese customs reinforce stigma and limit access for children, resulting from Lokika Sanggraha's customary rights and inheritance. Although the Child Protection Law guarantees the right to identity, education, and protection from discrimination, the absence of clear regulations regarding children resulting from Lokika Sanggraha results in weak legal certainty and regulatory enforcement. Therefore, legal consolidation that refers to the best interests of children between customary law and national law is needed through dialogue, education, and inclusive and progressive legal reform so that children's rights remain fairly protected.

TINDAKAN PENANGANAN TERHADAP DEMONSTRAN DALAM PERSPEKTIF HAK ASASI MANUSIA

2025-03-20T12:19:07+07:00

Artikel ini membahas bagaimana penanganan terhadap demonstran dilihat dari sudut pandang hak asasi manusia, dengan fokus pada aturan hukum dan prosedur yang mengatur aksi unjuk rasa di Indonesia. Penelitian ini menggunakan pendekatan hukum normatif, di mana berbagai peraturan dan undang-undang dianalisis, seperti UUD 1945, Undang-Undang Nomor 9 Tahun 1998 tentang Kemerdekaan Menyampaikan Pendapat di Muka Umum, Undang-Undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia, dan Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia. Penelitian ini menggarisbawahi peran ganda polisi, yaitu menjaga ketertiban umum sambil melindungi hak-hak konstitusional para demonstran. Hasil penelitian menunjukkan bahwa tindakan tegas dari polisi dapat dibenarkan dalam situasi tertentu, misalnya ketika demonstrasi berubah menjadi anarkis. Namun, tindakan tersebut harus tetap mematuhi prinsip-prinsip hak asasi manusia dan standar hukum yang berlaku. Studi ini juga menekankan pentingnya pedoman yang jelas dan tindakan yang proporsional dari polisi untuk menciptakan keseimbangan antara keamanan publik dan perlindungan hak asasi manusia.

ANALISIS DAMPAK LALU LINTAS UNTUK MEMASTIKAN KELANCARAN ARUS TRANSPORTASI DI KABUPATEN MOROWALI UTARA

2025-10-06T15:52:42+07:00

This study examines the urgency of Traffic Impact Analysis (TIA) in development projects to ensure safety and prevent traffic congestion on roads, particularly in new autonomous regions such as North Morowali Regency. As a newly established regency, North Morowali faces significant challenges in improving land transportation infrastructure, which is essential for development and economic growth. However, the pace of development must be integrated with the principles of sustainable development that balance development needs, economic growth, and environmental preservation, including the impact on land use. The method used is empirical juridical, which combines normative analysis (written and unwritten law/secondary data) regarding Andalalin regulations with primary data from the field to see how Andalalin is implemented in law enforcement regarding building construction. The results and discussion show that development, which encompasses material and human aspects, often creates a dilemma between economic growth and negative impacts on the environment and social inequality, requiring attention to issues of income distribution, poverty, and justice. In the context of transportation, any change in land use (such as the construction of office buildings, hotels, or other public facilities) has the potential to generate new traffic that disrupts the smooth flow and safety of traffic. Andalalin is a crucial instrument for predicting the traffic impact of regional development. It determines the necessary traffic engineering and infrastructure improvements (e.g., provision of sufficient parking space). It aligns land use decisions with traffic conditions, in line with the principles of sustainable development. Therefore, Andalalin is a strategic and fundamental requirement that must be strictly implemented in North Morowali to ensure that physical infrastructure development can support economic acceleration without compromising safety, traffic flow, and environmental quality.

PERUBAHAN KEWENANGAN PENERBITAN IZIN USAHA PERTAMBANGAN (IUP) DALAM PERSPEKTIF KEADILAN LINGKUNGAN

2025-07-15T12:01:54+07:00

This study analyzes the shift in licensing authority for Mining Business Licenses (MBL) from the perspective of environmental justice, focusing on environmental protection, community participation, and local government rights in natural resource governance. Using a normative juridical approach and a case study in Central Sulawesi, the research reveals that recentralization policies weaken local governments and limit public engagement, especially among indigenous peoples and vulnerable groups. The distancing of licensing processes from local access undermines procedural justice and reinforces corporate dominance. Although environmental regulations exist, their implementation remains weak due to poor coordination and limited enforcement capacity. The consequences include environmental degradation, social conflict, and intergenerational injustice. The study concludes that the current licensing regime undermines the principles of decentralization and public participation and recommends strengthening the role of local governments and ensuring legal protections for community involvement in fair and sustainable mining governance.

PERSETUJUAN TERTULIS MENTERI DALAM NEGERI TERHADAP PENETAPAN PERATURAN DAERAH DAN PERATURAN KEPALA DAERAH OLEH PENJABAT BUPATI

2025-07-07T13:36:16+07:00

This study aims to comprehensively examine the legal basis, procedures, and implications of the written approval mechanism given by the Minister of Home Affairs for the stipulation of Regional Regulations and Regional Head Regulations by Acting Regents. In the context of regional autonomy, this study emphasizes the importance of regional regulations as a tool to achieve equitable public welfare and accelerate the democratization process in the regions. Regional autonomy gives authority to local governments to regulate and manage government affairs and the interests of local communities in accordance with the provisions stipulated in the 1945 Constitution of the Republic of Indonesia and Law Number 23 of 2014 concerning Regional Government. This research also emphasizes the urgency of filling vacant regional head positions, which are part of the government structure needed to achieve state goals collectively and continuously. Thus, the acting regent has an important role in carrying out the duties and authorities necessary to achieve these goals. The results of the research are expected to provide input for the improvement of laws and regulations related to the formation of regional legal products, as well as provide recommendations to the central government and local governments to improve the written approval mechanism to make it more effective and efficient. This research is expected to contribute to increasing the effectiveness of regional autonomy and legal certainty in governance in Indonesia.

IMPLIKASI REKOMENDASI PENANGANAN PELANGGARAN ADMINISTRASI PEMILIHAN TERHADAP PERWUJUDAN PEMILIHAN DEMOKRATIS

2025-10-07T09:45:35+07:00

This study aims to determine the implications of recommendations for handling violations of election administration on the realization of democratic elections and the legal character of recommendations for the results of handling violations of election administration. This research is a type of normative research using a theoretical approach, a legislative approach and a conceptual approach. Based on the results and discussions, in this study, it can be concluded that: (1) The authority of Bawaslu in receiving reports, clarifying, and issuing recommendations is not only a form of carrying out constitutional and legal duties, but also a tangible manifestation of participatory supervision involving the community. 2) The legal character of recommendations on the results of handling administrative violations in the election is still in a position that is not fully firm, both normatively and implementively. Although legally the formal recommendation of Bawaslu has an imperative nature because it contains an obligation to be followed up by the KPU, in practice there is still an interpretation gap that allows the KPU to re-examine the substance of the recommendation. The Constitutional Court Decision Number 104/PUU-XXIII/2025 is an important foundation for the reform of election law, which emphasizes the need to change the phrase "recommendation" to "decision", as well as the equalization of legal force between administrative violations in the election and election regimes.