Legal Reconstruction in Indonesia Based on Human Right
Anual Program of International Conference This is our fifth International conference and call for paper held by Faculty of Law, Sultan Agung Islamic University. This annual conference tries to gain any information and studies done by academician and practitioner to be discussed as guidelines to exchange and discus views on the most important recent on Legal Development happens in both developed and developing countries and its role in shaping a good future, and to discuss the challenges and practical aspects in integrating competition law enforcement and guidelines to develop legal state in accordance with the diversity of all countries around the world. We hope this conference brings benefit for both participants and our faculty
FULFILLMENT OF TEACHER PROTECTION RIGHTS
In the implementation of the educational process, the school can be said as a second home for students, so the figure of the teacher in the school can be said to be a parent figure for the students in the school environment. Teachers as one of the most important figures in the world of education, in reality, still do not get protection, especially optimal legal protection from the government, where empirical facts show that there are still no handling mechanisms when problems occur between students / parents / families and teachers in carrying out their professional duties. The obligation to provide legal protection to teachers in carrying out their professional duties, especially placed on the government, both the central government and regional governments. This study examines what efforts can be made by the Government in accommodating the fulfillment of the right to get equitable legal protection to teachers. Through descriptive analytical research methods with a sociological juridical approach and data collection techniques carried out by interviews and focused discussions obtained research results that to provide fair legal protection requires a legal reconstruction in the Law on Teacher Protection that mandates every Local Government needs to form an institution which has the role of carrying out a policy of preventing and dealing with teacher problems in carrying out his profession by establishing a mechanism to handle it comprehensively by involving several interested parties. So that it can provide a sense of justice that holds to the truth, is impartial, impartial, and not arbitrary. Â
Copyright (c) 2019 Legal Reconstruction in Indonesia Based on Human Right
Legal Reconstruction Of Laws Regarding Human Rights Through Judicial Review To The Constitutional Court
This research on legal reconstruction of laws that conflict with human rights through judicial review to the Constitutional Court, is a normative legal research study using secondary data in the form of primary legal material in the form of the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Law, Human Rights Law, Constitutional Court decisions, and material Secondary law in the form of research results that have been done by previous researchers. This study aims to analyze the normalization of human rights in the 1945 Constitution of the Republic of Indonesia and the Human Rights Law, and find legal reconstruction of laws that conflict with human rights through a judicial review to the Constitutional Court. Studies show p enormaan Human Rights In 1945 the Constitution NRI loaded in the articles of the 1945 Constitution of the Republic of Indonesia, namely Article 26 paragraph (1), Article 27 paragraph (1) and paragraph (2), Article 28, Article 29, Article 30, Article 31, Article 33 and Article 34, and Article 28A through Article 28J, while in Law no. 26 years 199 9 Human rights are divided into 10 groups, namely: (1) Right to Life, (2) Family Rights and Continuing Progeny, (3) Right to Self-Development, (4) Right to Justice, (5) Right to Personal Freedom, (6) Right to Sense of Security, (7) Right to Welfare, (8), Participation Rights in Government, (9) Women’s Rights, and (10) Children’s Rights. Each of these human rights groups is further elaborated on what provisions constitute human rights and must be protected. For example, the right to life group consists of: (a) the right to live, maintain life, and improve living standards; (b) the right to peace, security, peace, happiness, physical and spiritual well-being, and (c) the right to a good and healthy environment. Reconstruction of the law against laws that conflict with human rights through a judicial review to the Constitutional Court can be realized by fulfilling the following requirements: (1) Submitted by legal subjects with human rights who meet the legal standing namely Indonesian Citizens / Citizens Groups or customary law communities, (2) Test stones (foothold ) konstitus ional is a human rights provisions in the Constitution NRI 1945, and (3) type pu decision- taken is dikabu the fish, constitutional conditionally constitutional, conditionally unconstitutional, limited constitutional and formulation of new norms.
Legal Analysis Of Social Security Transformation And The Reality Of Its Implementation In The Community In Indonesia
Social security is the right of every person whose fulfillment is guaranteed by the constitution and legislation in force. The implementation is mainly related to government efforts in poverty alleviation, which are carried out in stages in accordance with the ability of the state, private sector and the community in its financing. In Indonesia social security undergoes a transformation process after the promulgation of Law Number 24 of 2011 concerning BPJS (BPJS Law). This transformation process will affect the continuity of the implementation of social security programs in the future. This article uses the normative juridical method, namely legal research on library materials by searching the laws and regulations and literature relating to the history of social security in Indonesia, the transformation process and the reality of its implementation. Research is analytical descriptive, that is, describing laws and regulations, scientific studies relating to the realization of social security in Indonesian society and the transformation of the social security system. The approach used is the statutory approach (statue approach). Secondary data collection methods through the study of library materials, which include: primary legal materials, secondary legal materials and tertiary legal materials. The results of the study are the reality of the implementation of social security in the community in Indonesia, is still a word that is still considered taboo in society. This is reflected in several facts that can be seen in responding to or assessing social security provided by the state. In communities where the place of residence is still in the rural sphere is often less touched by the importance of a social security to them. Transformations that occur in the social security system in Indonesia, towards the Social Security Organizing Agency (BPJS), namely: PT. ASKES (Persero) changed to BPJS Health, PT (Persero) JAMSOSTEK changed to BPJS Employment, PT (Persero) ASABRI completed the transfer of the ASABRI program and pension payment program to BPJS Employment, PT TASPEN (Persero) will complete the transfer of the Old Age Insurance program and the Program pension payments to BPJS Manpower. The next process is the dissolution of PT ASKES (Persero) and PT (Persero) JAMSOSTEK without liquidation. While PT (Persero) ASABRI and PT TASPEN (Persero) are not explicitly determined in the BPJS Law.
Copyright (c) 2020 Legal Reconstruction in Indonesia Based on Human Right
Increasing Voluntary Compliance Of Tax Payments In Micro Small And Medium Enterprises (Msmes) Post-Issuance Of Government Regulation Number 23 Of 2018 (Case Study In Semarang City)
Increasing the voluntary compliance of Micro, Small and Medium Enterprises (MSMEs) actors needs to be improved. Based on data from the Central Statistics Agency (BPS) in 2017, the contribution of MSMEs reached 61.4% of the total Gross Domestic Product (GDP). MSMEs also absorb employment of almost 97% of the total national workforce, with the number of MSMEs reaching 60 million units. However, when compared with the contribution of MSMEs to tax revenues, there is a miss-match where the contribution of MSMEs to tax revenues is very small, which is approximately 1% of total tax revenues. The imbalance in the contribution of MSMEs is an indication that the level of compliance of MSMEs in fulfilling their tax obligations is very low. Data in this research will be obtained by field observation, interview and questionnaire. Resource persons and respondents in this study include the parties involved in the making of regulations and management of SMEs. Increased voluntary compliance through the legal policy of imposing MSME’s Income Tax is expected to justify taxation policies, while considering the applicable variables in making a good tax policy, through harmonizing aspects of tax collection justice with efforts to encourage voluntary compliance and MSME growth. The results of this study indicate that (1) the tax rate for MSMEs of 1% of turnover is quite burden some for MSME players. In addition to the large tax rate, their lack of understanding of tax obligations and the limitations of their human resources to take care of taxation are also obstacles for them to comply with tax payment obligations. (2) MSMEs actors appreciate the new tax rate for MSMEs as much as 0.5% of turnover contained in PP No. 23 of 2018. They hope that the socialization of MSME taxation can be obtained immediately so as to support them to comply with tax obligations. (3) in order to encourage compliance, it is necessary to increase the benefits of tax payments for the growth of MSMEs.
Legal Analysis Of Racist Exams In Surabaya Papua Dormitory
Freedom of speech is not arbitrary. If it is not controlled, the utterance that is said will offend the other party. Must be avoided because the response given by the recipient of the utterance can be with verbal expressions, physical actions and even destructive. Legal analysis of racist utterances in Papuan dormitories in Surabaya includes: 1) Flag Abusers, 2). Officials Should Act Professionally, 3). Perpetrators of Racial Examination at the Time of the Event, 4). Flag Harassment with Racist Exams Two Different Things. As for his conclusion that the impact caused by the mass reaction in the Papuan hostel proved to have caused extraordinary social problems and the threat of national disintegration. Based on the matters that have been reviewed above, it is proven that legal instruments are sufficiently available to impose sanctions, both corporate criminal and fine. There must be sanctions that can accommodate people’s sense of justice against those who are proven guilty so that similar actions do not occur again in the future.
Reconstruction Of Misdemeanor SettlementBased On Pancasila Value
Misdemeanor is still processed using conventional trial in Indonesia, despite a very small loss generated. Supreme Court takes a stance to the slow process of amending KUHP (Penal Code) by publishing Supreme Court’s Regulation (Perma) No.02 of 2012 about the Adjustment of Misdemeanor limit and Fine Size in Penal code. Perma No.02 of 2012 is the legal product issued by Supreme Court intended to the Judge. The position of Polri (Republic of Indonesia’s Police) and Attorney as public prosecutor cannot be subjected automatically to Perma No.02 of 2012. The Judge assessed the presence of Perma No.02 of 2012 as a non-binding regulation so that its implementation can be overridden. Kinship culture to settle has not developed yet within society, as indeed there has been no legal foundation governing it. This research recommended the reconstruction of Penal Code by giving an opportunity of schikking between the accused or the defendant and the victim of misdemeanor. This schikking use is the imposition of restitutive sanction, giving more advantages, justice, certainty, and legal equilibrium.
Urgency Of Legal Assistance For Poor People As A Request Of Human Rights
Realizing constitutional rights (equality before the law) and access to justice (access to law and justice) as one of the manifestations of Community Rights for the poor granted by the state is the mandate of the constitution. The regulation regarding legal aid has been issued by the state with the emergence of Law The Constitution of Legal Assistance No. 16 year of 2011 concerning legal aid and is strengthened through the 1945 Indonesia Constitution in Article 28D paragraph (1) of the 1945 Constitution which states that guarantees that everyone including those who are unable to have the right to get access to justice so that their rights to recognition, guarantees, protection and legal certainty that are fair and the same treatment before the law can be realized. Normally regulations have been made for recognition, guarantees, legal protection, but the regulations made have not been effectively implemented so that the meaning of equality before the law and access to law and justice is unsure. The ineffectiveness of the application in providing legal aid is a legal issue that needs to be studied in order to find out the problem causing why the ineffectiveness of legal aid provision that can later be used as a facilitator for optimizing the provision of legal aid This article will explain systematically and scientifically using juridical-empirical methods that taking location in Semarang Regency, the sample includes the Social Service, the district court, the legal section of the Semarang Regency secretariat and advocate organizations. Based on the results of the study there are problems in the application of providing legal aid in the community, which makes the provision of legal assistance to the community to be ineffective, due to the absence of local regulations as a facilitator of optimizing the provision of legal aid in order to realize the citizens’ constitutional rights (equality before the law) and Access justice (access to law and justice) for the poor
Reconstruction Of Article 156 Paragraph (1) Of Law Number 13 Year 2003 Regarding Manpower As A Guideline For The Provision Of Workers’ Rights Based On Justice
In the global era, the course of the economy is certainly conducted by employers and workers. But the work relationship with the work agreement is not always smooth. There are several disputes over industrial relations that are resolved through legal channels. In general, industrial relations disputes are resolved using Law No. 13 of 2003, but there are still many weaknesses inside, the regulation can be distorted and overlapping, and causing legal uncertainty, especially in Article 156 Paragraph (1). The purpose of this study is to carry out reconstruction in Article 156 Paragraph (1) to fulfill the element of justice for workers. This research was conducted using the constructivist research paradigm. The results of the study, to minimize legal uncertainty and ambiguity in making legal decisions, Article 156 Paragraph (1) needs to be emphasized by adding the length of time given the rights of fired workers and reasons for layoffs who are entitled to workers’ rights.
Problematic Presidential Electoral Threshold In The Operation Of Value-Based Simultaneous Justice
Presidential candidates nominated by political parties or coalition of political parties at a threshold of 20% of seats in parliament, or 25% of the valid votes nationally. The percentage threshold is determined by the results of previous elections. Election 2019 was held simultaneously between Presidential and legislative elections. It is considered unfair because only the party who competed in the 2014 elections who can nominate Presidential candidate, while a new political party can not. There needs to be an analysis of the provisions of the presidential threshold in order based on justice. In this paper are the issues to be discussed in this paper, the issues to be analyzed is a regulation of the presidential threshold in the legislation that never applies in Indonesia, Pendektan research is a normative legal research using secondary data. Based on the analysis carried out concluded that the presidential regulation threshold change along with political developments. Problematics relating to the presidential threshold is first, irrelevant and unfair because the elections held simultaneously, both the determination of the presidential threshold is unfair because it does not provide the opportunity of new political parties to nominate candidates for president, third, there will be negotiations Presidential candidate by a political party bearer, causing The president-elect is very dependent on the political forces in Parliament. Of these problems then, presidential threshold should weigh the public sense of justice and fairness as a political party voters. The democratic system can not be built without constituted the same right in every election, because in a democratic system only provides the same opportunity (equal opportunity) and not the same result (equal result). Therefore, in the upcoming elections do not need to be provisions presidential threshold.
Reconstruction Of Criminal Sanction And Rehabilitation Combating On Narcotic’s Victims Based On Religious Justice
During this time, law enforcement officials tend to impose criminal sanctions for victims of drug without rehabilitation but instead provide criminal sanctions such as prison. Without the detoxification process through medical and social rehabilitation process, they will soon be back looking for narcotics so out of prisons because of the association in the increasingly severe prison, As described in Act No. 35 of 2009 on Narcotics Article 54 that the rehabilitation of abusers of Narcotics; “Addicts Narcotics and Narcotics abuse on victims to undergo mandatory medical rehabilitation and social rehabilitationâ€. It is strengthened by the Supreme Court Circular No. 04 of 2010 concerning the Placement, Victims and Narcotic Addict Into The Rehabilitation Institute of Medical and Social Rehabilitation. Because of their position in this case is the victim, not the dealer let alone active users is appropriate that they get special treatment before the law. Law enforcement officials are supposed to be representatives of God on earth to be a judge and establishing the truth, fairest, it erred in sentencing. Besides religiously also does not reflect the nature of God’s servants who are wise and fair.
Study of the theory of Legal Protection Against Online High Yield Investment Program Contracts in Indonesia (HYIP)
One internet business that offers convenience and with large profits is investing in the High Yield Investment Program (HYIP). HYIP offers a contract with a high percentage of profits to consumers (investors) within a certain period. Contracts in online HYIPs are electronic contracts (e-contracts). Based on law no. 19 of 2016 concerning amendments to law no. 11 of 2008 concerning information and electronic transactions. The problem raised is about the comparison of electronic contracts in Law Number 19 of 2016 with contracts in the Civil Code and studies from the perspective of the theory of legal protection of online HYIP defaults in Indonesia. This research used the method of normative juridical legal approach, or library law research, which is legal research conducted by examining literature or secondary data. The research results obtained are that the electronic contract as regulated in Act No. 19 of 2016 when compared to the contract as regulated in the Civil Code, then both are the same. Online HYIP contracts still appeared vaguely in fulfilling the legal requirements of the contract, so that the HYIP contract could be said to be valid under Indonesian civil law, then the online HYIP contract must fulfill the legal requirements of the contract stipulated in Article 1320 of the Civil Code. Therefore to decide whether the contract is valid or not, one needs to look at the contract one by one because it couldn’t be concluded that all online HYIP contracts are legal or invalid. Legitimate online HYIP contracts according to Article 1320 of the Civil Code have legal force. The existence of the legal force, then there is also protection for the parties making the contract. Legal protection in online HYIP contracts is regulated in the Civil Code, Law No. 8 of 1999 concerning consumer protection and Law No. 11 of 2008 concerning information and electronic transactions which then there are some changes contained in Act Number 19 of 2016 concerning Amendments to Act Number 11 of 2008 concerning Information and Electronic Transactions.
Law Reconstruction Of Registration On Fiduciary Obligation Based On Justice Value
Fiduciary term that has long been known in the Indonesian language. Similarly, the term is used in Act No. 42 of 1999 regarding Fiduciary. In the terminology of the Dutch term is often referred to in full, namely Fiduciare Eigendom Overdracht (FEO), namely the delivery of property rights in the trust. While the English term is called Fiduciary Transfer of Ownership. Background onset of fiduciary institutions, as set out by the experts is because the statutory provisions governing the institution pawn contains many flaws, does not meet based on developments in its history. Fiduciary originated from an agreement that only is based on trust. But over time in practice the necessary legal certainty to protect the interests of the parties and the needs of society.
Reconstruction Of Transport Regulatory On Marine Toll To Support Sea Connectivity Based On Pancasila Justice
The idea of marine toll is an attempt to realize the first Nawacita that is strengthening Indonesian identity as a maritime country and the third of Nawacita, that is to develop Indonesia from the periphery to strengthen these areas and villages within the framework of a unitary state, in addition to the marine toll is also a confirmation that the country is actually present to all areas through ships that visited the region. Accelerating infrastructure development in particular the implementation of toll expressway connectivity of sea or ocean (sea connectivity) if it can be done well it will be able to unite the archipelago by sea, especially to unite Indonesian islands in one national connectivity. Based on the documents of the National Medium Term Development Plan (RPJMN) 2015-2019, in the framework of the development of national connectivity to achieve a balance of development, the government has set a target increase of 24 strategic ports to support marine toll program. The marine toll presence is expected to drive the wheels of the economy efficiently and equitably so that Pancasila justice can be realized.
Reconstruction Of Scientific Investigation In Indonesia Based On Justice
The purpose of this study is to analyze the process of scientific investigation in Forensic Laboratory (Forlab), the empowerment of scientific investigation by investigators, obstacles faced and finding scientific investigation based ideal of justice. This study uses empirical juridical approach that is related to the professional investigators and forensic laboratory examiner in conducting scientific investigations, also used a qualitative approach of the source of primary data and secondary data, then analyzed with systematic discussion as concluded. The problem is analyzed with proof theory and the theory of legal certainty so that it can be concluded find scientific investigation based on the ideal of justice.
Legal Construction On Training Ship Management Belongs To Human Resources Development Of Transportation (Bpsdmp) Based On Dignity Justice Value
President of the Republic of Indonesia, Joko Widodo stressed that in the coming year human resource development is a key priority in the government program (Nawacita) and focused on three things; positive character development, improvement of access, quality of education, development and match the link between industry and vocational education, one of them by adding a nautical school educational facilities with their training ship. Six (6) training ship construction started in December 2015 and completed in stages over two years to finance multi-year state budget until 2019. And finally Human Resources Development Of Transportation (BPSDMP) Ministry of Transportation in coordination with the Minister of maritime has ordered six (6) units training ship cadets that each measure approximately 1200 GT (Gross Tonnage) with a capacity of 300 people, which is built in harbor and the domestic industry by PT Steadfast Marine Pontianak. Coordinating Minister of Maritime also said that with the training ship would be easier for BPSDM to improve the quality of education Midshipman cruise who were taking education time official the country especially in the field of shipping, including also can help private schools and shipping academy that did not have a training ship for come to enjoy it. So the hope is able to bring high quality graduates and proud when recruited at the national and international shipping companies.
Reconstruction Of Legal Policy On Decency Crime In Indonesia Based On Pancasila Value (Lgbt Rehabilitation Institute For Children)
YKPN survey results showed that there are about 4000-5000 gay in Jakarta. Gaya Nusantara estimates there are 260.000 of the 6 million residents of East Java is Gay. Gays registered as members of the gay community in Indonesia there are 76.288. While Oetomo estimate, there is 1% of the Homosexual community in Indonesia. Connecting with LGBT victims rehabilitation treatment in children by agency or entity that has not been regulated in Article 292 of the Criminal Code following criminal sanctions if not carried out rehabilitation. Juridical empirical approach is used in hopes obtained a clear and complete picture of the background and the ins and outs of why the implementation of the children rehabilitation of LGBT’s victims urgent to be done and set in article 292 of the Criminal Code in the form of additional verse. Considering article 292 of the Criminal Code did not regulate and discusses how the continuation of children as LGBT’s victim and only focus on criminal prosecution against the perpetrators only. This sort of thing happens because the regulations have not explicitly regulate this issue. LGBT in Indonesia, including the diversion of moral and immoral acts in the category, but in the regulation of fixed elements deemed equal before the law properly human. Because justice remains true for all citizens with regard to the Pancasila values.
Legal Protection Against Indonesian Workers (Tki) In Abroad
Protection of migrant workers is all the effort the protection of the interests of prospective workers / migrant workers in realizing the fulfillment of their rights in accordance with the legislation, both before, during, and after work. Protection of migrant workers organized in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) 1990. In addition there are other international conventions. While the protection of migrant workers is regulated in Act No. 39/2004 on the Placement and Protection of Indonesian Workers Abroad, but this law is more concerned with procedural and procedures for the placement of workers abroad, and only slightly regulate the rights and guarantees the protection of the rights of migrant workers and members of their families. Besides the protection of migrant workers by the government based on the country’s constitution, as done by the Department of Foreign Affairs (MOFA) RI.
Recontruction Of Auction Execution Of Mortgage Object In Determine The Auction Price Based On Justice
This research aims to describe of the reason of problems that occur in the auction, especially in in determining prices based on limit values, and provide thoughts on the need for reconstruction in mortgage rights regulations and auction execution of mortgage rights. This research uses the paradigm of contructivism or legal contructivism, with a type of descriptive legal research. The method used is a empirical normative research methods, by using primary and secondary data. This research uses qualitative analysis. The results of this research are, that the reason of the determination of auction price has not been implemented based on the value of justice because there is no standard in determining criteria, method of determining auction prices, where the full authority rests with the creditor as the auctioneer, whereas the debtor does not have any role as the owner of the object, and there is no physical evidence provided to the debtor that the assessment has been done professionally. Based on this, there is a need for reconstruction of mortgage rights execution rules and auction of mortgage rights execution based on justice values.
Reconstruction Policy Of Sanctions Against Destruction Of Evidence Illegal Fishing Based Small Fishing Welfare Values
Indonesia has more than 2.6 million fishermen and 140 million people who depend on marine and coastal ecosystems for their livelihoods. Practice of Illegal Fishing Indonesia resulting in economic losses to ± 20 billion dollars per year, threatens 65% of Indonesia’s coral reefs from overfishing and turn off the Indonesian fishing opportunities to get 1 million tons of fish each year. Seeing the field of fisheries offenses and crimes, especially illegal activities, unreported, and unregulated (IUU) fishing in Indonesian waters is very alarming, because it needs to be taken strict measures and integrated by all relevant government agencies in order to eradicate it.In this case, in order to eradicate the practice of Illegal Fishing, President Joko Widodo Instruction and ordered the probation officers in the field can act decisively, one of which is the possibility of applying legal measures such as the sinking of the foreign vessels operating in the fishery management area of the Republic of Indonesia. In accordance with the mandate of Act No. 45 of 2009 on Fisheries in particular Article 69. However, if the penalty in accordance with the sinking of the social aspect, given the sunk ship still worthwhile to use. Why not handed over to the small fishermen through cooperatives so that the value of the benefit and welfare of small fishermen could increase.
Reconstruction Of Legal Policy Interfaith Marriage In Indonesia
The controversy about Interfaith Marriages continues throughout the history of marital law in Indonesian politics. Even today, Interfaith Marriages have not been Cleary and decisively regulated in Indonesian positive law, especially in Law Number 1 of 1974 concerning Marriage (UUP) the which is a Codification of the national marriage law that is applied in Indonesia. Such conditions of legal regulation, have given rise to a variety of legal and jurisprudential Interpretations of interfaith marriage laws, both of the which are granted, and Reviews those that reject the applications for Interfaith Marriages. Various research results show that Interfaith Marriages continue to occur in Indonesia by Exploiting legal loopholes and the diversity of Interpretations of the legal requirements of marriage According to religious law as stipulated in article 2 paragraph (1) UUP. This article will deliver an interpretation on interfaith marriage laws for over the years and the direction of a reconstructive legal policy in Indonesia.
Reform Of Couple Sexual Rights Protection In Case Of Diseases Hiv / Aids In Indonesia
HIV / AIDS cases in Indonesia has expanded to a population previously low-risk populations, namely Housewife. But this time the case is already on the highest position in the case of AIDS, namely 15 916, so it’s time to do the reconstruction laws unfavorable to women, as was done by some states in the United States. 1945 is already mandated in Article 28A, 2D Paragraph (1), 28I Paragraph (2), 28J Paragraph (1), and Law No. 23 of 2004 onElimination of Domestic Violence.Some legal theory offers an alternative to overcome the various problems that exist in the community, especially to raise the dignity, degrees, and the dignity of women in HIV / AIDS cases. Women are still considered to be a weaker party and keompok men as superior, so that is quite dominant in the household. Legal responsive Philippe Nonet and Philip Selznick, progressive law initiated by Satjipto Rahardjo, and Werner Menski with lagal pluralism approach, gives insights brilliantly to tackle HIV / AIDS in Indonesia were poured into a kebijakansanaan as stated by Esmi Warassih ,Cases of HIV / AIDS in Indonesia have penetrated the population that was originally a low risk population, the housewife. But now the case is at the highest position in AIDS cases, 15.916, so it is time for a legal reconstruction in favor of women as practiced by Several states in the United States. The 1945 Constitution has mandated Article 28A, 2D Paragraph (1), 28I Paragraph (2), 28J Paragraph (1), and Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Some theories offer legal alternatives to Overcome various problems that exist in society, especially to raise the dignity, degree and dignity of women in cases of HIV / AIDS. Women are still Considered a weak group and men as a superior group, so that within the household is quite dominant. Responsive law from Philippe Nonet and Philip Selznick,
Legal Protection Against Disability In Getting Work
Every person is created by God as a living being is the same, but the reality is a lot of discrimination in particular against persons with disabilities or disabilities either inborn or young adults because of an accident or illness that causes people to become physically disabled and mentally.
Reconstruction Of Authority To Arrest In Doing Judge Accused Of Value-Based Justice
The authority of judges to make arrests based defendant subjective reasons contrary to the presumption of innocence, and the authority of PT and the Supreme Court judges to make an arrest for the purpose of examination is unfounded, because the PT and the Supreme Court did not conduct a physical examination of the defendant.
Enforcement Of Criminal Law In False News (Hoax) Management According To Law No. 11 In 2008 That Has Been Amended To Be Law No.19 Of 2016 Concerning Electronic Information And Transactions In Islamic Law And Positive Laws
The aim of the author is to find out how the arrangements related to false news or hoaxes and how the application of criminal sanctions against parties related to the spread of hoax according to Law Number 11 which has been changed to Act Number 19 of 2016 concerning Information and Electronic Transactions and several other provisions . By using the normative juridical research method, it is concluded: 1. The basis for regulating the spread of fake news or hoaxes that have been regulated in Law Number 11 Year 2008 which has been amended to become Law Number 19 Year 2016 article 28 paragraph 1 and 2. In addition regulations for spreading fake news or hoax are also spelled out in Law Number 1 of 1946 articles 14 and 15. More specifically, the perpetrators of spreading false news can be charged with other related articles namely article 311 and 378 of the Criminal Code, Article 27 paragraph 3 of the Law Number 19 of 2016 concerning Information and Electronic Transactions, Law No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, and the perpetrators of spreading false news are also subject to articles related to hate speech. 2. With the increasingly rapid development of digital technology today, the more diverse new acts committed through this digital media, in this case the spread of false news (Hoax) that is rife. The current regulations regarding fake news regulate not only the fabrication of fake news that is given criminal sanctions but also for perpetrators who participate in sharing / transmitting (sharing / forward) such false news. In the perspective of Islamic thought, hoaks are public deception or dissemination of information that is misleading and even defames others. Hoaks are classified as a party that harms others and the hoaks they make are categorized as hadith ul ifki or hoaxes. Therefore, the spreaders were threatened with very severe torture. In a positive legal perspective, hoaks are false and misleading news content, content that creates hatred or hostility towards certain individuals and / or groups of people based on ethnicity, religion, race, and intergroup (SARA). Perpetrators can be sentenced to prison for a maximum of ten years.
Reconstruction Validity Legal Deeds Are Dealing With Children In The Process Of Law Criminal Justice System Based Child Justice
ABH is a person who is immature, not yet legally legally carrying out legal actions during the juvenile criminal justice system. The reconstruction of the Act SPPA can establish ABH PK Bapas as supporters during the juvenile justice system process.
Reconstruction Of Performance Assessment Of Drinking Water Companies (Pdam) Based On Consumer Protection
Decree of the Minister of Home Affairs Number 47 of 1999 regarding Guidelines for Performance Assessment of Regional Water Supply Companies (PDAMs) roomates Determine the work assessment of PDAMs based on internal assessments without regard to customer satisfaction, is an Injustice and forgery of the Consumer Protection Act, so it must be Reconstructed.
Reconstruction Legal Rights Associated With A Warranty Not A Bank Debt
Guaranteed law is defined as a legal regulation governing collateral receivables from a creditor to a debtor, or in other words the guarantee law is a law that governs collateral for a person’s receivables. Collateral can come from the debtor or the collateral does not belong to the non-debtor. Regarding guarantees not belonging to debtors not yet based on justice.
Reconstruction Of Operational System As A Community Economic System Based On Welfare
The cooperative is Essentially a people’s economic movement, which was born from the economic culture of the community, through mutual cultural values, has a constitutional restriction on Article 33 of the 1945 Constitution. change the paradigm and return it to the true cooperative as a populist economic system and pillar of the Indonesian economy through the reconstruction of all regulations that govern Cooperatives in Indonesia.
Reconstruction Of Criminal Responsibility For Actors Prostitutional Criminal Justice In The Criminal Justice Based On Value
Reconstruction of criminal responsibility against perpetrators of prostitution in the Criminal Code based on the values of justice by criminalizing prostitutes as “acts committed by two or more people who commit obscene acts, adultery, same-sex relations (LGBT) and / or pornographic action with payment, either facilitated or not facilitated by pimps “.
Reconstruction Of Legal Drinking Water Management Company (Pdam) Based On Justice
After the cancellation of the Law on Water Resources by the Constitutional Court, a Government Regulation of the Republic of Indonesia Number 122 Year 2015 concerning the Drinking Water Supply System is a form of covert privatization in water management, Because The provision of drinking water can be Carried out by the private sector and even by foreign parties, so it should be reconstruction of water resources management regulations is Carried out so that it is in accordance with the mandate of the 1945 Constitution,
Reconstruction Of Private Criminal System Implementation In The Commitment Values In Indonesia Justice
56 years after the inauguration of the Penitentiary system by Sahardjo, the implementation of Imprisonment in the Penitentiary system has not lost the color of past incarceration, marked by various cases that surfaced, this condition requires the reconstruction of the pattern of Imprisonment in prison.
Reconstruction Of Justice Law Protection Law Protection
The rights of outsourced workers are the rights of outsourced workers Themselves, the rights of outsourced laborers are not left to PT Provider of outsourcing, but must be Returned to the outsourced workers Themselves, providers of outsourced workers must be Reconstructed to be only run by Cooperatives labor outsourcing itself, Because with the outsourcing of labor in companies there is evidence that outsourcing labor is still needed by both parties, with the transfer of outsourcing labor will be Able to organize itself wisely and wisely
Criminal Code Draft Law And Development In Indonesia
The actual draft of the Criminal Code has not yet been ratified Because there are obstacles in the discussion of the Criminal Code Bill. Besides that, there is still a polemic in the Criminal Code Bill in the community. Not all of the people Agreed on the draft Criminal Code. Therefore, until now the Penal Code Bill can not yet be passed. Even though the Criminal Code Bill actually has to replace the Criminal Code now. That is Because The Criminal Code now is not in accordance with the state of society and the Indonesian state. Ratification of the Criminal Code Bill is the best way for criminal law to be applied in Indonesia in accordance with the conditions of the Indonesian people and the state. In addition, the Criminal Code Bill IS ALSO A criminal law made by the Indonesian people. moreover,
Deconstruction of the Principle of Legal Thinking
The enforcement of human rights in Indonesia uncertain experiences ups and downs. This is due to the many national problems that overlap each other. The legislator’s point of view in formulating laws, political situations, economic flows and the diversity of ideologies that influence one another. The release of philosophy as a point of view of exploring values Becomes a cause that requires serious study. The straightforwardness of human rights in Indonesia requires stability in other fields simultaneously. So that concludes, that enforcement requires devices outside the area of human rights itself. That the Law is a container of moral values, must be explored together with a complete perspective. Law as a branch of ethical philosophy can not be ignored. Determining the roots of the human rights problem in Indonesia has an impact on the technical resolution that must be done. Fair since in law, does not guarantee that justice is created too. The enforcement of human rights is not only the responsibility of the legal commission, human rights Activists, Officials or related institutions. In developing countries like Indonesia, a problem is Often the caused by another problem. Then the solution must be Formulated together with the problems that form a series of cause and effect.
Development Of The Law Of Complete Systematic Land Registration (Ptsl) And Effect Of Conduct Valuesof Land Based On Dignify Justice In The District Of Kendal, Central Java
Kendal is one of district in Central Java. In Central Java, there are 592 744 17 197 land parcels including land parcels village treasury (TKD). Of the entire field of the land, 76.7% of them (ie 455 193 fields) has been certified2which of them is located in Kendal district. Certifying land based on existing data is not at 100% therefore needs to be continued registration of land in order to achieve legal certainty and reduce the incidence of land disputes that exist. In order to achieve legal certainty in a plot of land owned by someone, then the central government in Nawacita (President Ultimate Goal) which is 9 (nine) priority that takes precedence provide a program that allows people in the maintenance of the certificate is a proof of rights by issuing the Regulation of the Minister of Agrarian and Spatial / To the National Land Agency Republic of Indonesia Number 1 of 2017 concerning Amendment to Regulation of the Minister of Agrarian and Spatial Planning / Head of national Land Agency Number 35 of 2016 on Accelerating the Implementation of Complete Systematic Land Registration (PTSL). Land Registry Systematic Complete is a land registration activities for the first time conducted secacara simultaneously for all objects of land registration throughout the territory of the Republic of Indonesia in the territory of the village / village or other names that level with it, which involves the collection and determination of the truth of physical data and juridical data regarding one or several objects of registration of land for the purposes of registration.
Interprestation Teaching Of Human Rights Laws Against Material In Corruption Provisions
So far, the problem of corruption is seen separately from human rights. Even in the conversation about the corruption Eradication agenda. Human rights enforcement perspective lacks attention. When in fact, human rights can be one of the tools of analysis of corrupt practices corruption Because always causes casualties items, namely for individuals, communities, and the State. By using human rights as a perspective in viewing and analyzing corruption, it can show victims and obligations that must be fulfilled by the State. Through human rights analysis. Elucidation of Article 2 paragraph (1) of the Law of the Republic of Indonesia No. 31 of 1999 concerning Eradication of Corruption by the Constitutional Court in its Decision dated July 25, 2006 Number 003 / PUU-IV / 2006 was declared Contrary to Article 28 D Paragraph (1) of the 1945 Constitution so that the Elucidation of Article 2 paragraph (1) of Law 31 Year 199 declared not to have binding legal force. The author is of the opinion that the Constitutional Court when conducting a judicial review of the law tends to see more from the point of view of the rights of suspects or Defendants rather than looking at the interests of Victims of corruption. The purpose of writing this article is to find out the development of the teachings against the law in the Corruption Act and to know the interpretation of human rights cases against the teachings of the nature of the material unlawful acts in corruption. The author is of the opinion that the Constitutional Court when conducting a judicial review of the law tends to see more from the point of view of the rights of suspects or Defendants rather than looking at the interests of Victims of corruption. The purpose of writing this article is to find out the development of the teachings against the law in the Corruption Act and to know the interpretation of human rights cases against the teachings of the nature of the material unlawful acts in corruption. The author is of the opinion that the Constitutional Court when conducting a judicial review of the law tends to see more from the point of view of the rights of suspects or Defendants rather than looking at the interests of Victims of corruption. The purpose of writing this article is to find out the development of the teachings against the law in the Corruption Act and to know the interpretation of human rights cases against the teachings of the nature of the material unlawful acts in corruption.
Law Due To Delay The Registration Under Fiduciary Guarantee Pmk No 130 / Pmk.010 / 2012
The rapid economic growth in Indonesia is now coupled with the increasing needs of the community in particular vehicle motor vehicle facilities. Currently, Indonesia has become an easy target motor manufacturers to market their products, because Indonesia is one country that is consumptive and consumers of motor vehicles world .. Not surprisingly, the rapidly growing financial institutions in Indonesia. If in ancient times, people who want a motor vehicle must save first, then in this day and age, people can get motor vehicles, especially motorcycles only Rp. 500,000 - 1,000,000 as Down Payment (DP) or advance to get a motorcycle. The purpose of this study is conducted to determine the legal consequences for the late registration of fiduciary based PMK No. 130 / PMK. 010/2012. This study uses descriptive qualitative research. Recipients obligation for fiduciary, power or his representative to notify the elimination of Fiduciary. The removal notice was not charged. In the absence of the expected costs imposed fiduciary Receiver, power or his representative can perform the removal notice Fiduciary voluntarily and without load. This will make it easier for the Ministry of Justice and Human Rights to monitor the Fiduciary already expired or will expire term. In the absence of the expected costs imposed fiduciary Receiver, power or his representative can perform the removal notice Fiduciary voluntarily and without load. This will make it easier for the Ministry of Justice and Human Rights to monitor the Fiduciary already expired or will expire term. In the absence of the expected costs imposed fiduciary Receiver, power or his representative can perform the removal notice Fiduciary voluntarily and without load. This will make it easier for the Ministry of Justice and Human Rights to monitor the Fiduciary already expired or will expire term.
The Effectiveness Of The Handling Of The Criminal Acts Of Light Tend To Be Settled Judicial Custom
There needs to be an effective way of establishing a community justice system. This is a model of the local community, its existence received formal recognition by the state. Against criminal acts regulated in the Criminal Code, the settlement is at its final point through the justice system involving investigators (babinkamtibmas), (traditional leaders), (community leaders) given the opportunity to reconcile the parties. The role of the victim or her family remains to be considered on the other side. Acts that do not have a counterpart in the Criminal Code but which are considered as despicable acts by the community can also be resolved by the community themselves through a judicial system which they form themselves. In practice, the parties are given the opportunity to choose a solution through the village or state courts. If there is no agreement, then the state court takes over the settlement of the case but if it is finished through a community court then the case is considered finished and the community court must be the first and last court because there must be an agreement in accordance with the Criminal Code Bill d) there is a settlement outside the process .
Independence Institute Of Justice And Judge In Perspective Judicial Reform Blueprint 2010 - 2035
Independency interpreted as a judge must not be controlled, influenced mainly by litigants. Influence and intervention are political and economic, the judge is not bound by any party. Independent judges do not carry the interests of certain parties. The legal basis is guaranteed Article 24 Paragraph (1) of the 1945 Constitution, Article 1, Article 2 paragraph (1), Articles 6, 7, 8 and 9, Article 2 paragraph (3), Article 13 paragraph (1), Article 11 paragraph (1), and Article 4 paragraph (1) of Law Number 48 of 2009 and Article 81 A of Law Number 3 of 2009. Independence of judges in the interests of formal law and material law. Judges impartiality is seen in the idea that judges base Reviews their decisions on law and facts at trial. Accountability and transparency serve as a counterweight to the independence of judges. The forms of responsibility of judges in the accountability mechanism: social accountability, public service, provide justice for justice seekers. Integrity and transparency, has made publication of court decisions and public access Easier to find out and discuss court decisions that have permanent legal force through a directory of decisions on the websites of each judicial body, so that they can Become objects of legal study. The foundation of Indonesian legal philosophy is Pancasila as the noble values of the Indonesian nation and basic norms, the source of all sources of law in Indonesia. Pancasila especially this first Precept is what animates the principle of independence of judges in Indonesia. The relationship between the principle of independence of judges with the principles of Pancasila as its philosophical foundation. The principle of independence of judges based on the study of Pancasila philosophy can be seen from the relationship between Law No. 48/2009 with the essence of the Pancasila precepts as follows: Consequences: internal supervision through the Supreme Court supervisory body, and external supervision through KY, BPK and BPKP on the performance of judicial bodies concerning the course of the judiciary, Including the behavior of its Officials, so that the independence of the judiciary is not Misused. Article 2 paragraph (1) of Law No. 48 of 2009 highly upholds the first precepts of Pancasila: and external supervision through KY, BPK and BPKP on the performance of judicial bodies concerning the course of the judiciary, Including the behavior of its Officials, so that the independence of the judiciary is not Misused. Article 2 paragraph (1) of Law No. 48 of 2009 highly upholds the first precepts of Pancasila: and external supervision through KY, BPK and BPKP on the performance of judicial bodies concerning the course of the judiciary, Including the behavior of its Officials, so that the independence of the judiciary is not Misused. Article 2 paragraph (1) of Law No. 48 of 2009 highly upholds the first precepts of Pancasila: Justice for Justice Based on the Almighty God, the which when linked to Article 1 of Law No. 48 of 2009 further Strengthens the principle of independence of judges. Articles 6,7,8 and 9 of Law No. 48/2009 Appear to have second precepts, Essentially no one can be subject to legal action without a reason in the law. Reviews These provisions imply that independence is not Synonymous with freedom that leads to arbitrariness. Article 2 paragraph (3) of Law No. 48 of 2009, all courts in the entire territory of the Republic of Indonesia are state courts and are determined by law. Article 13 paragraph (1) of Law No. 48/2009 stipulates that the judiciary is open to the public. People are included in the judicial process even as Spectators, IF NECESSARY the people must Participate in upholding justice. Fair means giving what is rightfully his. Article 4 paragraph (1) of Law No. 48 of 2009, courts try According to the law without Discriminating against people. This means, that all people have the same rights and obligations before the law. Vision of the judiciary: The realization of the Indonesian Supreme Judiciary, referring to the Preamble to the 1945 Constitution, especially the second and fourth paragraphs as the goals of the Republic of Indonesia. In the perspective of this blueprint, the vision of a judicial body is Efforts to improve the realization of a great Indonesian judicial body that can ideally be Tirrenus as a judicial body carrying out the functions of the judicial power Independently, Effectively and fairly. The mission of the judiciary is Formulated in an effort to Achieve its vision, Realize effective judicial power, Disputes resolves in order to uphold law and justice based on Pancasila and the 1945 Constitution, based on grandeur, nobility and glory of institutions. Among the missions of the 2010-2035 judicial body, maintaining the independence of the judiciary. The main requirements for the implementation of objective judicial processes are the independence of the judiciary, as an institutional independence, as well as the independence of judges in Article 24 of the 1945 Constitution and its Amendments, and Principle 1 in the Bangalore Principles of the Judicial Conduct 2002. Independence as a keyword is the implementation of the main duties and functions of the judiciary Effectively. Point 1 Basic Principles of Independence of the United Nations Judicial Power in General Assembly Resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985, that judicial power must be guaranteed by the state and stipulated in a country’s constitution. The obligation of all government institutions and other institutions to respect and maintain the independence of the judicial power. As a consequence of one roof siatem under the Supreme Court, the judiciary has gained authority over the organizational, administrative and financial matters in accordance with Article 21 paragraph (1) of Law No. 48 of 2009, which was previously regulated in Article 11 paragraph (1) of the Law No. 35 of 1999, the functions of planning, implementation and oversight of the organization, administration and finances of all judicial bodies in Indonesia must be Carried out properly. Intended so as not to interfere with the task of judicial power that it carries. The independence of the judiciary contains aspects of the independence of judges to decide (functional independence), closely related to the objectives of the administration of the court, to Ensure the recognition, guarantee, protection and fair legal certainty of every human being in accordance with D Article 28 paragraph (1) of the 1945 Constitution and its Amendments. It is Necessary to build an equal understanding and ability among judges regarding developing legal issues. Chief Justice McLachlin Noted that there are three conditions to guarantee the independence of the judiciary in Deciding cases: Security guarantees, during good behavior, during good behavior, until the age of 75, and can only be dismissed by the Governor General for Parliamentary resolutions. In the United States, justices and subordinate judges serve during good behavior, but are entitled to request retirement when they reach the age of 70. In Germany, judges are appointed for life, but the law can regulate retirement age. Financial security (financial security), intended so that judges and judicial power are protected from the possibility of manipulation by the legislative and executive bodies. Guaranteed administrative independence in a functional sense. The daily work of the administration is under the control of the court. Regarding infrastructure, it is under the legislative body (budget) and infrastructure is under the executive. Indonesia since 2004 has been more lax. Facilities, infrastructure, and all administrative functions, Including the procurement of prospective judges are Carried out by the court itself, at the highest level by the Supreme Court, the budget of the which is regulated by the State Budget. Remain control of the legislative and executive bodies. But budget management is entirely run by the court. The important thing that must be Fought for is the independence of performance-based budget management and the provision of supporting facilities in the form of a definite allocation from the state budget. This certainty needs to provide guarantees for the administration of courts throughout Indonesia. Financial Judicial independence has been regulated in Article 81 A of Law Number 3 Year 2009 budget that the Supreme Court is charged to a separate budget item in the state budget (APBN). The most important starting points for budget independence are at two stages play items, namely the planning process and the use process. Aspirations from the planning side are very important for the Supreme Court to Obtain guarantees of the amount of the budget as is the case in the education budget, roomates in the law is set at 20%. So if the state budget is around 1500 trillion budget, then the judiciary should receive 15 trillion in 2014, and the 2000 state budget if the budget is in 2016, the judiciary should receive a budget of Rp 20 trillion or only around 1%. The request is quite realistic considering the MA budget needs are always increasing every year. Although the law states that MA independent institutions include the budget, the current practice of the proposed budget planning by the Supreme Court still has to go through a tough process of discussion between Bappenas and the Ministry of Finance, and ironically Often the results Often do not According to plans get funding.
POSITION OF AGREEMENT ON LAND ACQUISITION FOR DEVELOPMENT FOR PUBLIC INTEREST
The agreement through deliberation is a basis to determine the Land Acquisition for development for public interest. Furthermore, there is an argumentation that the agreement on Land Acquisition is similar to the agreement in a treaty as stated in the Civil Law Code. On the other hand, there is an opposite view disagreeing on it and stating that the agreement on the Land Acquisition is not the same as the agreement on our own argument as well. The result of this study shows that Â the agreement between the parties is done at the preparation of Land Acquisition and during the implementation of land procurement. As for the differences in views on the position of agreement on land procurement, there are also views agreeing on Land Acquisition is unequal to the agreement in the law as the Land Acquisition is neither civil relationship between the parties, nor the relationship between creditors and debtor, yet a government act to acquire land. The agreement on Land Acquisition is restristed – limited time, therefore, there is no freedom in determining the agreement.
The Village Fund as Indonesian Social Welfare Program: The gap between regulatory and practice (a study on penal perspective)
The State through Law No. 6 /2014 on Villages allocates a National Budget (APBN) for villages. Substantial financial support for villagers is expected to be able to support the development. Unfortunately, the Village Fund Program has become a root of corruption cases which has caused many villagers to live in poverty. The method used in this research is the normative juridical which focusing on secondary data in the form of primary, secondary and tertiary legal material to obtain a comprehensive, factual and accurate legal analysis on the village fund program in Indonesia while also provide a legal perspective of Anti-Corruption Law. The result of this study is village funds as part of APBN is State Finance. Therefore the abuse of authority by the chief or apparatus of villages management can be categorized as an act of corruption. However, the stipulation of "the abuse of authority" in Article 3 of the Anti Corruption Law should only be related to bribery. Because the authority of public officials on policymaking is not within the scope of criminal law, this is intended to prevent a criminalization. Therefore, criminal acts of corruption in village funds should be using Article 2 for the legal basis.
THE FINALITY OF ARBITRATION: THE PROS AND CONS OF THE COURT’S POWER TO SETTING ASIDE ARBITRAL AWARDS IN INDONESIA
The finality of arbitration award raises several questions when it clashes with the court's authority to set aside the foreign award. These problems are resulting in a contradiction with the primary goals that become the reasons for the birth of arbitration as a non-litigation resolution based on the good faith of the parties. Therefore it is important to review the extent of the role and intervention of the court in the arbitration award. As for the problems are formulated to aim for the answers as follows: (1) The court authority to set aside foreign arbitral awards in Indonesia: (2) The pros and cons of court power in setting aside a foreign arbitral award. The research method used in this study is normative juridical, which focused on secondary data in the form of primary, secondary, and tertiary legal material. The result of this study shows that the Court intervention in the arbitration is present as a protection for the parties. Nevertheless, it is undeniable that the Court plays a vital role in order to prove the validity of an award or arbitration process. Therefore we believe in providing space for the court to enter into arbitration but with rigorous limitations. The court's intervention in the arbitration award raises the discourse on the independence of the arbitration. This results in pros and cons views on the authority of the court in arbitration with the basic arguments of countering conflict of interest by check and balance while also argue that the court intervention affecting the length of the litigation process in an attempt to overturn the award removes the essence of arbitration as a quick settlement.
RECONSTRUCTION OF LEARNING METHODS IN CRIMINAL LAW SUBJECTS USING INQUIRY METHODS BASED ON HUMAN RIGHTS AND ISLAMIC VALUES
Criminal Law course is one of the main subjects in the curriculum at the Faculty of Law. The Criminal Law course at the UNISSULA Faculty of Law is a skills course in the field of law. Inquiry learning method is an innovation carried out by lecturers in order to prioritize student activity, being critical of contemporary legal problems and prioritizing problem solving. This is in line with the current curriculum, the Indonesian National Qualification Framework (KKNI) where students become centers of learning known as Student Centered Learning (SCL). The problem solving offered is to make the Qur'an, Hadith and Ar-Ra'yu (use of the human mind) in the form of ijma, ijtihad, qiyas, urf, and others.
APPLICATION OF RESTORATIVE JUSTICE IN LAW ENFORCEMENT OF MONEY LAUNDERING RELATED TO Narcotics Criminal Acts
Law enforcement of money laundering related to narcotics crime shows that in certain cases the proceeds of crime cannot be found or returned, and there are still various other obstacles encountered in the TPPU law enforcement process. Based on this, TPPU law enforcement related to narcotics crime is not based on restorative justice values. This study aims to find and analyze what types of sanctions can be imposed on perpetrators of money laundering related to narcotics crimes based on restorative justice. The research method used is normative legal research. The results showed that the types of criminal sanctions that can be formulated and imposed in accordance with the paradigm of restorative justice in money laundering related to narcotics crime is how to find and return the proceeds of crime (asset recovery), for example: asset confiscation.
Improvement of the Presidential System in Concurrent Elections
The advantages of holding the elections for the people's representatives and the president which are held simultaneously, among others, reduce the cost of holding an unmitigated election to reach tens of trillions. In addition, simultaneous elections can also minimize costly politics, such as campaigning to money politics. Simultaneous elections can also directly avoid the abuse of power of officials during their term of office or what is called the politicization of the bureaucracy, is an effort to avoid corruption, maintain national stability and streamline the work of the Government. Meanwhile, the results of this study indicate that the Concurrent Election can be an effort to reform the Presidential system implemented in post-reform Indonesia
Copyright (c) 2021 Legal Reconstruction in Indonesia Based on Human Right
Restorative Justice and Penal Mediation in Resolving Cases of Children Confronting the Law in Indonesia
In Indonesia, the concept of restorative justice is more specifically penal mediation. Penal mediation is the settlement of a criminal case through deliberation with the help of a neutral mediator, attended by victims and perpetrators along with parents and community representatives, with the aim of restoring victims, perpetrators and the community. The judge can act as a mediator or with a mediator outside the court who has met the requirements and is certified. Mediation brings together the perpetrator and the victim, on this occasion a reconciliation is held between the victim and the perpetrator, and compensation for damages suffered by the victim is made. Penal mediation is carried out based on the secret principle, so that all events that occur and all statements that appear in the mediation process must be kept confidential by the parties including the mediator. Keywords: Restorative Justice, Penal Mediation, Children Facing the Law.
Criminological Aspects of Corruption Crime
This article will discuss about Corruption and Organized Crime, Corruption and the White Collar Crime and the Etiology of Corruption. Organized crime has become the most important domain in criminology for research on corruption. criminologists place corruption within the scope of the types of crimes that occur in an organizational context. Therefore, it makes sense to explore whether the theories that have been developed to understand forms of crime also apply to the etiology of corruption Keywords: Criminology, Crime, corruption, etiology.
Policy Online Single Submission (OSS) System as a Public Service Innovation in the Field of Environmental Licensing
In granting environmental permits, the government has launched the latest innovations in terms of public services in the field of licensing, one of which is in environmental permits, namely the use of the Online Single Submission (OSS) system. One of the regulations is about environmental permits. An environmental permit is a prerequisite for obtaining a business license. Those who wish to apply for a business license through OSS must ensure whether their business activities are required to have Amdal or UKL-UPL. Key words: Policy; Online Single Submission System; Public service; Environmental Permit
The Relevance of Civil Law and Common Law Systems in Regulating Standard Contract Law in Indonesia
Fulfillment of the legal needs of the parties is mostly carried out through standard agreements that are generally accepted in society, both those adhering to the Common Law system and the Civil Law in casu in Indonesia. These two legal systems have relevance in the development of standard contract law, including, regarding written requirements (statue of frauds), regarding the validity of standard agreements, regarding breaking of contracts and regarding exonation clauses stated in the standard agreement. This regulation should be standardized for legal certainty and to fulfill justice for the parties as well as to provide benefits for fulfilling the legal needs of the Indonesian people. Keywords: Civil Law System, Common Law, Standard Contract Law.
Legal Politics In Erading The Crime Of Money Laundering In Indonesia
In recent years, crimes involving money have begun to emerge in both the banking and non-banking sectors. Like money laundering, which is clearly illegal because it provides incentives and protects against illicit money.Typologies (types) classified according to the ways money launderers carry out their laundering activities are (1) Concealment with in business structure, (2) Misuse of Legitimate Businesses, (3) Users of fake identities, fake documents, or intermediaries (use of fatse identities, documents, or straw men), (4) Exploiting issues relating to international jurisdiction (Exploiting International Jurisdictional Issues), (5) Use of types of assets that are without a name (Use of Anonimouns Aset Type).In Law No. 15 of 2002 concerning money laundering in Indonesia still has many weaknesses, so in the first amendment the definition which was not previously included is then included in Article (1) of Law No. 25 of 2003 which contains the following: Money laundering is placing, transferring, paying, spending, granting, entrusting, bringing abroad, exchanging or other actions for assets which he knows or should reasonably suspect are the proceeds of a criminal act with the intention of concealing, or disguise the origin of assets so that they appear to be legitimate assets. Keywords: Political Law, Eradicating, Money Laundering.
The Legal Politics Of The State Defense Industry In Indonesia
The defense industry should be the concern of all stakeholders. The government, apart from producing regulations and being a supporter or endorser, has a vital contribution to make in the development of the defense industry because of its broad role as a user of defense industrial products.In general, the Defense industry can be defined as a meeting place between producers and consumers of defense products and their supporting industries. The market as a meeting place sometimes requires a chain of connections such as agents, distributors, exporters and importers. Supporting the defense industry, on the one hand, is needed to meet production factors and on the other hand, the defense industry products are needed to support the existence of other industries. Decree of the Minister of Defense Number: KEPI / 1008 / M / V / 2017 concerning the 2018 National Defense Policy as an example of regulations in national defense policy related to the defense industry. As for the principles of national defense development policy and national defense empowerment, it is stated that the development of the defense industry is to build a strong, independent industry. Keywords: Legal Politics, State Defense Industry, Indonesia
Political Directions For Land Law On Land Property Rights For The People
The Basic Agrarian Law can be placed as progressive law or prismatic law. As a progressive law, UUPA is intended as an instrument to create an advanced change in society in its economic sector through structuring the structure of land ownership, which on the one hand encourages changes in increasingly advanced agriculture and industry but does not neglect justice in the sense of creating equal distribution of land ownership. As a prismatic law, the principles of the UUPA are translated from 2 (two) groups of social values, namely modern and traditional according to the plurality of Indonesian society. The description of modern social values is reflected in the principles: individualization of ownership of land rights (Article 4 in conjunction with Articles 9 and 15), equal access for everyone to own land in all parts of Indonesia regardless of nationality or gender status (Article 4 and Article 9 and articles on land rights), and granting of land ownership for large-scale business development in the agricultural or industrial sector with limitations certain (Article 28 and Article 35). In evaluating the implementation of political policies on land law, reforms that are just, welfare, with decentralization principles, and good governance in the management of land resources are necessary. All of this is of course in order to achieve a common goal of achieving a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. and granting land ownership for large-scale business development in the agricultural or industrial sector with certain limitations (Articles 28 and 35). In evaluating the implementation of political policies on land law, reforms that are just, welfare, with decentralization principles, and good governance in the management of land resources are necessary. All of this is of course in order to achieve a common goal of achieving a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. and granting land ownership for large-scale business development in the agricultural or industrial sector with certain limitations (Articles 28 and 35). In evaluating the implementation of political policy on land law, it is necessary to carry out reform that is just, welfare, with the principles of decentralization, good governance in land resource management. All of this is of course in order to achieve a common goal of achieving a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Keywords: Political Land Law, Land Ownership Rights, People.
Political Form Of Pre-Justice Law In Law Enforcement In Indonesia
Today pretrial has a very important place in criminal procedural law, it can even be said that every person who is suspected of committing a criminal act is then named a suspect. The first legal remedy is pretrial. The demand for pretrial use is getting stronger in the community who are indicated as being accused of a criminal act. Because in various criminal cases that have occurred so far, it has shown that pretrial has shown that there is protection, not only regarding justice, but also for the protection of human rights. Pre-trial is a new legal effort in the life of law enforcement in Indonesia. Every thing is new, has a specific mission and motivation, there must be something to be achieved and to be achieved. Nothing is created without being driven by purpose and purpose. Likewise with pretrial institutionalization. There are aims and objectives to be upheld and protected, namely upholding the law and protecting the human rights of suspects at the level of investigation and prosecution. The authority of the law enforcer, in this case the police, to determine the evidence for the determination of the suspect is based on the Constitutional Court Decision Number 65 / PUU-IX / 2011 which stipulates that “Determination of Suspectsâ€ is part of pretrial. In addition, the next legal basis is the Decree of the Constitutional Court Number 21 / PUU-XII / 2014 which states that the provisions of Article 77 letter a of the Criminal Procedure Code are contrary to the 1945 Constitution of the Unitary State of the Republic of Indonesia. Keywords: Political Law, Pre-trial, Law Enforcement
Legal Political Strategy In Preventing The Understanding Of Radicalism In Indonesia
Various problems of the nation, state and society are increasingly complicated by the emergence of radicalism movements in society, such as the use of attributes and issues of the rise of the PKI (PKI has attempted to carry out a coup against the Republic of Indonesia in 1948 and 1965), the movement with the vision of establishing a caliphate (HTI), the emergence of the ISIS movement in Indonesia, insulting Pancasila, insulting religion, insulting the state flag, accusing some people of being "anti-Pancasila". Malay village terror, terrorism, and the issue of treason against the government. In the development of the prevention of radicalism, The physical operations carried out by Indonesia are considered to have achieved quite encouraging results and the international community has given high appreciation for this success so that Indonesia has become a model in the International Counter Terrorism strategy. However, this success has not been able to stop this transnational radicalism movement. Radical groups are still recruiting new militants as did the Santoso group, ISIS, and so on.There are two legal umbrellas that can be used to reduce the fluctuation of radicalism that leads to acts of terror, namely: Law Number 15 of 2003 concerning the stipulation of Perpu number 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism into Law and Law Number 9 of 2013 concerning Eradication and Prevention of Terrorism Financing Crimes. Keywords: Political, Legal Strategy, Radicalism Prevention, Indonesia
The Government's Efforts Through Legal Politics In Hajj Management
The politics of law does not escape the formation of regulations on the implementation of hajj in Indonesia, which is a series of binding regulations between each item related to the implementation, from departure to the return of congregations.Because it involves a large number of pilgrims and a series of activities carried out both in Indonesia and in Saudi Arabia, organizing the Hajj requires a complex and interrelated management and system of organizing worship. Due to this need, the organization of the pilgrimage is then regulated in law and its implementation is carried out by the government and society. The first law regulating the implementation of the haj pilgrimage was Law Number 17 of 1999, which was later refined by Law Number 13 of 2008 concerning the Implementation of the Hajj.The mandate given by Law No. 17 of 1999 junto Law No.13 of 2008 concerning the Implementation of Hajj, in which the Minister of Religion is given the mandate as a public task to organize the hajj in collaboration with banks receiving deposits to manage BPIH by making an agreement. As for the legal relationship between the Government (Minister of Religion) and Candidates for Hajj Pilgrims, the Ministry of Religion is the Regulator, Operator and Supervisor of Hajj organizers. Keywords: Government Efforts, Political Law, Hajj Management.
Political Law Of Regional Autonomy As The Management Of Local Government
The principle of decentralization or regional autonomy as stipulated in Article 18 of the 1945 Constitution of the Republic of Indonesia, is more explicit in its explanation, which reads: (1) Because the Indonesian State is an "eenheidstaat", Indonesia will not have any regions within environment which is staat in nature as well as the territory of Indonesia will be divided into provinces and provincial areas will also be divided into smaller regions. In regions that are autonomous in nature (streek and locale rechts gemenschappen) or regions that are merely administrative in nature, all according to the rules to be stipulated by law. The current politics of implementing regional government are regulated by Law Number 23 of 2014 concerning Regional Government. Keywords: Political Law, Regional Autonomy, Regional Government.
Responsibility Of Corporate Crimes In Criminal Actions Of Narcotics
This writing aims to determine the accountability of corporate criminals in narcotics crime which is analyzed through Law No.35 of 2009 concerning Narcotics and is based on the premise of the corporation as a subject of criminal law. The results obtained from the study are that: (1) In the General Explanation of the 2015 Criminal Code Bill Book Number 4, it is stated, among other things: "Considering the progress that has occurred in the fields of finance, economy and trade, especially in the era of globalization and the development of organized crime both domestic and transnational in nature, the subject of law Criminal law cannot be limited only to natural persons (natural person) but also includes corporations, namely an organized group of people and / or assets, whether a legal person (legal person) or not a legal entity, (2) In the case of liability for narcotics crimes committed by organized crime, then every narcotics criminal in the organized crime shall be punished with the same punishment as the perpetrator as referred to in Law No. 35 of 2009 concerning Narcotics in Article 130. Keywords: Liability, Corporate Crime, Narcotics Crime
Juridical Review of The Existence of Notary Prohibitions on The Office of The Curator
The purpose of this study is to determine and analyze: (1) the position of a notary as stipulated in the Law of the Republic of Indonesia on concurrent positions as curator, (2) the concurrent position of notary as regulated in Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Position. The data source used is secondary data consisting of primary and secondary legal materials. The data collection method is done by documentation, interview and literature study. From the results of this research, it can be seen that a notary is a public official who has the authority to make authentic deeds and other authorities as intended by law. Notaries are public officials who carry out the profession in legal services to the community, in order to provide legal protection and guarantees in order to achieve legal certainty in society. A legal official is a person who carries out part of the state's public functions, particularly in the field of civil law. Notary because the law is given the authority to create an absolute means of proof, namely an authentic deed. A notary deed is an authentic deed made by or before a notary according to the form and procedure stipulated in law, the meaning of which is a deed whose contents are considered to be true. The essence of the notary's duty as a public official is to regulate in writing and authentically the legal relationship between parties who benefit from requesting the services of a notary which is basically the same as the duty of a judge who provides justice between the disputing parties. Formation for notary positions is determined based on: 1) Business activities; 2) Total population; and / or 3) The average number of deeds drawn up by and / or before a notary every month. Notaries can hold concurrent positions as PPAT within the scope of their jurisdiction, but cannot hold concurrent positions as advocates (Article 17 letter g jo. Article 17 letter e UUJN). If a notary is to be appointed as a state official, he is obliged to take leave while serving as a state official (Article 11 paragraph (1) and (2) UUJN), Â Keywords: Notary, Curator Position
The Legal Strength of Covernote and Notary Responsibility for The Making of a Covernote as a Legal Product Not Regulated by Notary Laws
Public life requires legal certainty, including in the public service sector which is currently growing along with the increasing needs of the community itself for the existence of a service, the legal basis for Covernote is also not regulated in legislation either in Law Number 2 of 2014 on Amendment Law Number 30 of 2004 concerning Notary Position, Government Regulation Number 24 of 2014 concerning Regulation of the Position of Land Deed Making Officials, as well as Law Number 4 of 1996 concerning Mortgage Rights and Law Number 10 of 1998 concerning Banking. The results showed that the Covernote issued by the notary had no legal force as ambtelijke acte. So that covernote does not have legal binding power and does not have perfect evidentiary power. The notary is fully responsible for the covernote issued, both civil and criminal liability. And due to the law of the Notary, the covernote that was issued is not fulfilled, the Notary can be prosecuted both civil and criminal. In Civil Law, if the covernote results in losses for the parties due to the negligence of the Notary in accordance with the provisions of Article 1366 of the Civil Code and 1367 of the Civil Code, while criminally if proven to have participated in providing false information regarding the contents of the covernote, in accordance with the provisions of Article 263 (1) of the Criminal Code, Keywords: Legal Force, Notary, Covernote
Role of Notary / PPAT in Making Authentic Assets Towards False Document Description
Actions carried out by a party that has falsified document information constitute an act that results in detrimental to the other person or the party concerned. The approach to the problem used in this paper is to use a normative juridical approach. Based on the results of the research and discussion, it can be concluded that: The responsibility of the perpetrators of falsifying document information in the Decision of the Tangerang City District Court Number. 721 / Pdt.G / 2014 / Pn.Tng fulfilled the element of responsibility for the perpetrator of the criminal act of falsifying the document's information, because the defendants had a deliberate element in not falsifying the document's information, because in this case the defendant was the main perpetrator, the party who ordered do, parties who participate in doing it, parties who deliberately persuade to do so, and parties who help do; The basis for the judge's consideration in the decision of the Tangerang City District Court Number. 721 / Pdt.G / 2014 / Pn.Tng, namely with juridical considerations in the form of statements of the accused, evidence and legal facts revealed in court; and It is known that the relevant Notary (Co-Defendant I), is a Notary who is responsible for the deed, is honest, independent and impartial, and maintains the honor of the Notary's position by being professional to come to trial when he is summoned as a co-defendant I. to punish Defendants I, II, and III in accordance with the petition submitted by the Plaintiff, namely reversing the names of the two land certificates, namely the object of the case onto the Plaintiff's name again. Keywords: Role of Notary, Falsification of Information, Authentic Deed
Legal Review of Personal Warranties Made Against The Notary of Lending
The purpose of this research is carried out because to find out whether the individual guarantee has guaranteed the settlement of problem loans at PT. Bank Mandiri Semarang Branch and how the Role of Notaries in Providing Credit using Individual Collateral at PT. Bank Mandiri Semarang Branch. This writing uses an empirical juridical method. Based on the research, it is concluded that individual guarantees in providing credit sometimes do not work as expected, in the form of lending there are risks, one of which is bad credit or problem credit. Banks will use various means so that the credit given can be withdrawn, before settlement is carried out through legal channels. Bank Mandiri (Persero) will issue summons to debtors up to three times. If the debtor does not heed the subpoena sent by the Bank, the Bank will collect directly. If the efforts that have been made are unsuccessful, then Bank Mandiri (Persero) will eventually take legal action. The role of notaries in the credit distribution system carried out by banks is to provide legal certainty for parties who enter into credit agreements, In addition to that, the roles of Notaries and Land Deed Making Officials are also the authorities to check the person who is pledged to ensure whether the guarantee is valid in legal eyes or not or to avoid if there is a possibility that there is still a legal dispute or legal case in the guarantee. Key words: individual guarantee, made before a notary, against credit extension
Harmonization In Regulation Of Heritage Certificate By Notary In Sociolegal Perspective
This article attempts to answer the following questions: 1.Why there is a difference in the arrangement of a certificate of inheritance by a Notary based on the Letter of the Directorate of Land Registration of the Directorate General of Agrarian Affairs, Ministry of Home Affairs Number: Dpt / 12/63/12/69, 2. What is the ideal concept for the arrangement of a certificate of inheritance by a Notary based on the Letter of the Directorate of Land Registration, Directorate General of Agrarian Affairs, Ministry of Home Affairs Number: Dpt / 12/63/12/69. The sociolegal approach method. Based on the research, it is concluded that the making of the Inheritance Certificate still occurs discrimination and weaknesses because the Minister of Agrarian Regulation cannot give authority only to the Notary for making the Certificate of Inheritance even though the Notary is more understanding about and the Notary does more research first before acting. Key words: Inheritance Certificate, Notary, legal certainty
Legal Protection of The Wife's Property in Marriage by Making a Marriage Agreement Made in a Notary Provision
The problems in this research are: 1)How legal protection of the wife's property in the marriage agreement? 2) what are the constraints in implementing the marriage agreement made before a notary before and after the Marriage Law is enacted? 3) what is the authority and responsibility of the notary in making marriage agreement deeds? The approach method used in this research is a juridical empirical approach. The specifications of this research are descriptive analytical, data sources are primary and secondary data, data collection methods use literature study, data analysis methods with qualitative analysis. Results of the research: 1) legal protection of assets in a marriage marriage agreement can only be done when a marriage is taking place. In accordance with Article 1338 of the Civil Code and the Marriage Law in Article 29, the contents of the agreement must be carried out in good faith by taking into account the provisions of law, religion, moral norms and public order. 2) Constraints in implementing the marriage agreement in the absence of good faith from the parties. The solution is that the notary should ensure that the deed he has drawn up has been registered at the authorized office so that it does not harm the parties. 3) The authority and responsibility of a notary is limited to the content of the agreement which has fulfilled the legal requirements of the agreement based on Article 1320 of the Civil Code, so he cannot be prosecuted in court. Keywords: Legal Protection, Wife's property in marriage, Notary
Legal Due To The Implementation Of Absolute Authorization In The Sale And Purchase Agreement Before The Development Of Sale And Purchases
Sociologically, the Power Giver can be said as an institution that is formed in social life. In subsequent developments where human activities are increasingly developing, granting of power is a legal act that is most often found in society in the process of legal relations and non-legal relations where a person wants himself to be represented by another to become his power to carry out all his interests. The power of attorney in its development has become widespread, however in this paper it is linked to a notais deed of a sale and purchase agreement where the power of attorney is one of the clauses, especially regarding land parcels. As a clause, of course with regard to contractual principles, because clauses are the main things that are promised from the agreement. In this case, the principle of consensuality, which has the most important meaning, is that in order to give birth to an agreement one must fulfill the validity of the agreement, namely the agreement, so that what is reflected in our minds is the persuasion of opinion between the parties without coercion with other words must be freely given. Touching on this issue in the engagement law, it is closely related to the principle of freedom of contract in the engagement law that what is called absolute power arises. In connection with the problems here, which are related to land law, it is necessary to pay attention to the related laws and regulations, Keywords: Absolute power, binding and buying and selling
The MKN is an independent decision-making body that has the duty and obligation to provide guidance or guidance in order to strengthen the notary institution in enforcing UUJN for everyone who carries out the position as a Notary. In carrying out its duties, MKN may conduct investigations on Notaries who are suspected of committing violations related to alleged crimes in the process of making authentic deeds. If it is found that there is evidence of a violation committed by a notary that causes harm to the parties, in this case MKN can give approval to investigators to be examined in the judicial process. If not, then MKN cannot give approval. Notary Honorary Council was formed, authentic. With the formation of the Notary Honorary Council, the MPD's authority is as contained in Article 66 paragraph (1) UUJN No. 30 of 2004 is no longer valid because it has been revoked by the Constitutional Court through decision No. 49 / PUU-X / 2012, but organizationally the MPD still exists as a notary supervisory agency in regencies / cities
Role of Notary in The Making of Deal of Sale and Buy Agreements to Support National Development
National development towards national resilience requires legal services of a notary as a bearer of the legal profession (rechtsbeofenaar) in the form of deeds, for example the Deed of Land Sale and Purchase Agreement (PPJB), Deed of Releasing Land Rights with Compensation and so on as perfect evidence plena). A Notary legal product is a deed that provides legal protection for the parties. Preparation of PPJB Deeds relating to land moved from Article 15 paragraph (2) of Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary Public (UUJN), however as such a Notary must pay attention to formal and material aspects. Keywords: Notary, Deed, National Development and Resilience.
With Guarantee Of The Rights Of Liability Made In Notary
In this paper, the formulation of the problem is used, among others, as follows: How is the Process of Implementing the People's Business Credit Agreement (KUR) with Mortgage Guarantee Made by a Notary at BRI Jepara? What Constraints Are Faced In Implementing People's Business Credit (KUR) With Guarantee of Mortgage Rights at BRI Jepara and What are the Solutions ?; and What are the legal consequences of BRI Jepara on Debtors who have defaulted? While the research method used is the Sociological Juridical Approach Method The results of this study indicate that the process of implementing the People's Business Credit Agreement (KUR) with Mortgage Guarantee made by a Notary at BRI Jepara is very simple and the process is fast. However, this provides a weakness, where it is often included in the type of business that is not prospective, does not have good management, and the guarantor is not attached with any security rights, but is only held by the bank, this is not in accordance with the guarantee procedure in the guarantee institution used. . So if there is a default, it makes it difficult for the creditor to execute the collateral. BRI Jepara's efforts include continuous and ongoing collection of debtors and tightening credit analysis. Against bad credit, Keywords: Legal Consequences, People's Business Credit, Mortgage Guarantee.
Implementation Of Credit Agreement Through Notary Notary And Its Legal Due When Performance Occurs
The purpose of this research is to know implementation of the credit agreement through the Notary Deed at Bank Jateng Banjarnegara, to find out obstacles and solutions in the credit agreement with the notary deed at Bank Jateng Banjarnegara, as well as to find out the legal consequences of Bank Jateng Banjarnegara when the debtor is in default. In this paper, the writer uses the normative juridical method. The conclusions of this research are 1. Implementation of the credit agreement through the Notary Deed at Bank Jateng Banjarnegara, as outlined in the Credit Agreement (for general credit through a notary deed, while credit for employees through a standard agreement prepared by Bank Jateng Banjarnegara), 2. Obstacles and the solution in the credit agreement with the deed of notary at Bank Jateng Banjarnegara, is a). is located at a distance between the Notary's office and the Bank, especially the Capem and the land office, which is quite far away, the solution is for the notary to provide data information such as specification characteristics in accordance with the collateral to the BPN office by using a telephone that connects the Notary with the BPN office, b). have not changed the name, The solution is The notary must double check and make the certificate back in the name of the current owner or the notary must present the owner of the old certificate to be asked for a signature. 3. The legal consequences of Bank Jateng Banjarnegara when a default debtor occurs is to carry out peaceful credit rescue steps as well as restructuring, and settlement through legal channels. Keywords: Credit Agreement, Notary Deed, Default.
Implementation of Court Determination on The Sell and Purchase Process Towards Officials of Land Associates who are Herities Under The Age
Research aims to review and analyze the implementation of court orders, constraints and solutions to overcome the obstacles in the determination of the Purwokerto District Court on the Sale and Purchase Process before Land Deed Making Officials (PPAT) of the inheritance owned by children as heirs are still under age. Resulting in conclusions (1) Implementation of the Determination of the Purwokerto District Court The Officials for Making Land Deeds and the National Land Agency of Banyumas Regency carry out the Court's decision as a formal basis for the identity of the parties as well as the legal basis for the actions of the parties in the Deed of Sale and Purchase and Transfer of Rights to Land, due to the Court Ruling Number 8 / Pdt.P / 2015 / PN Pwt is a power of attorney to sell which is given to the applicant as guardian or parent of a child or underage heir. (2) Constraints and solutions to overcome obstacles in determining the limit of adult age in the framework of land services in practice have not been fully effective P / 2015 / PN Pwt is the power of attorney to sell which is given to the applicant as guardian or parent of children or underage heirs. (2) Constraints and solutions to overcome obstacles in determining the age limit of adults in the framework of land services in practice have not been fully effective P / 2015 / PN Pwt is the power to sell which is given to the applicant as a guardian or parent to a child or underage heir. (2) Constraints and solutions to overcome obstacles in determining the limit of adult age in the framework of land services in practice have not been fully effective Keywords: Court Determination, Land Deed Making Official
Authority of The Notary Regional Supervisory Assembly to Issue a Client's Document Return Order
The problem in this article is How the Authority of the Regional Supervisory Council Issuing a Notary for Returning Client Documents and the factors that affect the implementation of the Regional Supervisory Council's authority in issuing a Notary for Returning Client Documents. The method used is a juridical approach method. The result of this research is that the Regional Notary Supervisory Council exceeds its authority in issuing a Notary Letter for Returning Client Documents because it is not in accordance with the authority of the Notary Regional Supervisory Council as stated in UUJN and Regulation of the Minister of Law and Human Rights No. 40 of 2015, where it is stated that those who have the authority to make decisions and impose sanctions are the Regional Supervisory Council, the Central Supervisory Council and the Minister of Law and Human Rights. The result of further research is that the Order to Notary for the Return of Client Documents was issued by the Regional Notary Supervisory Council of South Jakarta after considering the reporter's statement regarding the chronology of the case of the detention of valuable documents belonging to the FXCB reporter, Request for Return of Documents from Reporting Party through his Proxy to Notary HP SH. who intends to take the original documents from the Notary office of HP, SH. and Public Complaints Session meetings by the Regional Supervisory Council. Keywords: Authority, Regional Notary Supervisory Council, Document Return Order
Implementation Of Management And Environment Of Damaged Land
This legal paper examines the Implementation of Control and Utilization of Abandoned Land in the Work Area of the Land Office of Demak Regency. Where in this paper there are problems that will be examined, including the criteria for abandoned land, the implementation of control and utilization of abandoned land by the Land Office of Demak Regency, the constraints and solutions of the Land Office of Demak Regency in carrying out control and utilization of abandoned land in Demak. This research results that the criteria for abandoned land must have a legal subject and object (land rights), there must be a period of time and an act of neglecting the land, then for the implementation of this control, in this case the Land Office of Demak Regency conducts an inventory, identification and research of indicated abandoned land, a warning. and stipulation, then the former abandoned lands are utilized for the benefit of society through agrarian reform, state strategic programs and state reserves. Furthermore, the obstacles faced by the Land Office of Demak Regency in carrying out Control and Utilization of Abandoned Land in Demak are difficulties for right-holders to be contacted, limited human resources and budget for controlling, Keywords: Implementation, Control, Utilization, Abandoned Land