The 4th International and Call for Paper
Legal Construction and Development in Comparative Study The Role of Indigenous and Global Community in Constructing National Law
Comparative Law, Legal Reform and Legal Policy : How to Handle Economic Crimes in Globalization Era
Globalization : "the intensification of worldwide social relations which link distant localities in such a way that local happenings are shaped by event occuring many miles away and vice versa
Copyright (c) 2018 The 4th International and Call for Paper
THE IMPLEMENTATION OF FLEXIBILITY PUNISHMENT PRINCIPLES IN ISLAMIC LAW IN THE RENEWAL OF INDONESIAN’S CRIMINAL CODE
The Criminal Code applies in Indonesia today is a legacy of the Dutch colonial era, so that philosophically, sociologically, practically and adaptively must be renewed in accordance with the legal values that live and develop in society. In Islamic law, there are universal values, namely the principle of flexibility /elasticity of punishment in the form or number of criminal sanctions that are highly oriented to the victim and his heirs. It is as stated in alBaqarah (QS.2) verse 178, 179. Surat al-Maidah (QS.5) verse 4. In the case of criminal acts, the victim and his/her family are the person who have right to determine the amount and form of sanctions to be imposed on the perpetrator. As the victim desire, it is permissible to reply in kind with the offender's actions, but more importantly is to forgive. It can be done by asking for diat or without asking for diat. Thus, the position of the judge is only as mediator and implementer of the court decision. In accordance with Islamic legal values, giving forgiveness (principle of rechterlijk pardon) should be permitted not only to perpetrators of criminal acts with very light classifications, but also possible to the perpetrators of criminal acts which constitute adami rights. Implication of the principle of flexibility and elasticity of punishment in the upcoming Draft Criminal Code should be formulated. "The personal state of the maker or condition at the time of the act or what happens later can be used as a basis for consideration not to impose a criminal or impose an action taking into account the aspects of justice and humanity". Keywords: Principles of Flexibility, Islamic Law, Renewal, Criminal Code
Copyright (c) 2019 The 4th International and Call for Paper
The Role of Indigenous and Global Community in Developing National Law in France
Indigenous peoples, or indigenous peoples, are "the descendants of those who lived in a country orgeographical region at a time when population groups of different cultures or ethnic origins arrived and subsequently became predominant. by conquest, occupation, colonization or other means ".1 Indigenous peoples represent about 370 million people worldwide, living in more than 70 countries. They form at least 5,000 different indigenous groups, and as many different cultures, speak more than 4,000 languages, most of which are in danger and are at risk of extinction by the end of the twenty-first century. Over the last 30 years, indigenous peoples have moved widely from their traditional lands to cities to seek employment but also because of human rights violations and abuses, including rights to their land and to cultural survival. In many countries, more than 50% live in urban areas. Other terms have sometimes been used to refer to them, as aboriginal, "first people", "root people", "first nation" or "native people", succeeding the pejorative term "primitive people", but all officially neglected for the benefit of indigenous people.2 This paper discusses the existence of Indigenous communities in France and their contribution in the construction of legal systems in Europe in general and the French Legal system in particular.
Development of the Constitution and Constitutionalism in Japan: Traditionalism versus Modernism
In the late 19th century, Japan set about building a modern state. It was, in one aspect, the response against the Western powers that were colonizing Asia countries. In order to resist the Western imperialism by diplomatic way, building the modern legal system became the agenda for the Japanese government along with the economic and military development. The legal reform was also the response to the domestic politics. After the bloody civil war (Boshin War), the feudal government (Tokugawa government) was defeated and Japan could establish the centralized modern state under the Emperor. This event is called the Meiji Restoration. In the Meiji Restoration regime, winners of the civil war dominated government positions. Therefore, people who was excluded from the government power, such as losers in civil war and landlords who suffered heavy tax, demanded the Constitution and the Parliament. Therefore, the legal constitutional development of Japan in the early stage had two differentvectors,namely, themodernizationoflawtoaddressexternalpressure,andto address domestic political demand. Furthermore, the interaction between the imported modern western law and the existing Japanese law had significant influence of this development both in practice and in theory. This paper will discuss the development of the constitutional law and constitutionalism in Japan as a case of this legal development under the interaction of global community and indigenous culture.
Indigenousness and the global in the construction of modern state and law in thailand
Structure 1.Notions of indigenousness in the context of law & state 2. the state & indigenous communities as vulnerable groups in thailand 3. indigenousness the contruction of national identity and the "global community"
THE ROLE OF INVESTIGATOR IN CRIMINAL OFFENCE COMMITTED BY SOMEONE INDICATED BY MENTAL DISORDERS
The writing of this paper was intended to explain the role of the investigation carried out by the investigator against a criminal offense committed by someone who is indicated to have a mental disorder. This scientific work was made because there were not a few criminal acts committed by someone who is indicated to have amentaldisorder. As in Purworejodistrict where the authors as investigators served in the area, there were 5-6 cases during the last 2 years, during the final 2016 to the present. This case becomes attention because it has a quite dangerous impact on kamtibmas (community order) in thecommunity. This scientific work focused on actors who indicated mental disorder, investigators were also expected to be able to carry out investigative procedures, guided by the procedures and environment of the area where the case occurred, because a criminal case handling conducted by someone who indicated a mental disorder cannot be equated with criminal acts committed by normal people. With this scientific work, it was expected that the investigators can also innovate, so that in handling criminal cases committed by someone who is indicated mental disorder in the future will be better. Since, the development of the law and the situation in the jurisdiction of each region is different, and it is expected that investigators can adapt to the conditions of the region in service. Keyword: Role of Investigation, Crime, Mental Disorders
EFFECTIVENESS OF NARCOTIC ADDICT REHABILITATION SHARE TO SUPPRESS CRIME NARCOTICS (STUDY IN LOKA REHABILITATION OF THE NATIONAL NARCOTICS AGENCY RIAU ISLANDS PROVINCE)
Narcotics crime is no longer secretly, but had openly done by users and dealers in the operation of dangerous goods it. This criminal act quickly spread throughout the country. Certainly no stranger to the phenomenon of drug abuse when ini.Dilihat of the Act is clear that drug abusers are perpetrators of criminal acts against the drug itself. Of backgrounds who have been there, then tersusunlah formulation of the problem, namely how the effectiveness of rehabilitation for drug addicts to suppress narcotic crime in Loka Rehabilitation of the National Narcotics Agency of Riau Islands province, in addition to knowing the effectiveness of rehabilitation itself, certainly the BNN has obstacles encountered in implementing rehabilitation for addicts to suppress narcotic crime in Loka rehabilitation of the National narcotics Agency of Riau Islands province. By already knowing the effectiveness of rehabilitation and constraints that are applied by means of methods of empirical legal research, where this method is a method of legal research function to see real law and examines how the performance of the law in an area, then this type of method of this legal research using primary data which is the data coming from the field. And also a secondary data source also required to support the completeness of the data and reference in the lift. Viewed from that has been described in the next chapter, it can be concluded that rehabilitation is one of the best and appropriate solution for victims who want to quit from illicit goods because it is very detrimental to her life. Drug addicts and abusers undergo mandatory drug and Rehabilitation Medical Rehabilitation Sosial.Tujuan this study of the effectiveness of rehabilitation for drug addicts to suppress narcotic crime. So the concept of rehabilitation is expected to be the best solution for drug abusers Keywords: Effectiveness, Rehabilitation, Addict, Narcotics.
THE IMPACT OF GLOBALIZATION ON THE PREVENTION AND THE SUPPRESSION OF AIRCRAFT HIJACKING IN INDONESIA
The 3T Revolution resulted in a very rapid and fundamental change in the order of human life since the beginning of the 21st century known as globalization. One of the consequences is the rapid development of transportation technology that requires fast, safe and convenient transportation, which is by aircraft. But aircrafts are vulnerable from terrorist attack known as aircraft hijacking. ICAO has laid down several international conventions on the prevention and suppression of aircraft hijacking, and the latest was Beijing Convention 2010. As a member of the international community and especially as a member of ICAO, Indonesia can not be separated from the influence of the globalization particularly in the prevention and the suppression of aircraft hijacking. Therefore this paper will discuss more on the impact of globalization on the prevention and the suppression of aircraft hijacking in Indonesia. The impact of globalization on the prevention and the suppression of aircraft hijacking in Indonesia appears in the form of ratification and implementation of international conventions on this matter. This is done in order to fulfill Indonesia’s obligations as a member of the ICAO, and to realize the Aims of the Republic of Indonesia. The international conventions on the prevention and the suppression of aircraft hijacking have been ratified and implemented in accordance to the national interest and must always determined, applied, sourced, based on and should not be contrary to Pancasila as the Fundamental Norms of the State, and the 1945 Constitution as the Basic Rule of the Republic of Indonesia. Keywords: impact, globalization, aircraft hijacking, Indonesia.
THE COUNTERMEASURES OF THE PROLIFERATION OF RADICALISM IN INDONESIA IN THE NATIONAL SECURITY PERSPECTIVE
Internet is a product of globalization that brings Western cultural transplants into Indonesia. These cultural transplants slowly lead people to drift away in a virtual world and slowly abandon the soul of their nation. These conditions are used by radical activists to spread radicalism through internet content such as images, videos, messages, and articles with Indonesia's young generation as its main target. The proliferation of radicalism then poses a real threat to the human security of every citizen. The proliferation of radicalism can be overcome by carrying out three countermeasures which include repressive, pre-emptive and preventive efforts. Repressive efforts are used to crack down on the crime of proliferation of radicalism based on the prevailing laws and regulations. Pre-emptive efforts are used to internalize Pancasila values and norms in every individual of the Indonesian people to prevent the influence of radicalism. While preventive efforts are used to prevent the proliferation of radicalism by examining the factors that cause radicalism which are usually focused on the issue of social conditions that can directly lead to radicalism. Efforts are made to overcome the threat of proliferation of radicalism towards human security and national security. Â Keywords: Internet, proliferation of radicalism, human security, national security, globalization
THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA: THE BASIS OF THE HIGHEST NORMATIVE ARRANGEMENT OF MASS ORGANIZATIONS IN INDONESIA
Indonesia is a state based on law. The highest law in Indonesia is the constitution, namely the 1945 Constitution of the Republic of Indonesia. Based on this fact, it means Indonesia embraces constitutional supremacy. The 1945 Constitution of the Republic of Indonesia contains the values, the legal norms and also the moral norms (ethics) of the Indonesian Nation. Furthermore, as the highest normative arrangement, the 1945 Constitution of the Republic of Indonesia must be used as a reference, both by the Government of the Republic of Indonesia and also by all of the Indonesian citizens. Therefore in the mass organizations, the 1945 Constitution of the Republic of Indonesia must be implemented and elaborated in the articles of association as the constitution or the basis for the establishment of the organization. Keywords: constitutional supremacy, the highest normative arrangement, mass organizations.
INVESTIGATION PROCESS OF FIDUCIARY CRIMINAL ACT IN SPECIAL CRIMINAL UNIT, POLRESTABES OF SEMARANG CITY
Fiduciary crime is a problem that is often encountered in the business world, especially in consumer financing. This problem occurs in almost all financing institutions, if the problem is a criminal act, then to deal with it the creditor reports to law enforcement officers in this case the police. There were 54 cases reported by the citizen related to fiduciary crime from 2015 to March 2018 and 21 cases were settled. Keywords: Investigation, Crime, and Fiduciary
REINFORCEMENT OF REGIONAL REGULATION ON ERADICATION OF PROSTITUTION CONDUCTED BY SATPOL PP, BATANG REGENCY
This paper is based on the background of Satpol PP efforts in enforcing Batang District Regulation Number 4 Year 2015 on the Amendment of Batang Regency Local Regulation Number 6 Year 2011 on the Eradication of Prostitution in Batang District. It is also called Perda Eradication of prostitution, this regulation is the main actor in enforcing the local regulations. The formulation of this research problem was how the enforcement of the Regional Regulation on the eradication of prostitution done by Satpol PP. This research method used non-doctrinal research type which can be categorized into qualitative research. It was expected to get deep data and meaningful data. The results showed that in enforcing prostitution law by doing raids both independent and combined raids. Then after catching the violators, Satpol PP conducted repressive action either Non judicial or Pro judicial.
ADULTERY LEGAL REVIEW IN ISLAMIC CRIMINAL LAW AND INDONESIAN CRIMINAL LAW
Adultery provisions in legislation in Indonesia have not been very effective in overcoming adultery problems in Indonesia. A shift in moral values in certain communities has also taken place, which can be seen from the behavior of some adulterers who are increasingly brave and do not reflect guilt. In this country of Indonesia, all of its people are the God of the Almighty and the majority are Moslems in which the religion of Islam is a very strict and strict religion prohibiting the act of adultery. Adultery carried out by adults, both like, both voluntarily, knowingly and consciously does not include criminal acts according to Article 284 in the Criminal Code (KUHP). This is very different from the law of adultery in Islamic criminal law. This study discusses the form and criminal sanctions on adultery offenses in Islamic criminal law and positive Indonesian criminal law. Keyword : Adultery, legislation in Indonesia, criminal sanctions
IMPOSITION OF SANCTIONS ON INVESTIGATORS WHO COMMIT VIOLENCE IN THE INVESTIGATION PROCESS AT KUDUS POLICE STATION
From the results of the study, it can be shown that in the imposition of sanctions on investigators Lulus Rahardi was committed violence in the investigation process at the Kudus District Police. The sanction was in the form of administrative and criminal sanctions. Administrative sanction given to Bripka Lulus Rahardi was according to the Decision of the Disciplinary Assembly No. KEP/10/XI/2013. He had violated Article 5 letter a Government Regulation Number 2 year 2003 with disciplinary sanctions in the form of written warning, placement in a special place for 21 days from December 6, 2013 to December 26, 2013 and transferred from the Criminal function to the function Sabhara in accordance with Article 9 letter a, e and g PP No. 2 of 2003. Criminal sanctions received by Lulus Rahardi in the District Court Decision Number. 14/Pid/B/2015/PN.Kds was imprisonment for 6 (six) months. The things that can prevent the re-occurrence of violence in the investigation process at the Kudus Police Station consist of 3 (three) things, namely the investigator in carrying out the investigation should be recorded by CCTV/Video, supervision by the Professional and Security Section (Sipropam) as well as coaching and socialization for the offender about The National Police Professional Code of Ethics receives disciplinary sanctions, disciplinary penalties up to PTDH as stipulated in Law No. 2 year 2002 concerning the National Police of the Republic of Indonesia. Government Regulation Number 2 year 2003 concerning Member Discipline Regulation of the Indonesian National Police and Perkap No. 14 of 2011 concerning the Professional Code of Ethics of the Indonesian National Police. Keywords: Sanctions, Investigators, Violence, Investigations.
EFFECTIVENESS OF THE IMPLEMENTATION OF THREATS OF ADDITIONAL CRIMINAL SANCTIONS TO RETURNS THE STATE FINANCIAL LOSSES IN CORRUPTION CRIMINAL ACT
This study aimed to describe and to analyze more about the additional criminal effectiveness in the form of returning state losses to corruption and also aimed to find out and to examine the obstacles in the implementation of court decisions related to the return of state financial losses with replacement money. Corruption is now one of the extraordinary crimes that endangers the stability and security and economic development of Indonesia. As a criminal act that has an impact on state losses, the most important essence in eradicating corruption is related to the return of state losses due to criminal acts of corruption. From this view, the question arises whether the application of additional criminal acts in the form of returning state losses can be effectively implemented based on the provisions of Article 18 of Law Number 31 of 1999 Jo. Law Number 20 of 2001. This research used juridical empirical legal method with the nature of descriptive research used primary and secondary data sources. It also used document study techniques, interviews and reading resources related to existing problems. This study used non-probability sampling technique and used purposive sampling in determining research samples. Based on the research that has been done, it can be seen that the application of additional crimes in the form of returning state losses has been implemented but cannot yet be effective in an effort to recover state losses due to corruption and suppress the number of corruption in the Semarang District Court. In addition, the number of corruption cases decreased from 149 cases in 2016 to 110 cases in 2017. While for corruption cases in 2016-2017 there is no record of state losses. Constraints in the implementation of court decisions related to the return of state losses are the assets of the convicted person who has changed hands, administration of dual residence, and the length of the trial process until the decision has permanent legal force so that execution can be carried out. Keywords: effectiveness, additional criminal, returning state losses, corruption
LEGAL’S ROLE POLITICS AND THE EFFECT OF POLITICAL PARTIES IN GOVERNMENT Legal Politics of the Role and Interest of Political Parties in Government
Legal Policy in the basic foundation in shaping and policies in governance. The government has state equipment in charge of running the government properly in according with their respective portions. The principal state equipment is executive, legislative, and judicial. Executive and legislative power is run by cadres of political parties elected in the election. Indirectly political parties are state equipment who have an important role in government. Political parties can also influence government in the policy making process. In its development, political parties experienced changes from time to time until now. Political parties become a container through their roles in the political system in society, namely as a place to channel the aspirations of the community to the participation of the community in becoming cadres of political parties. These cadres then sit and become party representatives as well as representatives of the people to convey the aspirations and interests of the community and take policies for the welfare of society. Keywords : Legal Policy, Political Parties and policy making process
Copyright (c) 2020 The 4th International and Call for Paper
THE EFFECTIVENESS OF LEGAL ENFORCEMENT ON BLESPHEMY OF RELIGION IN CIREBON POLICE AREAS
Account posts belonging to the chief of DPD National Democratic Party Cirebon District Sukryadi, S.E. was reported by the Radar Cirebon Daily Newspaper by the title " MENJADI PEMIMPIN JANGAN TAKUT SAMA ALLAH, APALAGI TAKUT SAMA UNDANG-UNDANG, KALAU SAYA DIPERCAYA JADI BUPATI RAKYAT SEGALANYA BAGIKUâ€ (Being a leader do not afraid to Allah, even to law. If I am trusted to become Regent, the people is everything for me) The above article has become viral in various social and electronic media. Moreover, it has made anxious Muslims in Cirebon in particular and West Java in general. It was finally reported to the Cirebon Police in 2017 by a number of Cirebon Islamic Mass Organizations led by H. Sugiyono, S.T. But unfortunately this reporting did not lead to a court, so that legal certainty for Reporting Parties and Reported Parties becomes unclear, Legal Supremacy could not be felt by the public. In the case referred to the Cirebon Police Investigator through SP2HP clearly stated that the first was Not Enough Proof, the second Fatwa of the Cirebon Regency MUI was not included in blasphemy so that this case the investigation could not be followed up to the investigation. From the reasons presented by the Cirebon Police Investigator through the SP2HP, it invited various questions for the Author. This is where the author was interested in conducting research in this field. The problems discussed are how the effectiveness of law enforcement against blasphemy crime in the jurisdiction of the Cirebon district police. The research method used was juridical approach, it was used to obtain primary and secondary data and both data were analyzed qualitatively which also were compiled logically, systematically and juridically. Based on the results of research in handling criminal cases of blasphemy in the jurisdiction of the district police of Cirebon was less than optimal. It was hoped that in the future, law enforcement must be in accordance with the Criminal Code and the existing legislation. Keywords: Convey the truth even though it is bitter
ACHIEVING ETHNICS ORIENTED BUSINESS THROUGH LAW ENFORCEMENT
Business ethics invites business actors to create good business image and management in order for the business to be accessible to everyone who believes in an ethical dimension in the business world. This at once dispels the bad image of the business world as a dirty, cunning, and deceitful activity. Business Ethics is the art and discipline in applying ethical principles to examine and solve complex moral problems. Business ethics m enyadarkan businesses as consumers, workers or employees and the wider community, will defend their rights should not be violated. This is often forgotten and rarely mentioned in business. Law enforcement very important and necessary , as an appropriate means to encourage the adherence of values ethical certain in business . Keyword : Business ethics, business actors, business management
LEGAL PROTECTION FOR DEBTORS IN SELLING OF IMMOVABLE GUARANTEED OBJECTS BELOW THE MARKET PRICE IN INDONESIAN POSITIVE LAW
The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party. Keywords: Protection; Sale; Positive Law; Immovable Objects
A MALAYSIA OF CITIZENS: ETHNICITY, MEMBERSHIP AND POLITICS OF MERGER
This paper examines the political history of the relationship between Malaysia and Singapore, focusing on the notion of citizenship and its ethnic, civic and political dimensions. It analyses the extent to which the merger of Singapore with Malaysia redefined the citizenship boundaries of the Malaysian national political identity. The incorporation of Singaporean citizens into the Malaysian political community was controversial, as it was closely related to electoral stakes. The ruling People’s Action Party and the Alliance Party attempted to delineate the political sphere of the population of each political unit through the demarcation between ‘citizenship’ and ‘nationality’. However, the citizenship crisis continued to trouble the relationship of these states to the point that both parties breached the perceived agreement not to interfere with the other’s political sphere of influence. This sphere of influence was delineated on the basis of race, thus cutting across political territory rather than territorial attributes. The ideological clashes over the meaning of citizenship that arose during the political merger of Singapore and Malaya, show that a truly Malaysian citizenship could not be developed – only a Malaysia of citizens. Keywords and phrases: Citizenship, Ethnicity, Political Merger, Extraterritorial Electoral Participation.
THE DOCTRINE OF PUBLIC POLICY AS A GROUND FOR THE ANULLMENT OF ARBITRAL AWARD IN INDONESIA
This research aims to determine the position of the doctrine of public policy as a ground to annul foreign arbitral awards in Indonesia. The methodology used in this research is normative juridical research method. The results of the study concluded that in practice the use of public policy doctrine as a reason for the annulment of awards may be conduct by the country, because if the award is executed it will cause a great jolt in the Indonesian legal system. However, on the other hand, if this doctrine is often used as a reason to refuse an enforcement of foreign arbitral awards, it will also be a negative assessment for Indonesia in the eyes of the world and affect Indonesia's relations with other countries. Key Words: Public Policy, Award,Arbitration
THE PROBLEMS IN MULTIPARTY SYSTEM IN THE INDONESIAN PRESIDENTIAL GOVERNMENT SYSTEM
The presidential system of government is deemed incompatible when compared with a multiparty system because it will cause government instability. The elected president is likely to not get parliamentary support. Indonesia is one of the countries with a multi-party presidential system. The existence of political parties cannot be avoided, because Indonesian society consists of various ethnic groups, religions, races and cultures. Political parties are diverse, there are religious parties, nationalist parties, and nationalist-religious parties. Simplification of political parties is needed to ensure the stability of government. Permanent political party coalitions can be an alternative solution.
RECONSTRUCTION OF SAVING FINANCIAL STATE LOSSES IN HANDLING CRIMINAL ACTION IN INDONESIA THROUGH JUSTICE-VALUE BASED
In carrying out the management of this state finances, it should be noted that although there have been several laws and regulations regulating the management of financial state, both at the central level and up to the level of Province, Regency or City even now to the village level throughout Indonesia, there were still many irregularities found by individual state finance managers. This particular matter will cause loss of financial state. The handling of criminal acts, including corruption, is currently emphasizing the retributive justice approach, which I think we need perform a new approach called restorative justice. The retributive justice approach putting morecriminal sanctions (primum remidium) has experienced mayfailures in both preventing and eradicating corruption. As written in the applied corruption rules, the goal addressed by the law makers is how law enforcement officers work optimally to recover losses to the state. As the failure to prevent and eradicate corruption by using retributive justice approach, a new approach is urgently needed, namely the restorative justice. Besides Restorative justice approach has a function to prevent and eradicate corruption, this approach can be also used as a means of optimizing the return of losses to the state and saving costs incurred in managing a corruption case. In this case, the rescue of financial state losses in the handling of corruption cases in Indonesia is indispensable, by looking at the related laws which are not yet effective, which actually triggered more harm to the state in terms of financing the process of implementing law enforcement against corruption cases. Therefore, the existing ralated laws related to corruption eradication, the commission of eradicating corruption and state finances must be reconstructed regarding how deficiencies need to be improved in terms of legal reconstruction and reconstruction of values. Keywords: Reconstruction of Saving Financial State, Criminal Action, Value of Justice.
IMPLEMENTATION OF RISK MANAGEMENT ON SHARIA BANKING
Banking as a financial intermediary, both banks in general and Islamic banking in particular will always be faced with various types of risks with varying levels of complexity and are inherent in its business activities. Islamic banking as a part of the national banking has obtained a place with the issuance of Law Number 21 of 2008 concerning Sharia Banking. Islamic banking also has potential risks that must be managed properly. In particular, risk management arrangements for Islamic banks do not yet exist, but the concept of risk management in conventional banks can be applied to Islamic banks by adjusting to the rules of Islamic law. According to the Regulation of the Financial Services Authority Number 57 / Pojk.03/2016 Regarding the Application of Risk Management in Commercial Banks Conducting Customer Service Prima Jo. PBI Number: 11/25 / PBI / 2009 Concerning Amendments to Bank Indonesia Regulation Number 5/8 / PBI / 2003 concerning Application of Risk Management for Commercial Banks, that Sharia Commercial Banks are required to apply Risk Management for at least 4 (four) types of Risk namely Credit Risk, Market Risk, Liquidity Risk and Operational Risk. Keyword : Implementation, risk management, sharia banking
LEGAL ENFORCEMENT OF LAND FUNCTION CONVERSION (CASE STUDY IN KUNINGAN DISTRICT)
Kuningan District has enacted the Regional Regulation of the RTRW which is a guideline in establishing the Long Term Development Plan (RPJP) and the Medium Term Development Plan (RPJM), with the main objective of supporting Kuningan as an Agriculture and Tourism-based Conservation District. However, at the level of policy implementation, there is a tendency for violations of land use change. The issues discussed are how to implement law enforcement against violations of land use change, and what factors influence the law enforcement process. This research is non-doctrinal research methods with a socio-legal approach. The results of the study explain that the law on spatial planning and regional regulations concerning the RTRW has regulated the law enforcement mechanism both with administrative sanctions, civil sanctions and criminal sanctions. It's just that the sanctions that have been formulated in the law, the implementation is not optimal. Some factors that influence are economic, political and cultural factors. For this reason, it is necessary to carry out the reconstruction of regional policies in the spatial sector so that regulations and law enforcement can function optimally. Keywords: RTRW, land use transfer, law enforcement,Â
LEGAL CONSTRUCTION IN DIVERSION IMPLEMENTATION IN CHILDREN'S CRIMINAL ACT
The implementation of diversion has not been carried out in accordance with existing provisions. Criminal acts involving children dealing with laws that are very likely to be attempted diversion, but due to lack of human resource capacity of law enforcement officials to convince victims of the impact of diversion on children, and there are some diversions that do not get assistance from Correctional Guidance. The obstacle faced by investigators in carrying out diversion against children is the lack of coordination between agencies that carry out the diversion, in addition to the lack of public trust in the implementation of diversion rules. Although it has been regulated in the Law, the idea of diversion is still hindered by the view of people who tend to be grudging and want to retaliate against children who commit criminal acts, without thinking about the impact that the child will face. Diversion is a very important policy applied to protect children from the formal justice process. But sometimes the authorities are still hesitant to run it. This is because the demands of the community, politics, or others are taken into account by the apparatus. The apparatus is also afraid of being blamed if the child repeats his actions later on. The community is also still pessimistic about apparatus diversion policies that will harm the interests of certain parties. Formulation of criminal mediation in the future, in material criminal law substance related to criminal mediation, can be included or outside the general rules of mediation. It covers the type of criminal offense resolved by criminal mediation namely a minor criminal act with the crime caused in a very small crime or criminal act heavy with the restrictions set by the legislator by paying attention to the sense of justice in the community. Criminal mediation can delay the conduct of investigations, prosecutions and trials. Criminal mediation is as a reason for eradicating investigations or prosecutions, criminal penalties that take into account criminal mediation as a factor that mitigates criminal prosecution or does not impose penalties or elimination of criminal penalties for longer. In formal criminal law, the substance related to criminal mediation can be regulated in the reason for termination of prosecution, including the termination of investigations, diversionary authority of law enforcement officers for child crimes. The formulation of the consequences or legal consequences of settlement is done through criminal mediation and criminal mediation institutions. Keywords: Legal Construction, Diversion, Substance and Legislation FormulationsÂ
STUDY OF LAW NO. 11 OF 2008 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS IN PROTECTING THE TRADE MARKET THROUGH ELECTRONICS BASED ON THE DEVELOPMENT OF CYBER CRIME IN INDONESIA VIEWED FROM THE PERSPECTIVE OF FREEDOM OF CONTRACT
E-commerce is a form of trade that is relatively new also can not be separated from problems in its implementation. The problems that arise in the implementation of e-commerce include the validity of contracts in e-commerce (online-contract / econtract) and the strength of the proof of the contract if there is a dispute especially based on the principle of contractual contract. In the field of civilization, a wider problem occurs because electronic transactions for trading activities through electronic systems have become part of national and international commerce. This fact shows that the convergence in information, media and informatics (telematics) technology continues to be unstoppable, along with the discovery of new developments in the fields of information technology, media and communications. Law No. 8 of 1999 concerning Consumer Protection does not specifically regulate consumer rights in e-commerce. In other words, it is difficult for consumers to sue e-commerce businesses with Law Number 8 of 1999 concerning Consumer Protection because e-commerce businesses are very difficult to reach. While the regulations used to regulate e-commerce transactions are Law Number 11 of 2008 concerning Information and Electronic Transactions, but in this law, there are no provisions specifically regulating the protection of consumers against acts of default of business actors in e -commerce. Law Number 11 of 2008 concerning Information and Electronic Transactions is adapted to the development of e-commerce, including the number of cases of consumer losses that arise in the community, due to defaults from e-commerce business actors, so that a provision can be made in this law concerning the protection of consumers against the actions of defaulters of businesses in e-commerce transactions. Restrictions on the principle of freedom of contract can also be concluded through article 1338 paragraph (3) which states that an agreement is only carried out in good faith. Therefore the parties cannot determine at will the clauses contained in the agreement but must be based and implemented in good faith. Agreements based on bad faith such as fraud having legal consequences of the agreement can be canceled.Â
JURIDICAL REVIEW OF THE IMPOSITION OF ADDITIONAL PENALTIES FOR PERPETRATORS OF CORRUPTION IN INDONESIA
To eradicate corruption, strict sanctions must be applied in order to have a deterrent effect on corruptors, at the same time it is expected to stop anyone from committing corruption. One of the latest breakthroughs was to apply additional penalties, namely revocation of certain rights. The perpetrators of corruption would lose the right to vote and be elected in public office. The additional criminal imposition in the corruption case was still relatively new, so it was very interesting to study. This study discussed the suitability of additional criminal imposition of the revocation of the right to vote and be elected in public office against the convicted person of corruption by Article 38 of the Criminal Code and how to revoke the right to vote and be elected in a public position. From the background above, then the problem in this paper was how were additional penalties in criminal corruption cases, and how was the process of implementing additional penalties in criminal cases of corruption. Given this study used a normative approach, then the collection of legal materials was carried out with procedures for identification and inventory of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicated that additional penalties in corruption cases must be understood as part of the efforts to prosecute those who broke the law. The methodology used was how the process of carrying out additional penalties in criminal cases of corruption was as an effort to restore state assets. How was the process of implementing additional punishments in cases of corruption in the case of revoking political rights in Indonesia. The problem approach used in this study was the normative juridical approach. Based on this approach, this study covered the scope of a positive legal inventory research. Considering that this research used a normative approach, the collection of legal materials was carried out with procedures for identification and inventory of primary legal materials, secondary legal materials and tertiary legal materials. In this case the law violated was a criminal act of corruption. Criminal act of corruption was a special crime. The principle of its enactment was that special criminal law was prioritized over general crimes. Additional forms of penalties included: deprivation of goods, payment of substitute money, closure of the company. If the convict did not pay the replacement money, then the property could be confiscated by the prosecutor and auctioned to cover the replacement money. The process of implementing court decisions was generally regulated in Chapter XIX of the Criminal Procedure Code. In the event that a judge imposed additional criminal penalties in the form of a replacement payment, the convict was given a period of one month.Â
REFORM OF LEGAL EDUCATION AS AN EFFORT TO PREVENT CORRUPTION
One of the goals of legal education reform in educational institutions such as universities was the effort to create human resources that had sensitivity to the condition of Indonesia. The distinction of this resource exclusively compared to other educational graduates was that the power to understand law was not only in book but alsoin real or law in action. Legal translation was not only limited to written but it was expected to be applied in the midst of society in accordance with the purpose of law. Corruption was an act that could destroy people in a mass, because the act of corruption cut off the rights of other communities that should be used to support a more decent life. To instill the nature of caring and enforce the law in accordance with the prevailing provisions, the character education effort was required, character education for students of law facultywas to apply the supporting subjects of legal philosophy, legal sociology, legal anthropology, ethics of legal profession and religious education. These course componentswere expected to be able to guide the students to not only understand the law as the written book of law but also to understand the law in an unwritten manner. Keywords: Legal Education, Prevention, CorruptionÂ
SOCIOLOGICAL JURIDICAL REVIEW OF THE CHILD COMMITTING THEFT CRIME AT THE DEMAK STATE COURT
Children are the generation of the nation and the successor of development. They are the generation prepared as the subject to administer sustainable development and the controller of a country in future. All children are the gift from the Almighty Allah who must be guided and protected. Their rights must not be deprived and reduced.This is in accordance with the general principles of child protection as stated in the Convention on the Rights of the Child ratified by the Government of Indonesia through Presidential Decree Number.36 Year 1990, Article 1 point 12 of the Bill Number.35 Year 2014 concerning Child Protection that a child is a part of human rights that must be guaranteed, protected and fulfilled by parents, family, community, government and the state. In the enforcement of human rights and the rule of law, protection of public interests and protection of children, in accordance with article 1 to 12 of the Bill No.35 Year 2014 concerning Child Protection, children must get protection. Likewise, in handling cases of criminal acts of theft at the Court of Demak district, the child whosea criminal act has the right to be protected, from the moment he is arrested and / or detained, he has the right to get legal assistance at every level of criminal justice system examination. He is also entitled to deal directly with his legal counsel without being heard by the authorized official and as long as the child is detained, then the physical needs, spiritual and social needs must be fulfilled, in accordance with the Criminal Code and the Bill Number 11 Year 2012 concerning the Criminal Justice System of Children . This study uses descriptive analytical research methods by the cause that researchers in analyzing the study want to give an overview or exposure to the objects that become the subject matter. The object referred to here is the role of parents in increasing legal awareness of children who commit theft and the efforts of parents to provide safety riding education for children in accordance with the applicable laws and regulations. Keywords: child, crime, theft.Â
FUNCTIONALIZATION THE CUSTOMARY INSTITUTION AS LAW ENFORCEMENT EFFORTS IN WEST SUMATERA
Â Â Various legal problems that occur in the community require effective and efficient formulations to be used to overcome them. Legal communication is traditionally considered more effective to be implemented as a law enforcement effort. This can be done through existing customary institutions. This research is a socio legal research. The method used to solve problems was qualitative research methods. The results of the study showed the form and relationship of customary institutions with legal communication systems that already exist in the community in an effort to uphold the law. It is as a place for the community to resolve various legal problems they face. The role of customary institutions in law enforcement in marginal areas is as a means that can be utilized by the community as soon as possible because it is closest to their daily lives. Customary institutions only play a role in resolving civil cases not in all legal cases. The influence of the role of customary institutions on law enforcement in marginal areas in certain regions does not have a significant influence. However, there are still areas, in law enforcement, are still using existing customary institutions. Restoring the function of customary institutions as the closest to people's lives is part of non-penal efforts to deal with crime as a form of law enforcement. The model of the function of the developed customary institution is a form of efforts to restore the value of local wisdom. Keywords: Customary Institution, Functionalization, Law EnforcementÂ
THE VERIFICATION OF CLOSE CIRCUIT TELEVISION (CCTV) STANDING IN INDONESIA POSITIVE LAW PERSPECTIVE AND ISLAMIC VALUES
The purpose of this study was to strengthen the verification of Closed Circuit Television (CCTV) as an evidence in the court process in Indonesia. Considering that CCTV is always used as an evidence. One of the courts to the case of criminal theft in District Court of Semarang states that CCTV is a supporting evidence through a decision of No.176/Pid.B/2016/PN.Smg. However,The article 5 Section (1) and (2) UU No. 11 Year 2008 jo UU No. 19 Year 2016about Information and Electronic Transaction Jo Constitutional Court Decision No. 20/PUU-XIV/2016 7th of September 2016regulates that electronic information and electronic documents are valid evidence and as an expansion of valid evidence based on the applicable procedural law in Indonesia. However, there is a gap in criminal code procedures (KUHAP) that haven't set it yet. The article 184 section (1) KUHAP only mentions 5 criminal evidences such as witness information, expert information. Letter,instruction, and defendant information. Therefore, the research used normative juridical method stated the importance of CCTV role in proving a crime by optimizing the latest technology. This research used Islamic values as “Knife Analysisâ€ which puts forward the principle of legality, the presumption of innocenceand the prohibition of moving errors to others. Keywords: Verification, Standing, Closed Circuit Television (CCTV), Technology, Islamic Values
COMPARATIVE STUDY OF GUARANTEE LAWS ACCORDING TO ISLAMIC LAW AND CIVIL LAW IN POSITIVE LAW IN INDONESIA
The Law of Guarantee is the whole of the legal rules that govern the legal relationship between the giver and the recipient of the guarantee in relation to the imposition of collateral to obtain facilities / credit. In general, guarantees in Islamic law (fiqh) are divided into 2 (two), namely guarantees in the form of people (personal guarancy) and guarantees in the form of property. The first is often known as dlaman or kafalah. Whereas the second is known as rahn. The formulation of the problem is how is the comparison of guarantee law according to Islamic law and civil law in positive law in Indonesia. The research method is normative juridical. The results of his research are the existence of guarantees recognized in Islamic law. For guarantees provided by other parties for obligations / achievements that must be carried out by the guaranteed party (debtor) to the party entitled to fulfill the fulfillment of obligations / achievements (creditors) referred to as kafalah. While guarantees related to objects / assets that must be given by the debtor (the person in debt) to the creditor (the person in debt) are called rahn. In the legal system in Indonesia, guarantees are classified into guarantees that are born because they are determined by laws and guarantees born of agreements, general guarantees and special guarantees, collateral that is material and individual rights, collateral for movable objects (onroerende goederen) and objects immovable (onroerende zaken), guarantee by mastering the object and without mastering the object. Keywords: Comparative Assurance, Islamic Law and Civil Law.Â
EXISTENCE AND FORMULATION OF REGIONAL LAWS ON INTELLECTUAL PROPERTY PROTECTION OF TRADITIONAL COMMUNITY IN INDONESIA
At present, misuse of intellectual property of traditional communities in Indonesia is so massive and continues until now. So, the need for legal protection under regional laws to safeguarding and preservation for it should be determined. Unfortunately, Laws No.28 of 2014 on Copyright and Law No. 23 of 2014 on Regional Government, traditional communal traditional wealth is no longer the concurrent authority of regional government. The aim of this study is to track back histories of regional laws in the past and to search a regional laws formulation to construct the protection of the intellectual property of regional communities that can be carried out by the local government. Method for this research based on a juridical-normative approach. To answer the issue of existence laws used legal history and statute approach. In search to formulate regional regulations concerning protection of intellectual property of traditional communities used synchronization of law, based on Law No. 12 of 2011 on the Formulation of Law and Regulations Keywords: protection, regulation, intellectual, community, traditionalÂ
The use of foreign workers in Indonesia will threat local workers. The increase of foreign worker give bad impact to local worker. The research was conducted using qualitative approach. The result showed that local government did not monitore the working period and local worker quality development, therefore the existance of local worker will be threated with the increasing amount of foreign worker. Keywords : foreign worker, risk, local workerÂ
OVERVIEW THEORY OF LEGAL PROTECTION AGAINST THE DRIVER RESPONSIBILITY PARTNERS (PARTNERS PT. GO-JEK INDONESIA) UNDER LAW NO. 8 OF 1999 ON CONSUMER PROTECTION
In the millennial era is now highly developed transportation thanks to the support by the progress of science and technology. One is a motorcycle online. Ojeks online now Become a promising business, a company that develops online applications this motorcycle is GO-JEK. GO-JEK with the motorcycle driver to the make cooperation ie partnership agreement. Driver in here as a partner of PT. GO-JEK. So the consumer gets a partner of online-based application that was developed by PT. GO-JEK as intermediaries for services through the application. So that the driver is domiciled as service providers directly to consumers. Issues raised in this paper is the responsibility of online motorcycle motorcycle taxi driver is a partner of PT. The method used is the method of Juridical sociology, the primary method to Obtain the data by interviewing directly by the parties concerned. This type of research is a field research. Based on the results Obtained, the responsibility of motorcycle taxi drivers to passengers who experience losses due to accidents are a principle. Responsibility for the presumption of guilt.The carrier is held responsible, UNLESS he can PROVE that the Negligence or fault is on the consumer. While the PT. GO-JEK remains responsible by giving compensation According to the terms and conditions. Obstacles faced in the implementation of the responsibilities of the driver partners (partner PT. GO-JEK) to the service user in accordance with Law no. 8/1999 on Consumer Protection is divided into two items, namely: Internal and external barriers. Keywords: Legal Protection, Responsibility, Partner DriverÂ
ANALYSIS OF THE INDONESIAN CRIMINAL CODE ARTICLE NO. 359 IMPLEMENTATION ON MEDICAL MALPARTICE CASE (Case Study on the Supreme Court Verdict No.: 365-K/Pid./2012)
This study aims to examine and analyse the implemetation of Article 359 of Criminal Code on medical malpractice case which was happened in the State Court of Manado jurisdiction. The study is starting at the present of implementation gap of law by the judge assembly of Indonesian Supreme Court based on considerations about “medical negligence of the accused that cause the death of the pastientâ€. This study is a library research that used juridical normative approach which analyse the verdict of Supreme Court Judges based on enacting statute.The study using the secondary data i.e Supreme Court Verdict No. 365.K/Pid/2012 and related statutes. Data analysis and interpretation was performed using the comparative analysis technique. The result shows: (a) The supreme court conducted an unappropriate manner in receiving the cassation appeal from the prosecutor for the verdict “ free of chargeâ€ from the state court of Manado; (b) The verdict of judges assmbly of the supreme court which sentenced “guiltyâ€ to the accused on violating the article 359 Criminal code is irrelevant, because there is no basis for stating that administrative negligence of the accused have any causative correlation with the death of the victim; (c) The verdict of judges assembly to sentence with 10 month stay in prison was imprroper because there is a justifier reason to make the accused free of Criminal charge. Keywords: malpractice, medical, negligence, CriminalÂ
RECONSTRUCTION OF THE PROVISIONS OUTSOURCING
U.s. outsourcing arrangement does not formally exist in Law 13/2003 on employment, the interpretation of the provisions of Article 64-66 jo. Article 59 of Law 13/2003, jo. Decision of the Constitutional Court No. Jo. 27/PUU-IX/2011 has become a "social conflict." Hence devising a regulatory mechanism for the practice of outsourcing is urgent to resolve the current labor problems in Indonesia. Using normative legal research methods, this paper finds that the absence of a precise definition of outsourcing leads to two different formulations of the notion contrary to the elements of a work contract. Article 1 of Law No. 15 defines a typical work relationship as a relationship between employers and workers/laborers under a labor agreement that complies with the cumulative elements of work, wage and order. Inconsistency between this definition and the legal effects of outsourcing impacts the already weak position of workers, which may be argued to be a modern form of slavery, in the outsourcing relationship. This paper recommends that reforms in outsourcing should address ambiguities in the identification of legal persons and the formulation of their rights and obligations in order to clarify the who shall be legally responsible for the protection and implementation of workers ' rights in an outsourcing arrangement. Keywords : legal protection, outsourcingÂ
THE ROLE OF INDIGENOUS PEOPLES AND CUSTOMARY LAW IN THE DEVELOPMENT OF NATIONAL LAW THE PARADIGM OF PANCASILA
Long before the entry of foreign traditions into Indonesia, Indonesian society was believed to have been regulated by the values of customary law. Adat is basically understood as a binding norm that is preserved by the community to regulate the daily lives of humans, so that adat is by itself a law. The formulation of the problem is how the role of indigenous peoples and customary law in the development of national law that has the Pancasila paradigm. The research method is normative juridical. The result of his research is that customary law is an important source for obtaining materials for the development of national law, which leads to the unification of the making of laws and regulations without neglecting the growth / development and development of customary law, habits in legal development. Pancasila as a source of legal order is very meaningful to customary law because customary law is rooted in folk culture so that it can manifest the real and living legal feelings among the people and reflect the personality of the Indonesian people and nation, especially indigenous peoples. Thus customary law is philosophically a law that applies according to Pancasila as a life view or philosophy of life of the Indonesian people. For example, magical religio, mutual cooperation, consensus and justice. Thus Pancasila is a crystallization of Customary Law. Keywords: Role of Indigenous Peoples, Customary Law, National Development, Pancasila.Â
THE ANALYSIS OF LEGAL PROTECTION ASPECTS FOR WOMEN AS VIOLENCE’S PERPETRATOR BASED ON JUSTICE VALUE
Households between husband and wife, and parents and the children conflict often occur. It is a natural thing in a household, there is no household that runs without conflict, almost all families have experienced. The different is how families resolve and overcome the conflicts. Each family has its own way to solve the problem, how the family resolves the problem depends on family members how to deal with a problem calmly without emotion and prioritize personal interests, so the problem can be resolved properly. The state's obligation to carry out the elimination of domestic violence is carried out through the criminal justice system. Criminal justice system can be interpreted as the use of a system approach to the mechanism of criminal justice administration and criminal justice as a system as a result of interactions between legislation, administrative practices and rational attitudes or social behavior and by efficient means to provide certain results with all its limitations. Domestic violence is categorized as a juridical crime stipulated in Law Number 23 year 2002 concerning the Elimination of Domestic Violence. The scope of the household includes husband, wife and child; people who have family relationships because of blood relations, marriage, dairy, care, and guardianship, who live in the household; and/or people who work to help the household and settle in the household. As a crime, domestic violence can be punished as a criminal threat stipulated in Law Number 23 year 2002. Domestic violence can be carried out by women, all the physical violence, psychological violence, sexual violence and neglect. Women in the criminal justice system are still protected by the separation of detention rooms and examined by women's units. In a crime prevention system, character education is needed especially for prospective parents to provide an understanding of the concept of marriage, being a wife, husband, daughter-in-law, parents and members of a community. Keywords: Legal protection, Women's Domestic Violence, Value of JusticeÂ
THE WEAK OF THE REGIONAL REPRESENTATIVES IN MAKING LAWS
The position of the Regional Representative Council is expressly regulated in the 1945 Constitution of the Republic of Indonesia. The institution which is set in the 1945 Constitution of the Republic of Indonesia is the state institution that has equal positions with other state institutions regulated by The 1945 Constitution of the Republic of Indonesia. It means that the position of the Regional Representative Council is constitutional and strong because it is governed directly by the 1945 Constitution of the Republic of Indonesia. In addition, the position of the Regional Representative Council is equal to The People's Consultative Assembly, the House of Representatives, the Government, the Audit Board, the Constitutional Court, the Supreme Court, and the Judicial Commission.
REVIEW THE PRODUCTIVITY OF THE PEOPLE'S REPRESENTATIVE IN MAKING LAWS
The main function of the House of Representatives is to make laws. The 1945 Constitution of the Republic of Indonesia as a constitution gave power to the House of Representatives to make laws. Even the 1945 Constitution of the Republic of Indonesia has also been regulated in relation to the mechanism of law making by the House of Representatives. The mechanism of law making by the House of Representatives is regulated in Article 20 Chapter VII of the 1945 Constitution of the Republic of Indonesia. The mechanism for making laws by the House of Representatives regulated in the 1945 Constitution of the Republic of Indonesia has normatively provided convenience for the House of Representatives in making laws.
HONEST AND FAIR GENERAL ELECTIONS TO ORGANIZE THE LAW
The general election serves to elect the President and Vice President, the House of Representatives, the Regional Representative Council, the Provincial, Regency/City Regional Representative Council which has the capacity. If the 2019 general election cannot elect the President and Vice President, the House of Representatives, the Regional Representative Council, the Provincial, Regency/City People's Legislative Assembly which has the capacity, this will have a negative impact on the people and the country. Therefore, the 2019 general election is important for the people of Indonesia to be able to elect the President and Vice President, the House of Representatives, the Regional Representative Council, the Provincial, Regency/City People's Representatives Council who have the capacity. If the general election can elect the President and Deputy President, the House of Representatives, the Regional Representative Council, the Provincial, Regency/City People's Representative Council which has the capacity there will be a correct legal arrangement. The law will be arranged properly because those who make the law are people's representatives and the government. But the conditions for obtaining the President and Vice President, the House of Representatives, the Regional Representative Council, the Provincial, Regency/City People's Legislative Assembly that have competence will be realized if there are honest and fair elections.
REGULATION FOR THE POLITICAL PARTY FUNDING IN INDONESIA
The way to solve problems related to political party funding is to regulate political party funding. The regulation of political party funding in Indonesia needs to be carried out strictly so that there are no more problems related to political party funding. It is true that currently political party funding has been arranged. The regulation on political party funding has actually been regulated in the Law of the Republic of Indonesia Number 2 year 2011 concerning Amendments to Law Number 2 Year 2008 concerning Political Parties.
Legislation that regulates corruption is Law Number 31 year 1999 concerning the Eradication of Corruption Crimes as amended by the Law of the Republic of Indonesia Number 20 Year 2001 concerning Amendments to Law Number 31 year 1999 concerning Eradication of Corruption Crimes. The law actually regulates in full the eradication of criminal acts of corruption. So that actually in legal instruments, the Indonesian state already has a legal instrument to eradicate corruption. In addition to these rules there are also rules relating to the eradication of criminal acts of corruption. There are several rules that have been made by the state that are related to combating corruption. The Law of the Republic of Indonesia Number 8 year 2010 concerning Prevention and Eradication of Crime of Money Laundering is one of the relevant laws and regulations to make efforts to eradicate criminal acts of corruption.
LAND REDISTRIBUTION ARRANGEMENTS AND ITS CHALLENGES
The difference in understanding the actual redistribution of land can be resolved by looking at the provisions on land redistribution in Government Regulation Number 224 year 1961 for the Implementation of Land Granting and Compensation. The arrangements and provisions regarding land redistribution have been regulated in Government Regulation Number 224 year 1961 for the Implementation of Land Granting and Compensation. This means that it remains to be seen whether the Government in conducting land redistribution is in accordance with Government Regulation Number 224 year 1961 for the Implementation of Land Granting and Compensation or not. If the Government in carrying out the redistribution of land is in accordance with Government Regulation Number 224 year 1961 Implementation of the Land Granting and Compensation, the government can be said to have done land redistribution. Whereas if the Government in conducting land redistribution is not in accordance with Government Regulation Number 224 year 1961, the Implementation of Land Granting and Compensation, the Government in carrying out the redistribution of land has not been correct.
MANAGEMENT OF POLITICAL PARTIES FOR PREVENTION OF CORRUPTION
Every political party must have a problem that must be faced. Political parties are also actually required to solve these problems. The problems faced by political parties must vary depending on the conditions and circumstances of political parties. The problems that exist in political parties are financial problems, recruitment problems, and nomination problems. Political party financial is fundamental problem for political parties. Finance is a problem that is almost faced by political parties. Limited political party finances make political parties have to work extra hard to find more finance in order to be able to fulfill the needs of political parties. It is not surprising that political parties seek finance from easily available sources. One of the ways political parties can find finance quickly is by nominating people who have a lot of finance. This means that issues related to finance and problems related to nomination are interrelated.
STRENGTHENING THE CORRUPTION ERADICATION COMMISSION TO ILIMINATE CORRUPTION CRIMINAL ACTION
The Corruption Eradication Commission has been completely regulated through Law Number 30 year 2002 concerning the Corruption Eradication Commission. Strengthening the Corruption Eradication Commission needs to be done. This is in order to further maximize the performance of the Corruption Eradication Commission in eradicating corruption. Strengthening that needs to be done by the Corruption Eradication Commission is on the prevention aspect. So far, corruption still remains and still grows. This can be seen from the many actions against corruption committed by the Corruption Eradication Commission. The many actions taken by the Corruption Eradication Commission shows not optimal on preventing corruption. If prevention efforts are carried out maximally, there will be no corruption. If there is no criminal act of corruption, there will be no prosecution of criminal acts of corruption. Therefore the Corruption Eradication Commission needs to be strengthened in the form of strong authority to prevent corruption. At present there is a rule about the Corruption Eradication Commission to take precautions. But the rules have not been specific and concrete.
LEGAL CODIFICATION RELEVANCE WITH THE NATIONAL LEGAL SYSTEM
Problems related to the validation of law or legislation are actually not based on the sub-substance of content material contained in codified laws or regulations. The problem with the actual legal codification lies in the codification procedure which is still a debate. The legal or legal codification is indeed not in conflict with Pancasila as the source of all legal sources. Code of law or legislation also does not conflict with the conditions of the community. Likewise the 1945 Constitution of the Republic of Indonesia is as the highest constitution or law. So the legal validation is constitutional. In addition, legal or statutory codification also does not conflict with other laws and regulations.
DRAFT LAW ON CRIMINAL CODE AND LEGAL DEVELOPMENT IN INDONESIA
The fact that the Criminal Code Bill has not yet been ratified is because there are obstacles in the discussion of the Criminal Code Bill. Besides that, the Criminal Code Bill also has a polemic in the community. The community has not all agreed to be related to the Criminal Code Bill. Therefore, until now the Criminal Code Draft cannot yet be ratified. The Criminal Code Bill actually has to replace the Criminal Code now. This is because the Criminal Code is now not in accordance with the conditions of the people and the state of Indonesia. Ratification of the Criminal Code Draft is the best way for criminal law to be applied in Indonesia in accordance with the conditions of the people and the state of Indonesia. In addition, the Criminal Code Bill is also a criminal law made by the Indonesian people themselves. Moreover, the Criminal Code Draft can be said to be following the development because it is developed in a way that is developed even now there is still discussion.
DYNASTIC POLITICAL TRADITION IN CONSTITUTION
The politics of the dynasty actually experienced ups and downs in the pros and cons in society. Previously there were no rules governing dynastic politics. The birth of Law Number 8 year 2015 concerning the Election of Regional Heads was made as a law governing the dynastic ban. But the prohibition related to dynastic politics was later canceled by the Constitutional Court. The decision of the Constitutional Court is considered as part of the omission of dynastic politics. After the decision of the Constitutional Court overturned Article 7 letter (r) of Law Number 8 year 2015 concerning Election of the Regional Head, it has consequences. The consequence meant is dynastic politics which is constitutional and this cannot be denied. This means that the existence of political dynasties is not prohibited by legislation. Besides, dynastic politics also do not conflict with Human Rights.
RULES FOR ERADICATION OF TERRORISM AND STATE SECURITY
Terrorism is a crime that threatens state security. Therefore eradication of terrorism must be done. Legal arrangements regarding eradication of terrorism have been made and must be carried out maximally. If eradication of terrorism is in accordance with established rules and with maximum results, state security will be maintained. This means that eradication of terrorism is very important in order to maintain state security.
REFORM OF THE IMPLEMENTATION OF PROTECTION AND RECOVERY RAPE VICTIM'S CHILD RIGHTS
Children are the next generation of the nation who have an important position in this country. Therefore, a state guarantee to protect children from all kinds of criminal acts is absolutely necessary. However, with the intrusion of foreign globalization which has caused disruption to the life value of this nation has resulted in children always being victims of sexual violence, including rape. This situation is increasingly dilemmatic given the legal politics of child protection as a rape victim has not been based on the recovery and protection of the conditions and rights of child victims of rape. That is why this article as an empirical juridical research approach will further discuss the reform of the implementation of protection for child victims of rape in Indonesia, and then try to provide initial input to realize the protection and recovery of child victims of justice in the country. Keywords: Reform, Child Protection, Rape, Justice
JUSTICE REPOSITIONING IN THE LEGAL POLITICS OF HEALTH INSURANCE
In its development the Law Number 40 of 2004 was the realization of the constitutional mandate to realize justice in the field of health insurance in this country. However, the implementation of Law Number 40 of 2004 has many problems, one of which is the existence of BPJS's debt to hospitals which has an impact on the constipation of justice in medical care for the poor in Indonesia. This article which uses a sociological juridical approach will further discuss the implementation of the politics of health insurance law that has not yet brought justice to Indonesian society today. So as to be able to briefly provide input related to the implementation of equitable health insurance law politics. Â Keywords: Repositioning, Justice Value, Legal Politics, Health Insurance
RECONSTRUCTION OF EFFECTIVE YEAR AUTOMATIC VEHICLE TAX PAYMENT TERMS
Motor vehicle tax is one type of regional tax that is very potential in increasing regional income for Central Java Province as a province which is one of the trade routes, where transportation is the main capital in transportation for all economic activities. the purpose of this study was to determine the Reconstruction and effectiveness of motor vehicle tax on Regional Original Revenue (PAD) of Central Java Province. The data that has been processed are then analyzed using qualitative descriptive analysis. the results of the study showed that the Reconstruction of motor vehicle tax payment requirements in Central Java Province can be achieved optimally. While the effectiveness of motor vehicle tax can increase regional income. On the other hand, motor vehicle tax on PAD tends to decrease. this by reconstructing the tax payment requirements for motorized vehicles can show increased tax revenue. However, it is better to increase and optimize tax revenue potential. Â Keywords: Reconstruction Requirements, motor vehicle tax, Effective .
MORALITY AS A BASE IN POLITICS AND LEGAL ENFORCEMENT COMES FROM THE VALUES THAT LIVING IN THE SOCIETY (Reconstruction in Thinking and Behavior)
In carrying out the mandate and will of the people which takes place in a constitutional manner, the law must be in line with the conditions of society. The development of the community, including indigenous and global communities in politics and law enforcement, is not comparable to the decline in moral gradations that occur in the community. Decreasing moral gradations can lead to a variety of patterns of behavior that are without control, seem anarchic and harm others that affect the occurrence of legal violations or legal irregularities. Here, the need for awareness raising is to return to moral values as a religious and civilized nation to commit to making morality a cornerstone in politics and upholding laws that are derived from values that live in society. Keywords: morality, politics, law enforcement, values that live in society.
LEGAL PROTECTION OF INDUSTRIAL DESIGNS BASED ON LAW NUMBER 31 OF 2000 CONCERNING INDUSTRIAL DESIGN
The regulation of industrial designs within the framework of Intellectual Property Rights Law is inseparable from Indonesia's participation in international agreements in the trade sector. By participating in the WTO agreement, Indonesia has ratified the WTO with Law Number 7 of 1994.Thus Indonesia must apply TRIPs as a provision that regulates Intellectual Property Rights, where in the TRIPs law there are 7 (seven) fields of IPR, one of which is Industrial Design. or Industrial Design. In Indonesia, industrial designs are regulated in Law Number 31 of 2000 concerning Industrial Designs. Industrial design legal protection is based on Law Number 31 of 2000, based on the concept of a rule of law. The rule of law regulates that all aspects of social life, state and government must be based on law. One of the elements of the rule of law is the protection of human rights as the basis for protecting the law on industrial design rights. Legal protection includes preventive protection and repressive protection. With the existence of the industrial design law, it provides protection to designers to prevent and resolve disputes in the field of Industrial Design. The protection of industrial design rights enforcers makes designers more creative and productive in creating and producing industrial design works. With the existence of the industrial design law, it provides protection to designers to prevent and resolve disputes in the field of Industrial Design. The protection of industrial design rights enforcers makes designers more creative and productive in creating and producing industrial design works. With the existence of the industrial design law, it provides protection to designers to prevent and resolve disputes in the field of Industrial Design. The protection of industrial design rights enforcers makes designers more creative and productive in creating and producing industrial design works. Keywords: Legal Protection, Industrial Design, Industrial Design Law.
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STUDY ON THE LEGAL PHILOSOPHY OF MARRIAGE LAW NUMBER 1 OF 1974
The enactment of the Marriage Law Number 1 of 1974 cannot be separated from the theological aspects of its formation. So it is not surprising that many of these positive laws conform to the provisions of the Scriptures. The aspects stipulated in the Act are ontological, espistemological and axiological aspects. With an understanding of these three aspects, it is hoped that peace and justice can be created. The provisions in this law are a means of regulating order in the lives of citizens. This article attempts to examine the Marriage Law Number 1 of 1974 in terms of legal philosophy Key words: legal philosophy, marriage, positive law
THE GOVERNOR GENERAL OF THE NETHERLANDS 'POLITICS OF LAW TO APPLY EUROPEAN LAWS TO PRIVATE PEOPLE (TOEPASSELIJK VERKLARING)
The Dutch East Indies government based on Article 5 AB divides into two groups, this article states that the inhabitants of the Netherlands Indies are differentiated into European Groups (along with those who are equated) and Indigenous Groups (along with those who are equated with them). The legal politics of the colonial government which regulated the implementation of the government legal system in the Dutch East Indies were included in Article 75 RR, which in principle was as stated in Article 11 AB. The entry into force of IS by itself has eliminated the entry into force of the RR. The Law Politics of the Dutch Indies Government at the time of the implementation of IS can be seen in Articles 163 IS and 131 IS. Article 163 IS regulates the division of groups, which in essence all of its contents are quoted from Article 109 RR (new). Toepasselijk verklaring is the authority of the Governor-General to apply certain European legislation (if deemed necessary) to indigenous groups. So, with the issuance of these two policies, the original law of the indigenous people will only be used by judges as long as the law does not conflict with existing regulations. This is a form of compromise in carrying out unification on the one hand and maintaining legal dualism on the other. But in the end these two policies were the embryo for implementing legal unification for certain laws such as the labor and land sector. For liberal politicians, progress in statutory regulations is good news because the realization of the ideals of legal unification is in sight. However, Keywords: European Law, Indigenous People, Toepasselijk Verklaring
THE LEGAL POLITICS OF THE RELIGIOUS JURISDICTION IN INDONESIA
Judicial institution has the meaning of a place where someone can apply for an attempt to seek justice or resolve legal disputes according to applicable regulations. One of the judicial institutions in Indonesia is the Religious Court.Juridically, the reason why the Religious Courts are included in the judiciary environment in Indonesia is that the Republic of Indonesia, as a constitutional state based on Pancasila and the 1945 Constitution, aims to create a prosperous, safe, serene and orderly national life order. Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia states: All citizens shall have the same position in law and Government and are obliged to uphold the Law and Government without exception. Meanwhile, Article 29 paragraph (1) and (3) of the 1945 Constitution of the Republic of Indonesia also states (1) the State is based on the One Godhead, (2) The State guarantees the independence of each resident to embrace their respective religions and to worship according to his religion and belief. Especially for the Religious Courts, the implementation of transfer to the Religious Courts to the Supreme Court is carried out based on Presidential Decree No. 21 of 2004 dated 23 March 2004. In paragraph (2) this Presidential Decree stipulates that the organization, administration and finance of the Directorate of Religious Courts Development of the Ministry of Religion, High Religious Courts / Provincial Syari'ah Courts and Religious Courts are under the Supreme Court. Keywords: Political Law, Role, Religious Court.
ANALYSIS OF NOTARY OBLIGATIONS IN REPORTING TAX PAYMENTS AS TAXABLE ENTREPRENEURS
National Development is an ongoing activity that aims to improve the welfare of the people, one of the sources of state revenue is taxes. It is undeniable that the 70% contributor and one of the pillars of national income comes from tax revenue from. Taxes have a very vital role in a country, without taxing state life will not work well. Infrastructure development, education costs, medical expenses, subsidized fuel oil (BBM), payments for state employees and construction of public facilities are all financed from taxes. The more taxes collected, the more facilities and infrastructure that will be built. Therefore, taxes are the spearhead of a country's development. Payment of taxes is a manifestation of state obligations and the participation of taxpayers to directly and jointly carry out tax obligations for state financing and national development. As a person who plays a role as a tax contributor, namely as a Taxable Entrepreneur, a Notary is considered to often accept clients who come to get legalization from deeds and documentation that are valid before the law. Besides being demanded to be able to explain the legal consequences of his services, notaries also need to convey that what is done because of the notary's services there will be aspects of taxes that will arise, among others, are taxes. Keywords: Tax, Notary, Notary as a Taxable Entrepreneur
THE ROLE OF THE CODE OF CONDUCT TO IMPROVE THE PROFESSIONALITY OF THE NOTARY
Notary is a public official who has the authority to make authentic deeds. As an official who is appointed by the government, a notary has a duty to provide good service to the community. In their duties and powers, a Notary is regulated by several laws and regulations, especially the Law on the Position of Notary Public and the Notary Code of Ethics. The Notary Code of Ethics is all moral principles determined by the Indonesian Notary Association, hereinafter referred to as the "Association" based on the decision of the Association Congress which is determined and regulated in the laws and regulations concerning this matter and which apply to and must be obeyed by each and all members. Associations and all people who carry out their duties as a Notary. Notaries in their duties must always obey the Notary Code of Ethics, because Notaries must maintain the dignity and dignity of the Association. Until now, the implementation of the Notary Code of Ethics in Indonesia is still not optimal. We still often hear about violations of the Notary Code of Ethics committed by Notaries. Imposing sanctions that are deemed less firm cannot provide a deterrent effect for Notaries who commit violations. So that the application of the Notary Code of Ethics must be improved, so that the Notary can carry out his / her job duties properly. Keywords: Notary Code of Ethics, Implementation of Notary Code of Ethics
THE LEGALITY OF MAKING NOTARY ACTIONS USING ELECTRONIC MEDIA
As an effort to provide legal certainty and protection guarantees for parties conducting electronic transactions, Law Number 2 of 2014 concerning the Position of Notary Public (UUJN) in the elucidation of article 15 paragraph (3) has appointed a notary as an official authorized to certify electronic transactions. , coupled with the issuance of provisions contained in Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law), it is increasingly proving the seriousness of the government in paying attention to the importance of realizing legal certainty and protection for the perpetrators of electronic transactions and their relation to the consequences. law resulting from legal acts committed with the electronic media. Whereas however the existing legal rules are not made comprehensively so that they still cause bias in the application of the law, because there is a conflict of norms between the provisions of the explanation of article 15 paragraph (3) UUJN which regulates the authority of notaries to certify electronic transactions with the provisions of article 6 paragraph (1 ) UUJN which regulates the validity requirements of authentic deeds and the provisions of Article 5 of the ITE Law. The bias in applying the law is specifically related to the application of law to the validity of authentic deeds made using electronic media or authentic deeds made using evidence of electronic transaction certification. Keywords: Authentic Deed, Electronic Transactions, Electronic Media
EXISTENCE OF NOTARY DECTS RELATED TO THE PROCEDURE OF PAILIT PROPERTY RESERVATION
In the making of the Deed by a Notary, there are several things that can cause the cancellation of the Notary Deed in relation to the existence of Actio Pauliana in bankruptcy, namely the notary deed can be canceled, null and void or has the power of proof under hand, if the Notary deed was made 1 year before the statement. bankruptcy. Notary accountability for the cancellation of the authenticity, the Notary must be responsible for all impacts that occur, in the form of: Administrative responsibility if the Notary commits a violation of the obligations and prohibitions for the Notary in carrying out his position, Liability according to Civil law in accordance with Article 1365 of the Civil Code. As well as Liability according to criminal law if the Notary in making the Deed has deliberately falsified the authentic deed or falsified the untrue information in the authentic deed he made. Keywords: Notary Deed, Bankruptcy Order, Actio Pauliana.
THE ROLE OF PPAT IN PARTNERSHIP RULING OFFICERS OF HERITAGE LAND (PUTUSAN PA Sbr NO: 2594 / Pdt.G / 2015)
This paper aims to find out the role of PPAT in making the Deed of Sharing of Joint Rights after the issuance of the decision, so that if anything related to inheritance disputes should not be resolved directly through the court mechanism, the heirs should first come to the PPAT office for consultation, so that the settlement mechanism is explained and a deed is made related to the distribution of inheritance according to the legal event. This research uses an empirical juridical approach. Based on this method, the research resulted in basically (1) the mechanism for the distribution of inheritance according to the Decision of the Religious Court Sbr No.2594 / Pdt.G.2015 which contained the contents of returning and distributing the inheritance to each of the heirs, which subsequently occurred between the heirs to selling part of the inheritance to one of the heirs, then there is a need for legal action so that the heirs who get their rights can get legal certainty. Article 111 PMA number 3 of 1997, KHI articles 171-176, (2) The process of making APHB after the issuance of the P decision. ASbr No.2594 / Pdt.G.2015,Generally the same as the juridical reasons for making APHB which state that land which is an inheritance has not been registered must be attached with documents relating to inheritance in the registration process of its rights as referred to in Article 42 paragraph 2 PP.24 / 1997, Article 37 paragraph ( 1) PP 24/97, Article 136 PMA, (3) Constraints and solutions in making the Joint Rights Sharing Deed (APHB) there is still reluctance from the community to make an authentic deed of the Deed of Sharing Mutual Rights before PPAT Because the process of making it requires a long, complicated process and expensive, PPAT can provide legal counseling regarding the duties and roles of PPAT, land registration and the importance of the community to have land certificates so that the community can obtain legal protection and legal certainty over the land they own. Keywords: Decision, PPAT, APHB
COMPARISON STUDY OF THE ROLE OF NOTARY IN THE PERSPECTIVE OF ISLAMIC LAW AND POSITIVE LAW IN RELATIONSHIP WITH SERVICE TO THE COMMUNITY
This Research aims to identify and explain the role of the notary in the perspective of Islamic law and positive law and at the same time analyze the comparison of the two perspectives in relation to service to the community. This study uses a normative juridical approach. In carrying out his role in society, a Notary Public must act professionally based on a noble personality by always implementing the law while upholding the Code of Ethics for his profession. A notary is expected to be able to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions. In addition, Notaries as public officials must be able to follow legal developments so that in providing their services to the community, in helping to overcome and meet the growing legal needs, they can provide solutions justified by law. (3) Comparison of the role of the notary in the perspective of Islamic law with positive law in relation to service to the community, Keywords: Role, Notary, Service to Society
ROYA MECHANISM OF LAND RIGHTS AS COLLATERAL FOR BANKING BANKS BANNED BY AUCTION OFFICERS BECAUSE THEIR CREDITS ARE PROBLEMS
This study aims (1) to determine the auction mechanism in which the debtor is in default and then the guarantee is auctioned off. (2) to find out the mechanism of the mortgage roya whose debtor is in default (3) to find out whether there are obstacles in the implementation of roya and what are the steps taken by the Batang Regency Land Office to overcome the obstacles that occur in the implementation of the roya rights to the land. . This study uses an empirical juridical approach. Based on the research, it can be concluded that in essence (1) the auction mechanism and roya occur if the debtor cannot pay off his debt, the collateral that becomes the debtor's debt, namely SHM 240 Pasusukan will be auctioned, then the auction winner will be found from the auction results. And the Auction Winner will perform Roya. Roya Land rights that are the object of auction are requested to the Land Office (2) Obstacles in implementing mortgage rights at the Land Office consist of: a. The duration of the roya exceeds 5 (five) days from the date the application is received completely. B. There are obstacles in roya which does not consist of several land rights c. Roya's incomplete file requirements resulted in Roya not being done. (3) Steps that can be taken by the Land Office in overcoming obstacles in the implementation of Mortgage Rights are as follows: a. There must be a sanction if the time period exceeds the provisions. B ... Incomplete ROya files can be overcome with various solutions, including legalization of introduction to Roya by a notary or camat Keywords: Mechanism, Auction, Roya, Mortgag
THE ROLE OF LAND ASSET OFFICERS ON THE INSTALLATION OF LIABILITY RIGHTS WITH THE NAME OF THE DEAD OF THE WORLD OF DECLARATION OF DECLARATION OF DECLARATION PROCEDURES TO THE HERITAGE EXPERT
The purpose of this research is to find out the role of land deed-making officials in the installation of mortgage rights with the name of a certificate of ownership that has passed away, which is carried out by the process of inheriting inheritance to the Inheritance based on justice, the problem of the role of land deed maker officials in the installation of mortgage rights under the title title certificate. Property that has passed away, which is carried out by a process of inheriting inheritance to an inheritance based on justice, and how to overcome the problem of the role of land deed-making officials in the installation of mortgage rights under the name of a certificate of ownership that has passed away, which is carried out by a process of inheriting inheritance to a justice-based heir. This study uses a normative juridical approach, Based on the results of the research conducted by the author, the following results are obtained: The Role of Land Deed Maker Officials in the Installation of Mortgage Rights with the Name of Ownership Certificates that have Died, which is carried out by the Inheritance process to Inheritance Based on Justice, Problems and How to Overcome Problems with the Role of the Making Officials Land Deed for the Installation of Mortgage Rights with the Name of Ownership Certificate that has passed away, which is carried out by the Inheritance process to an Inheritance-based. Key words: Land Deed Maker Official, Mortgage, Ownership Certificate, Inheritance
ROLE OF NOTARY IN PROVIDING LEGAL PROTECTION AGAINST HOME OWNERSHIP CREDIT CONSUMERS THROUGH STANDARD AGREEMENTS
The research objectives are to find out and explain the role of a notary in providing legal protection for housing loan consumers based on Law Number 8 of 1999 concerning Consumer Protection, to find out and explain the obstacles and solutions to the standard housing loan agreement with the exonation clause not being fulfilled by consumers. This research is a qualitative research with a normative juridical approach. Based on the results of research and discussion it can be seen that the role of the notary in providing legal protection for housing loan consumers based on Law Number 8 of 1999 concerning Consumer Protection, before the KPR agreement deed is read and explains what is meant in the articles of the KPR agreement, the notary examines the contents of the agreement, whether there are clauses which may be unbalanced, harm consumers and can be categorized as violating the UUPK. If the notary finds such a thing, the notary must provide input to the bank, that it violates the UUPK. Constraints and solutions for the standard housing loan agreement with the exonation clause were not fulfilled by consumers.The Housing Loan Agreement of Perumnas Teluk is one-sided or unbalanced which often benefits the seller and disadvantages the prospective buyer, there is no opportunity for prospective buyers to bargain, so that prospective buyers do not have much opportunity and time to find out the contents of the Ownership Credit Agreement The house of the Perumnas Teluk. It is impossible for a party with a weak economic position to bargain to make a standard agreement or document so that for him there are only 2 choices, namely to accept or reject. The solution that can be done according to Article 1267 of the Civil Code is first to force the fulfillment of the agreement and second to cancel the agreement along with compensation. Therefore, in order to fulfill the conditions for cancellation, there must be: (1) a reciprocal agreement; (2) one of the parties has been proven to have defaulted; and (3) must be mediated by a judge. Keywords : Â Â Â the role of a notary, providing legal protection for consumers
IMPLEMENTATION OF PROPORTIONALITY PRINCIPLES IN MAKING NOTARY OF COLLABORATION AGREEMENT BY NOTARY
The problems formulated in this research are 1. How is the application of the principle of proportionality in the notary's deed of cooperation agreement, 2. What are the constraints and solutions in applying the principle of proportionality in the notary's deed of cooperation agreement, and 3. What are the consequences? law of application of the principle of proportionality in the deed of a cooperation agreement made by a notary. The approach used is the normative juridical approach. The results of this study are that the role of the notary to implement the principle of proportionality in the agreement of the cooperation deed between the pharmacist managing the pharmacy and the owner of the pharmacy facilities as outlined in this deed will encounter obstacles from both the pharmacist, the pharmacy manager and the owner of the pharmacy facility itself, that this proportionality principle cannot be realized and interpreted numerically and mathematically so that it is an obstacle for the Notary Public to be able to balance the rights compared with the obligations of the parties or balance the rights on the one hand while on the other hand is an obligation. Implementation of the principle of proportionality in the Deed of Cooperation between the Pharmacist Managing the Pharmacy and the Pharmacy Facility Owner will have good legal consequences for both parties. Keywords: Proportionality Principle, Notary, deed of Cooperation Agreement
LEGAL ASPECTS OF AUCTION CONCERNS AS ASSETS AUTHENTIC IN THE EXECUTION AUCTION OF LIABILITY RIGHTS
This study aims to analyze the extent to which the power of the auction minutes as the authentic deed in the auction of mortgage rights execution can be used to fulfill the creditors 'rights to pay off creditors' receivables when the debtor defaults, the minutes of auction already have executorial power and to know and analyze the obstacles and solutions for implementing the treatise. auction as an authentic deed in the auction for execution of mortgage rights. This research uses a normative juridical approach, which is an approach from the point of view of secondary data sources, in this case the laws and regulations and legal theories. The specification of this research is descriptive analytical because this research is intended to provide a clear, detailed, systematic and comprehensive description of the whole process. Based on the research, it was found that minutes of auction constitute an authentic deed which can be proven legally enforceable and therefore should not be contested.Evidence of the auction minutes as authentic deeds is evidenced by article 165 HIR and article 285 of the RBG which states that the autenti deed was made by or in front of a powerful public official. This is also strengthened by article 1868 of the Civil Code which states that an authentic deed is a deed made in the form determined by law by or before a public official in power so thatThe Minutes of Auction Deed have executorial power as the basis for the execution of the auction decision. Obstacles in implementing the minutes of auction are divided into juridical obstacles based on Article 20 paragraph 1 of Law No. 4/1996 and non-juridical obstacles from the attitude of the debtor who does not comply with the auction decision. Keywords: Auction, Mortgage, Minutes of Auction
GOVERNMENT REGULATION IMPLICATIONS CONCERNING PPAT OFFICES TOWARD PPAT AREAS / WORKING AREAS
The problems in this research can be formulated as follows: 1) What are the factors causing the change in the PPAT work area / area in Government Regulation No. 24 of 2016 from regencies / municipalities to provinces? 2) What is the opinion of PPAT on changes to PPAT working areas / areas? 3) What are the implications of Government Regulation no. 24 of 2016 amendments from government regulation no. 37 of 1998 concerning the Position of PPAT against the Work Areas / Areas of PPAT? The legal approach method used in this research is empirical legal research. The type of research used in this research is explanatory research.PeThis research is classified as normative and empirical research, so the data required is secondary data and primary data. In the implementation of data collection, it is used by means of library research and field studies, then analyzed with the theory of certainty and the theory of benefit. The results showed that 1) Factors Causing Changes in the PPAT Work Area / Area in Government Regulation No. 24 of 2016 from Regency / City to Province. Changes in the work area of the PPAT, among others, have an impact on: For PPATs, this change in the area / working area makes them free to move and must make changes. The judiciary establishes communication more comprehensively with the BPN regional office and the Regency / City BPN office, and the PPAT, especially regarding land disputes that are ongoing in the judiciary, whether they are assigned branches or not, so that disputes do not become more complicated.Implications of Government Regulation No. 24 of 2016 Amendment From Government Regulation No. 37 of 1998 concerning the Position of PPAT in the working area of the PPAT. Suggestions: 1)To PPAT, it is recommended that in carrying out its authority in the work area in accordance with the applicable government regulations, with the change in this region / working area, it is hoped that PPAT can work more professionally. 2) To the government, changes to the Region / Work Area will have an impact on PPAT performance, so that it is hoped that the government will further tighten the PPAT authority in their respective work areas. Keywords: Implication, Government Regulation, Position of PPAT
NORMATIVE STUDY OF DISTRIBUTION LAND STATUS FOR BUSINESS RIGHTS
This study aims to examine and analyze normatively the authority and mechanisms of abandoned land, the utilization of abandoned land, and the roles and responsibilities of notaries / land deed-making officials and government agencies in controlling and exploiting abandoned land and the company licensing process. This research was conducted with a normative juridical approach, in collecting data from primary materials, laws and regulations, examining legal principles and theories of legal science as well as interviews with parties related to this research problem. The research concludes in essence: (1). Regulations on Abandoned Land Control are in Government Regulation (PP) Number 11 of 2010 concerning Control and Utilization of Abandoned Land which is followed up by Regulation of the Head of the National Land Agency Number 4 of 2010 concerning Methods of Control of Abandoned Land. Abandoned Land is land that has been granted rights by the state in the form of Property Rights, Business Use Rights, Building Use Rights, Use Rights, and Management Rights, or land tenure rights that are not cultivated, not used, or not utilized in accordance with its condition or nature and the purpose of granting rights or the basis of control. (2). Neglected land control is the process of restructuring abandoned land so that it can be used optimally for the benefit of the community and the state. The control of abandoned land is carried out by the stages of an inventory of land rights or the basis of control over land that is indicated as neglected, identification and examination of indicated abandoned land, warning to rights holders, determination of abandoned land and an inventory of lands with indications of neglect. (3). The responsibility of the Government, in this case the Regional Office of the National Land Agency, the Land Office, the Regional Government and the related institutions that are members of the Committee C, must be responsible and serve in accordance with Government Regulation No. 11 of 2010 and Regulation of the Head of the National Land Agency of the Republic of Indonesia No. 4/2010 in order to control abandoned land, then notary / PPAT plays a role in company licensing, company establishment, GMS, amendments to AD / ART, and transfer of land rights requested by the company. Keywords: Normative Studies, Abandoned Land Control, Business Use Rights, Sambas Regency.