scholarly journals Law On Notary Engaged Omissions In Deed Minuta Storage Under Law Number 2 Year 2014 Concerning The Position Notary

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 397
Author(s):  
Iin Kamila ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Primary Data ◽  
The Law ◽  
Tertiary Study

The purpose of this study was to: 1) To know and analyze the enforcement of the negligence of the notary deed minuta storage based on Law No. 2 of 2014 on the notary office. 2) To know and analyze what are the obstacles and solutions in enforcing the law against the negligence of the notary deed minuta storage based on Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Keywords: Law Enforcement, Negligence Penyimpana, Minuta Deed

scholarly journals Analysis Of Nullification And Cancellation Of Notary Deed In The Perspective Of Act No. 2 Of 2014 On Notary

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 309
Author(s):  
Devi Nindy Lestari ◽  
Lathifah Hanim
Keyword(s):  
Data Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Strength Of Evidence ◽  
Legal Implications ◽  
The Law ◽  
Tertiary Study

The purpose of this study was to: 1) to assess and analyze the implementation of nullification and cancellation Deed in the perspective of Act No. 2 of 2014 concerning Notary, 2) to assess the implications of the law, and 3) to identify and analyze the barriers and solutions regarding nullification and cancellation of the Deed. The data used in this study are primary data, secondary data, and data that can uphold tertiary study, which was then analyzed by descriptive analytic method.Based on the results of data analysis can be concluded that: 1) notarial deed nullification and cancellation can occur for non-fulfillment of objective conditions; terpenuhiya not subjective terms of a contract, and can be canceled by the parties themselves. 2) The legal implications as a result of nullification and cancellation Deed is a notarial deed which can be canceled by the parties themselves, the notarial deed null and void, the notarial deed only has the strength of evidence deed under hand. 3) Obstacles and solutions that not all Notaries know and understand the terms of authenticity, validity and causes nullification and cancellation of a notarial deed. Notaries who do not understand the need to study the causes nullification and cancellation deed refers mainly to provisions UUJN and the Civil Code.Keywords: Deed; Nullification and Cancellation.

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals Unlicensed Mining as an Alternative Policy: Valuable Experiences in Southeast Sulawesi and East Java

2018 ◽  
Vol 68 ◽  
pp. 03016
Author(s):  
Ahmad Sudiro ◽  
Ahmad Redi ◽  
Ade Adhari ◽  
Mardiana Rachman
Keyword(s):  
Law Enforcement ◽  
Research Result ◽  
Secondary Data ◽  
Primary Data ◽  
Alternative Policy ◽  
Community Awareness ◽  
Enforcement Policy ◽  
Valid Data ◽  
The Law ◽  
The Government

Unlicensed mining has been a worldwide issue, including several regions in Indonesia, such as Southeast Sulawesi Province and East Java. The issue that will be examined in this paper is the policies to overcome the unlicensed mining in Southeast Sulawesi Province and East Java. In order to answer the issue, the type of research is socio-legal, by using the primary data in the form of interview result and secondary data in the form of documents the data were obtained from field study and study of literature. The research result shows that the effort to overcome the unlicensed mining by the Government of Southeast Sulawesi Province and East Java are different. The Government of Southeast Sulawesi Province applies the alternative policies such as the unlicensed mining control, aside from the law enforcement policy conducted by the police, prosecutor, and court. This differs from the Government of East Java which views that the law enforcement policy as the only means to overcome unlicensed mining. Unlicensed mining control conducted in Southeast Sulawesi could be an alternative policy since it delivers benefit such as the gaining of valid data of the unlicensed mining location, increasing the community awareness, as the instrument to protect the environment and so forth.

scholarly journals Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 31
Author(s):  
Marwan Jaya Putra
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Research Approach ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
The Poor ◽  
The Law

The provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law.

scholarly journals Implementation Handling of Children in Dealing With The Law in Polres Purworejo

2018 ◽  
Vol 1 (2) ◽  
pp. 577
Author(s):  
Setio Raharjo
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Primary Data ◽  
Library Research ◽  
The Face ◽  
Women And Children ◽  
The Law ◽  
Service Standards ◽  
And Training ◽  
Research Analysis

The purpose of this research is to investigate the implementation of the handling of children in conflict with the law in Polres Purworejo; 2) to know the constraints faced by police investigators in Polres Purworejo in performing their duties as investigator; and 3) to find solutions investigator in the face of constraints in the implementation of the handling of children in conflict with the law in Polres Purworejo. The method used in this research is empirical juridical approach or in other words the socio-juridical.Specifications research is descriptive. Data used in this study are primary data and secondary data. Methods of collecting data in this study using library study or library research. Analysis of the data used is qualitative data. The study states that 1) in order to organize the protection of women and children who are victims of crime and law enforcement against perpetrators, Unit Women and Children (PPA) Police have implemented procedures in accordance with the regulations stipulated in the mennangani children behadapan with the law; 2) there are two obstacles that arise in the implementation of minimum service standards in Women and Children Services Unit (PPA) Polres Purworejo, namely internal and external obstacles; 3) the efforts undertaken to overcome existing obstacles, including by conducting education and training for members of the PPA good Unit investigator, investigator helpers and staff who are in the PPA Unit to strengthen Human Resources.Keywords: Investigation; Children; Conflict with the Law.

scholarly journals TINDAKAN CONTEMPT OF COURT DALAM PROSES PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN PERBANDINGANNYA DENGAN SINGAPURA

2021 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Muhammad Ridwan Fadhly ◽  
Anita Afriana ◽  
Sherly Ayuna Putri
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Secondary Data ◽  
Primary Data ◽  
Criminal Sanctions ◽  
Scientific Papers ◽  
The Law ◽  
Resolution Processes ◽  
Research Show ◽  
Civil Dispute

Contempt of Court behavior is rife in the process of resolving court disputes in Indonesia including civil disputes. Contempt of Court actions constitute an insult to the judiciary so that it is appropriate to be sanctioned as a deterrent eff ect. This study aims to determine the actions that can be qualified as a Contempt of Court in the settlement of civil disputes, as well as understanding the law enforcement of the Contempt of Court in the practice of dispute resolution in court and its comparison with Singapore. This study uses normative juridical methods. This method is carried out by examining library materials in the form of legislation, doctrine, and other scientific papers related to the Contempt of Court and interviews with sources to obtain primary data as a secondary data extras, which is then analyzed in a qualitative juridical analysis. The results of the research show that Civil Contempt actions in the practice of civil dispute resolution processes can be interpreted as any act done intentionally not in compliance with every summons, orders, decrees, warnings, or decisions issued by the court resulting in losses to parties who litigate and undermine the authority, dignity and honor of the court. Law enforcement against the actions of Civil Contempt of Court in Indonesia is still considered less eff ective when compared to Singapore. Singapore has included its arrangements in written rules governing the qualifi cations of actions and sanctions imposed. In addition to administrative and civil sanctions, criminal sanctions also apply in order to increase the effectiveness of enforcement of the Civil Contempt of Court.

scholarly journals The Implementation of Imprisonment Sanction Followed by Rehabilitation Sanction for Narcotics Abusers (A Case Study of Verdict Number 47/Pid.Sus/2017/PN.Slk)

2019 ◽  
Vol 6 (2) ◽  
pp. 224
Author(s):  
Yessy Yulianti ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Empirical Approach ◽  
Primary Data ◽  
Criminal Sanction ◽  
Legal Certainty ◽  
Research Problems ◽  
The Law

In the present study, the research problems proposed are: 1) What is the basic consideration of the judges in imposing the criminal and rehabilitation sanction on the perpetrators of narcotics abuse? 2) How is the proof of a case whose verdict is a criminal sanction? and 3) How is the implementation of imprisonment and rehabilitation sanction verdicts? In answering the research problems, juridical empirical approach is chosen to obtain primary data directly from informants and secondary data from primary of law materials including secondary and tertiary law materials. As a result, it can be concluded that there is a chance for a judge to impose imprisonment sanction and sanction for actions in a form of rehabilitation to perpetrators of narcotics abuse, but, in fact, it is challenging because of some reasons; one of which is the existence of various perceptions of law enforcement officers on the implementation of the laws, specifically on the Law number 35 of 2009 concerning Narcotics. Moreover, there is no strict provision regulating the procedures of the implementation of the law. As a result, it encounters many challenges in its implementation for the related institution. However, it should be concerned for the regulation makers for the realization of law enforcement reflecting justice, legal certainty, and benefits in the society.           

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

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