LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA)

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.

IMPLEMENTATION OF PRECAUTIONARY PRINCIPLE IN COAL MINING LICENSES IN CENTRAL BENGKULU REGENCY OF BENGKULU PROVINCE

Coal mining license is a juridical instrument for businessmen to carry out coal mining activities. Coal mining license is also a preventive instrument to prevent coal mining activities from causing environmental damage and pollution. In the process of issuing and implementing coal mining licenses according to Law Number 32 of 2009 concerning Environmental Protection and Management, one must consider the precautionary principle, which is implemented by integrating environmental considerations, in making coal mining licenses decisions. However, coal mining activities carried out by 9 coal mining companies in the Watershed of Air Bengkulu, showed that there was environmental destruction and pollution seen along the Watershed of Air Bengkulu. This study aimed to determine the application of the precautionary principle to coal mining licenses and the legal consequences of coal mining license decisions that did not apply the precautionary principle. This research was conducted using juridical empirical/socio-legal research, and data analysis was carried out using a qualitative juridical approach. The results of this research showed that the government of Bengkulu Province has not applied the precautionary principle in the process and implementation of coal mining license in the Watershed of Air Bengkulu of Central Bengkulu Regency. The legal consequence of not applying the precautionary principle in the decision to issue 9 (nine) coal mining licenses which was an essential and material requirement in a decision to issue a permit was null and void (nietig van rechtwege) and could be canceled (vernietig baar), the government of Bengkulu Province has the authority to cancel the licenses decision because it is a State Administration official.

Juridicial Analysis on The Implementation of Fiduciary Collateral Execution in The Post-The Constituonal Court’s Ruling No. 18/PUU-XVII/2019

Fiduciary collateral as a type of collateral gives the rights of executorial to creditors to do parate execution on the object of fiduciary collateral when a debtor defaults. In practice, however, collateral misuses this right by seizing the collateral coercively and illegally. This becomes the basics for Judicial Review agains Article 15, paraghraphs 2 and 3 of Law No. 42/1999 on Fiduciary Collateral on January 6, 2020, and the Constitutional Court issued the Ruling No. 18/PUU-XVII/2019 which causes dispute in people. The research problems are whether the Constitutional Court’s Ruling is contrary to the collateral which gives easianess for the execution, how about the implementation of parate execution in the post – the Constituonal Court’s Ruling, and how about the legal consequence of debtor and creditor.The research use descriptive juridicial normative method. The data were gathered by conducting library research. The gathered data were analyzed qualitatively. The result of the analysis shows that Ruling does not impede the right of executing by creditors so that it is in accordance with the executorial right in fiduciary collateral, and creditors can still play their role in doing parate execution hen debitors default, on condition that debtors voluntarily hand in the fiduciary collateral. It may be difficult to do this in the foreclosure sale; therefore, it has to be certain in writing the clauses in the fiduciary contract. In this case, a Notary is required to add a clause about default in the contract and should refer to the Constituonal Court’s Ruling No. 18/PUU-XVII/2019 as the legal ground in writing fiduciary collateral contract.

ANALISIS SOSIO YURIDIS KEKERASAN TERHADAP ANAK DI KOTA MAKASSAR

Kekerasan pada anak dilaporkan terjadi hampir di seluruh dunia dengan prevalens yang cenderung meningkat dari tahun ke tahun. Indonesia berada pada kondisi gawat darurat anak disebabkan kasus kekerasan terhadap anak-anak Indonesia meningkat dengan sangat tajam. Jumlah kekerasan pada anak di Kota Makassar cukup tinggi pada tahun 2017 hingga pada tahun 2020.Penelitian ini bertujuan untuk menganalisis kekerasan pada anak di Kota Makassar ditinjau dari sosio yuridis. Penelitian dilakukan pada bulan Nopember tahun 2020 hingga bulan Januari tahun 2021. Pengumpulan data dilakukan melalui wawancara dan dokumentasi dengan pengambilan sampel secara purposive. Jenis data yang digunakan yaitu data primer dan data sekunder. Sumber data penelitian yaitu dari literature dan data lapangan. Teknik pengambilan data yaitu dengan wawancara dan studi dokumentasi. Analisis data yang digunakan yaitu secara normative. Hasil penelitian menunjukkan bahwa penangangan terhadap anak korban kekerasan di Kota Makassar melibatkan beberapa insitusi yang terkait yaitu P2TP2A (Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak), Dinas Sosial, Dinas Kesehatan, Dinas Pendidikan, Kepolisian, Pengadilan. Akibat hukum terhadap kekerasan anak di Kota Makassar yaitu penanganan secara langsung oleh P2TP2A yaitu dengan cara pembinaan di rumah aman sehingga kegiatan preventif lebih diutamakan. Faktor-faktor yang menyebabkan kekerasan pada anak yaitu factor keluarga, faktor lingkungan dan factor anak itu sendiri.. Violence in children is reported in almost all over the world with a prevalence that tends to increase from year to year. Indonesia is in a state of emergency for children because cases of violence against Indonesian children have increased very sharply. The number of violence against children in Makassar City is quite high from 2017 to 2020. This study aimed to analyze violence against children in Makassar City in terms of socio-juridical terms. The research was conducted in November 2020 to January 2021. The data was collected through interviews and documentation with purposive sampling. The types of data used were primary data and secondary data. Sources of research data were literature and field data. The data collection techniques were interview and documentation study. The data analysis used was normative. The data analysis used was normative. The results showed that the handling of child victims of violence in Makassar City involved several related institutions, namely P2TP2A (Integrated Service Center for the Empowerment of Women and Children), Social Service, Health Service, Education Service, Police, Court. The legal consequence of child abuse in Makassar City is direct handling by P2TP2A, namely by means of guidance at a safe home so that preventive activities are prioritized. Factors that cause violence in children, namely family factors, environmental factors and factors of the child himself

Tinjauan Hukum Ekonomi Syar’ah: Take Over Pembiayaan Mikro Bank Syari’ah

Although Indonesia is still facing formidable challenges due to the Covid-19 pandemic, the distribution of financing in the MSME sector and the micro segment continues to increase. "This shows that BSI continues to support the growth of MSMEs in the midst of the pandemic storm. Until June 2021, MSME financing at BSI was recorded at 36.82 trillion rupiah. Therefore, the authors are interested in conducting research with the title "Review of Islamic Economic Law Take Over Sharia Bank Microfinance". The purpose of this study is to analyze the TO process of microfinance in Islamic banks and its legal review. The research method used is descriptive analytical while the approach uses empirical juridical and data collection by literature study, interviews and observations. The results of the study stated the views of several scholars and sharia economists regarding the Qardh wal Murabahah contract used as a permissible contract, but in practice it must be subject to strict supervision. The Micro Financing Take Over process is guided by the DSN-MUI Fatwa Number: 31/DSN-MUI/VI/2002 concerning Debt Transfer (Alternative 1) and has become a positive law through Bank Indonesia Regulations (PBI). The legal consequence of this Qardh wal Murabahah contract is that the right of the first customer as a guarantee right holder is legally transferred to the new customer as stated in the Mortgage Certificate (SHT) and Fiduciary Guarantee Certificate.

Interpretation of The Phrase “Coercion” in The Compilation of Islamic Law as Reasons for Cancellation of Marriage

Marriage is a common thing in society with ubudiyyah elements in it. However, legal issues often accompany the sanctity of the marriage bond itself, such as the cancellation of a marriage due to an element of coercion from a third party. Article 71 Compilation of Islamic Law (KHI) states that one of the reasons for being able to apply for a marriage cancellation is because of coercion when the marriage took place. The purpose of this study is to analyze the meaning of the phrase "coercion" as a reason for annulment of marriage and its accompanying legal implications. This type of research is classified as normative-empirical legal research using a statutory approach and a conceptual approach plus a sociological approach as a tool. This research refers to a variety of primary, secondary and tertiary legal materials compiled and traced through literature studies and interviews with judges of the Religious Courts. The legal materials that have been collected are then analyzed descriptively and analytically. The results showed that what is meant by coercion in marriage is a marriage that occurs not because of one's own will or feels that he is under threat. As a form of legal consequence, annulment of a marriage by force is different from divorce, where the marriage bond that occurred before the breakup of the marriage is considered never to have occurred.

Sengketa dalam Perkawinan Kedua Tanpa Izin Istri Pertama

Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.

Legal Protection for Online Transportation Service Providers in Transporting Passengers

Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.

Inkonsistensi Pengaturan Kewenangan Pembuatan Risalah Lelang oleh Notaris

Notary is a general official authorized to make authentic deed, one of which is making the deed of auction document in accordance with the Notary Position Act, but in other provisions, the Auction Regulation states that the authorized to make the deed of auction is the Auction Officer which raises the issue of who is authorized to make the deed of the auction minutes. This study aims to find out the legal consequences if the notary makes the minutes of auction document and the authority of the notary in making the deed of the auction according to Law Number 2 of 2014 concerning Amendments to the Notary Position Act. This research is a normative research, the approach used is the legislation approach and conceptual approach. Based on the results of this study that the authorized to make the auction minutes is the Auction Officer not a Notary but the Notary can make the auction minutes if the notary concurrently serves as an Auction Officer, namely as Class II Auction Officer. Notary makes the deed of auction document in his capacity as an Auction Officer not as a Notary, then the legal consequence if the Notary makes the deed of auction document is the deed is null and void, the cancellation is done through the court and if any party is harmed by the deed, the Notary can be sued for an act against the law which is a compensation claim.Keywords: Notary; Minutes of Auction; Auction Officer.Notaris adalah pejabat umum yang berwenang untuk membuat akta autentik salah satunya adalah membuat akta risalah lelang sesuai dengan Undang-Undang Jabatan Notaris, namun dalam ketentuan lain yakni Peraturan Lelang menyebutkan bahwa yang berwenang membuat akta risalah lelang adalah Pejabat Lelang sehingga menimbulkan masalah siapakah yang berwenang untuk membuat akta risalah lelang. Penelitian ini bertujuan untuk mengetahui akibat hukum apabila notaris membuat akta risalah lelang dan kewenangan notaris dalam membuat akta risalah lelang menurut Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan Undang-Undang Jabatan Notaris. Penelitian ini adalah penelitian normatif, pendekatan yang digunakan adalah pendekatan perundang-undangan dan pendekatan konseptual. Berdasarkan hasil penelitian ini bahwa yang berwenang membuat risalah lelang adalah Pejabat Lelang bukan Notaris namun Notaris dapat membuat risalah lelang apabila notaris merangkap jabatan sebagai Pejabat Lelang yakni sebagai Pejabat Lelang Kelas II. Notaris membuat akta risalah lelang dalam kapasitasnya sebagai Pejabat Lelang bukan sebagai Notaris, kemudian akibat hukum apabila Notaris membuat akta risalah lelang adalah akta tersebut batal demi hukum yang pembatalannya dilakukan memalui pengadilan dan bila ada pihak yang dirugikan atas dibuatnya akta tersebut maka Notaris dapat digugat melakukan perbuatan melawan hukum yang merupakan gugatan ganti rugi.Kata Kunci: Notaris; Risalah Lelang; Pejabat Lelang.