Urgensi Pembubuhan Materai pada Salinan Akta Pejabat Pembuat Akta Tanah Sebagai Alat Bukti di Pengadilan Berdasarkan Undang-Undang Nomor 10 Tahun 2020

The aim of this research is to identify and analyze the regulations for the use of stamps on copies of Land Deed Officials (PPAT) deeds as well as the validity of copies of PPAT deeds that use stamps as evidence in court. The research method used in this research uses a statutory approach so that the design of this research activity is for 6 months with the scope or object of this research, namely the urgency of recording stamp duty on Selena deeds of land deed officials as evidence in court. Where is the place of research, namely in the library with data collection techniques in the form of document study and analysis techniques, namely qualitative analysis. The results of this research are that regulations on the use of stamps on copies of PPAT deeds came into effect after the Stamp Duty Law was promulgated. Stamps function as formal requirements and evidence in court, not as an agreement. The absence of a stamp does not invalidate the legal action, but shows that the requirements as evidence have not been fulfilled and a copy of the PPAT Deed that uses a stamp is considered an authentic deed according to national land law, in accordance with Article 32 of Government Regulation Number 24 of 1997. However, even without a stamp, the legal action remains valid based on Article 1320 of the Civil Code. The seal functions as written evidence, and its absence does not result in the invalidity of the legal act, it only makes the agreement letter not fulfill certain requirements

Penyelesaian Ganti Rugi Tanah Milik dan Tanam Tumbuh Pengadaan Tanah Lahan Pengembangan Cagar Budaya Nasional Kabupaten Muaro Jambi

Procurement of land for public purposes is the implementation of the social function of land rights. Therefore, every person who has rights to land is required to relinquish his rights to land for the sake of the public interest, including the interests of the nation and state as well as the common interests of the people. For the procurement of land for public purposes, each person is entitled to compensation from the state as occurred in the procurement of land for development of the National Cultural Heritage of Muaro Jambi Regency. Every person whose land, whether in the form of property rights or planting rights, grows into and/or is affected by the object of procurement must be given compensation. However, in reality, the process of land acquisition for public purposes is not free from many obstacles because it is related to the interests of many people. The study in this scientific work relates to forms of compensation for the community, obstacles in the compensation process and the efforts made by the government to overcome the obstacles present in the compensation process for freehold land and growing planting land for land acquisition for cultural heritage development in Muaro Jambi. The research approach was carried out socio-legally with primary data and secondary data

Pertanggungjawaban Pidana terhadap Pelaku Memperdagangkan Satwa yang Dilindungi dalam Perspektif Peraturan Perundang-Undangan di Indonesia

The aim of this research is to analyze and discover the criminal liability arrangements for perpetrators of trafficking in protected animals in Indonesia, and to find out and analyze the criminal liability of perpetrators of trafficking in protected animals from the perspective of laws and regulations in Indonesia. The problems of this research are 1) How is the criminal responsibility regulated for perpetrators of trafficking in protected animals in Indonesia? 2) What is the criminal liability of perpetrators of trafficking in protected animals from Indonesian laws and regulations perspective of? This research is a normative juridical research with a statutory approach, conceptual approach and case approach. The results of the research show that firstly, the regulation of criminal liability for perpetrators of trafficking in protected animals in Indonesia is specifically regulated in legislation in the field of conservation of biological resources and ecosystems, which emphasizes criminal liability for perpetrators with imprisonment and fines. Secondly, criminal liability for perpetrators of trafficking in protected animals from the perspective of laws and regulations in Indonesia, must be carried out by making efforts to amend the Law on Conservation of Living Natural Resources and their Ecosystems, in order to create regulatory efforts that meet the characteristics of criminal liability, namely the existence of balance. between law and morals, holistic justice enforcement, flexibility in legal interpretation, community participation, and prevention aspects

Peran Alat Bukti Petunjuk Bagi Hakim dalam Memutus Perkara Pidana di Indonesia

Proof is the central point in resolving criminal cases. Whether a defendant is convicted or not depends on the evidence. Proving, means trying to convince the judge about whether the defendant is guilty or not. Of course, it is based on the evidentiary parameters stipulated in the law. One of the evidentiary parameters is the evidentiary strength (bewijskracht) of each piece of evidence. Guidance evidence are one of the means of evidence as regulated in Article 184 of the Criminal Procedure Code. The legal issue that is the aim of the research is to analyze the role of guiding evidence for judges in deciding criminal cases; because in legal practice the evidence of guidance is very dependent on the judge's subjective assessment in deciding the case. Because what is being studied is the role of guidance evidence, the approach used is a statutory approach. The results of the research show that guidance evidence is complementary evidence or accessory evidence which is only found through other evidence, namely witness statements, letters and defendant statements. Guidance evidence is one of the legal pieces of evidence in Indonesian Criminal Procedure Law which has the role and function of strengthening the evidentiary process in resolving criminal cases. Even though guidance evidence is not direct evidence, guidance evidence has the same position as other evidence in the Criminal Procedure Code

Pembagian Harta Bersama dalam Perkawinan Poligami Berdasarkan Kompilasi Hukum Islam

Marriage according to Law Number. 1 of 1974 and the Compilation of Islamic Law (KHI) is based on the principle of monogamy, which allows the practice of polygamy under certain conditions. In polygamous marriages, the division of shared property is regulated by Islamic law and legislation to ensure justice and protect the rights of the parties involved. However, the division of joint property often causes problems due to the lack of clarity in the mechanisms for calculation and proof of ownership. This research aims to analyze the mechanism of joint property division in polygamous marriages based on the KHI, with a primary focus on Decision Number 555/K/AG/2012. The approach used is normative juridical with a qualitative analysis method, referring to the analysis of legislation, namely Law Number 1 of 1974 on Marriage and the KHI. The analysis results show that the division of joint property in polygamous marriages is determined based on the time of acquisition, where property obtained during the marriage with the first wife becomes the joint right of the husband and the first wife. Meanwhile, property acquired in subsequent marriages involves the next wives in its ownership. The case study of Decision Number 555/K/AG/2012 emphasizes the importance of proving the period of asset acquisition to ensure fairness in the distribution

Implikasi Mental Health Gen Z Akibat Pengaruh Media Sosial dalam Pandangan Hukum di Indonesia

Generation Z, born between the mid-1990s and early 2010s, has grown up in a highly connected digital environment. Social media plays a central role in their daily lives, offering a platform for communication, self expression and access to information. However, social media use also poses significant challenges related to mental health. In Indonesia, those with mental health problems are often viewed as ungrateful and unlucky. This research uses empirical juridical research with an activity plan for 3 months and the scope of Gen Z. This research was conducted in Surakarta City. The materials used in this research are primary legal materials and secondary legal materials. Data collection techniques in the form of questionnaires and analysis techniques, namely qualitative analysis. The purpose of this study is to examine and describe the mental health implications of the influence of social media in the view of legal awareness. The results of the discussion of this research are social media offers benefits to Gen Z, such as social support, opportunities for creative expression, and access to education. However, negative impacts are also significant, including increased anxiety, depression, cyberbullying, and sleep disorders. These factors are often trigerred by unrealistic social comparisons, pressure to be perfect, and exposure to negative content. Gen Z’s legal awareness experiences mental health, because it is triggered by criminal acts committed by Gen Z on social media that result in dealing with the law. This is influenced by knowledge of legal rules, awareness, respect and obedience or compliance with legal rules

Proses Peralihan Hak Guna Bangunan Berdasarkan Jual Beli Dibawah Tangan yang tidak Diketahui Keberadaan Pemiliknya (Studi Putusan Pengadilan Negeri Pontianak No. 92/Pdt.G/2021/PN.PTK)

Underhand sales transactions used for the transfer of Building Use Rights (HGB) often result in various legal issues, especially when the whereabouts of the original certificate owner are unknown. This research focuses on analyzing the District Court Decision No. 92/Pdt.G/2021/PN PTK, which examines the legality of HGB transfers within the framework of agrarian law in Indonesia. In this case, the registration of the transfer of rights must comply with existing regulations, including obtaining approval from the legitimate owner. The court's decision takes into account several factors such as agreements between parties, good faith, and the registration of land rights. This research aims to examine the legality of the transfer of Building Use Rights (HGB) through an underhand sale based on the District Court Decision No. 92/Pdt.G/2021/PN PTK, in accordance with Indonesian agrarian law. The analysis reveals that although underhand sales can be considered valid under certain conditions, the absence of formal procedures can result in legal disadvantages for uninvolved parties. This research also highlights the importance of land registration to ensure legal protection for all involved parties. Additionally, the study underscores the need to understand the legal aspects of the transfer of building use rights and the risks associated with transactions that do not comply with the procedures prescribed by law

Kewenangan Hakim Mahkamah Konstitusi dalam Memanggil Menteri sebagai Pemberi Keterangan pada Perkara Perselisihan Hasil Pemilihan Umum Presiden dan Wakil Presiden Tahun 2024

In the 2024 Presidential PHPU trial, the Constitutional Court summoned four Ministers to give testimony in the trial. This raises a problem, because in the PMK PHPU President there is not a single provision that explicitly authorizes the Constitutional Court judge to be able to summon the informant. This study aims to firstly, determine the legal basis for the authority of Constitutional Court judges to summon the informant in the PHPU Presidential Election Case. Second, to find out the consequences caused by the summoning of the informant by the Constitutional Court judges in the PHPU Presidential Election Case. Third, to find out the clarity of the regulation regarding the informant in PMK No. 4/2023 and to provide a concept of the necessary arrangements in order to avoid abuse of authority by the Constitutional Court judges in the PHPU President. This paper uses normative legal research, using a statutory approach and a case approach. Based on the results of the research, it turns out that there is no authority for Constitutional Court judges to summon the informant because this is not explicitly regulated in the PMK PHPU President. The unclear legal basis governing the summoning of the informant in the Presidential PHPU trial and the actions of Constitutional Court judges who summon the informant on their own initiative can cause problems. The problems that arise relate to potential violations of the principle of independence and the emergence of legal uncertainty. There is ambiguity in the authority to summon the informant in the Presidential PHPU trial. Therefore, further regulation is needed regarding the authority to summon the informant in the PHPU Presidential Election case so that there is a clear division of authority in order to present the informant at the trial

Status Kepemilikan Hak Cipta Sebagai Harta Bersama di dalam Perkawinan

This research aims to discuss the status of copyright as part of joint property in marriage according to Indonesian law, considering the characteristics of copyright that differ from tangible objects in general. Copyright, as part of intellectual property rights, consists of two main elements: the moral rights inherent to the creator and the economic rights that can be exploited. These two aspects pose challenges in categorizing copyright as joint property in marriage. In Indonesia, joint property is regulated by Law Number 1 of 1974 on Marriage, which was updated by Law Number 16 of 2019, as well as in the Compilation of Islamic Law and the Civil Code. However, provisions regarding copyright in the context of marriage have not been explicitly regulated. This research uses the doctrinal legal method. Data were collected through library research and will be analyzed using a qualitative approach, as well as a comparative legal approach to analyze the application of copyright law in marriage in France, which adheres to the Continental European legal system. The research results show that copyrights obtained by one spouse during the marriage are generally considered joint property, unless otherwise specified in the marriage agreement. The rights of the husband/wife who did not create the work are limited to the economic rights over the exploitation of the copyright, while the moral rights remain with the creator

Penerapan Prinsip Mengenal Pengguna Jasa Serta Kepastian Hukum terhadap Akta Pendirian Perseroan Terbatas oleh Notaris yang Berafiliasi dengan Biro Jasa

Apart from having the authority to make authentic deeds, notaries also have the authority to identify users of their services. The authority of a Notary to apply the principle of recognizing service users is the attribution authority obtained from Permenkumham No. 9 of 2017 and the legal consequences for a Notary who does not apply this principle is that the Notary may be subject to administrative sanctions based on UUJN. In applying the principle of recognizing service users, Notaries are asked to dig up information in the form of the identity of service users and the acquisition of sources of funds which will later be reported to PPATK. In order to approach writing, the author uses a normative juridical research approach. The writing in this research emphasizes the legal norms contained in in legislation and court decisions as well as legal norms inherent in society