71 research outputs found

    Kekuatan Pembuktian Akta Dibawah Tangan Perjanjian Jual Beli Dihubungkan dengan Kewenangan Notaris dalam Pasal 15 Ayat (2) Undang-undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris

    Full text link
    Function legalization by notary deed under the hand over, to give certainty to the judge about the date, identity and signature of the parties concerned, so as to provide additional strength of evidence in a trial in court, and the function waarmerking on deed under hand only give certainty the date of registration of the deed. Deed under the hand that has obtained the legalization and waarmerking of a notary, may be canceled by the judge if requested cancellation by one of the parties to the agreement based on sufficient evidence.Keywords: Notaries, Notary Legalization, Function waarmerkin

    Perlindungan Hukum terhadap Hak-Hak Masyarakat Adat di Kabupaten Pelalawan Terkait dengan Penerbitan Ijin Lahan

    Get PDF
    Overlap the land permit granted by the Government of Pelalawan result of indigenous people communal land taken without regard to the rights of the local population. In issuing licenses, many customary rights of indigenous peoples are disadvantaged. Because in practice the country has not fully provide legal protection of the rights of indigenous peoples, as in the case of customary land disputes and conflicts/communal, indigenous peoples still in a weak position associated with the policies issued by the state. Need for Local Regulation in Pelalawan governing the legal protection of the rights of indigenous peoples, so that indigenous land disputes and conflicts/customary in Pelalawan can be minimized

    Analisis Yuridis terhadap Kewajiban Pembayaran Imbalan Bagi Kurator (Studi Kasus Putusan Penetapan Nomor 48/pailit/2012/pn.niaga. Jkt.pst Jo Nomor 704 K/ Pdt.sus/2012

    Full text link
    Indonesias economy was shocked by the news of PT. Cellular telecommunications (PT Telkomsel) were declared bankrupt by the Commercial Court on 14 September 2012. Telkomsel cut off bankruptcy by the Central Jakarta Commercial Court Decision Case Number 48/Pailit/2012/PN.Niaga.Jkt.Pst. because judged not meet obligations to partners, PT. Prima Jaya Informatika. However, the Bankruptcy Decision subsequently canceled by the Supreme Court. However, natural bankruptcy at the end of the PT. Telkomsel is not the end result of the law that must be paid by Telkomsel namely Rewards For curator.In conducting the study, the authors formulate two formulation of the problem, namely: The first How to Position the Receiver in bankruptcy cases Telkomsel in Decision Determination of Number 48/Pailit/2012/PN.Niaga.Jkt.Pst Jo No. 704 K/Pdt.Sus/2012? Second, How to judge the legal considerations of the remuneration for the Curator dalamPutusan-related judgments Telkomsel Bankruptcy Decisions Determination Number 48/Pailit/2012/ PN.Niaga.Jkt.Pst Jo Number 704 K/Pdt.Sus/2012?.and three, How analyzes Determination Decision No. 48/Pailit/2012/ PN.Niaga.Jkt.Pst Jo Number 704 K/Pdt.Sus/2012?The results showed that: The First, Fees for the Receiver in bankruptcy case ends because the appeal or reconsideration decision, the amount of remuneration is determined by the judge and curator charged to the applicant or the applicants bankruptcy and debtors in the ratio set by the panel of Judges. Second, Decision of the Commercial Court Decision on Central Jakarta District Court No. 48/Pailit/ 2012/PN.Niaga.Jkt.Pst Jo No. 704K/Pdt.Sus/2012 is not compatible with the principles of justice. And three, the judges who decide the benefits do not consider the work that has been done, ability, and employment rates Curator concerned in determining the amount of remuneration. And does not consider any new rules that have been born with regard to the provisions of the Guidelines amount of remuneration for the curators and Administrator (Rule of law and human rights minister Number 1 of 2013).Keywords: Bankruptcy Telkomsel Curator Curator Reward

    Implementasi Asas Kebebasan Berkontrak pada Perjanjian Kerja Waktu Tertentu di Pt.cipta Niaga Semesta Pekanbaru Berdasarkan Undang-undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan

    Full text link
    By normatif, rule about its valid condition of existing agreement in Section 1320 KUHPERDATA adopted fully by Section 52 sentence Code Number 13 Year 2003 about Labour. just Only is, because is fourth of its valid condition of existing agreement in Section 1320 KUHPERDATA have related to other civil principle of justices, hence solution about its valid condition of compilation of work agreement relate to KUHPERDATA and Code Number 13 Year 2003 about Labour.But, in the execution, work agreement is designedly made by including clause limiting labour rights.This Research type is classified in research of sosiologis yuridis, because direct writer perform a research at accurate place or location. This research is conducted in PT. Cipta Niaga Semesta branch Pekanbaru in Komplek Warehousing Of Avian Block of DD 02 Road;Street of Arengka II, while and population of sampel is to represent the overall of side related to problem of accurate in this research, source of data the used is primary data, data of sekunder data and of tertier, technique data collecting of research with observation, interview, bibliography study and enquette. Result of research found by that there is the parties rights and obligations imbalance him at PKWT between PT. Cipta Niaga Semesta Pekanbaru with employees. This prove that PT. Cipta Niaga Semesta Pekanbaru designedly impinge rule of ketenagakerjaan going into effect.From result of research can be concluded is. First, the parties rights and obligations at PKWT PT. Cipta Niaga Semesta uneven Pekanbaru. Side of PT. Cipta Niaga Semesta Pekanbaru only affirming its rights as employer to employees by giving obligation to employees through PKWT. Implementation Ground freedom contract at PKWT PT. Cipta Niaga Semesta Pekanbaru have been executed by both parties. But, in the execution there are deviation to applying at PKWT steming from freedom contract in making work agreement. Both, Resistance Implementation freedom ground contract at PKWT PT. Cipta Niaga Semesta Pekanbaru, namely its minim of knowledge of employees, side of PT. Cipta Niaga Semesta Pekanbaru is not consistent run order of ketenagakerjaan observation inexistence and of local institution. Third, Effort overcome freedom ground implementation resistance contract at PKWT PT. Cipta Niaga Semesta Pekanbaru is to improve knowledge of employees to rule of ketenagakerjaan, side of PT. Cipta Niaga Semesta Pekanbaru evaluate to repeat PKWT which they make for the labour of. The change to overcome some lacking of in items of PKWT at the same time alter some clausal weighing against labour and maximize observation of local institution like On Duty Labour Town of Pekanbaru

    Analisis Yuridis terhadap Perbuatan Melawan Hukum pada Perjanjian Kerjasama yang Dibuat oleh Muhammad Nuzul sebagai Pihak dalam Perjanjian (Studi Kasus terhadap Putusan Mahkamah Agung Nomor 3198 K/pdt/2010)

    Full text link
    Issues in Supreme Court Decision No. 3198 K / Pdt / 2010 which decides Muhammad Nuzul has committed an unlawful act for violating Law No. 30 Year 2004 concerning Notary, tort in the form of intervention in the Deed of Cooperation Agreement No. 208 dated January 30, 2006 made by Muhammad Nuzul, where the agreement was made with the tort and the only benefit fraud Muhammad Nuzul, and tort of using the money belongs to the Duma Sari Lubis given to Muhammad Nuzul for capital building stations Kamuyang River Payakumbuh, but the capital he used unlawfully by not clear and there are no reports for accountability for the use of the money. Keywords: Decision, Notary Law, Agreement, act against the right

    Analisis Yuridis Proses Hukum terhadap Pejabat Diplomatik yang Melakukan Perbuatan Melawan Hukum di Negara Penerima (Studi Kasus Asusila Pejabat Diplomat Malaysia di Wellington, Selandia Baru)

    Full text link
    Immunity of diplomatic officials is freedom from arrest or detention. This freedom is a guarantee for one diplomatic official in conducting its functions. Each emphasis directly against a diplomat who represented his country could be considered as aimed directly against the countries they represent, but a diplomat are also obliged to respect the rules and laws of the recipient country.This study aims to determine the provisions of Vienna Convention of 1961 that regulates the immunity and privileges of diplomatic officials and legal processes that must be followed by a diplomatic official who committed an unlawful act in the recipient country.This research is a form of literature studies, which are guided by the development of science of International law, especially in the diplomatic field. From this research can be seen the advantages of immunity and inviolability, which is given to diplomatic officials, associated with the execution of their functions and duties. However, from the advantages it can be seen the individuals who misuse these immunity.Results from this study would be refers to the case between New Zealand and Malaysia with the provisions on the rights of immunity and the privileges of an officials diplomatic for contained in the 1961 Vienna Convention.The provisions about the waiver of immunity and the rule of law are stated in Section 32 of the Vienna Convention 1961. Immunity of jurisdiction of diplomatic officials and those who enjoy the immunity contained in Section 37 of the Vienna Convention 1961 can be removed by the sending country. Dismantlement of immunity the diplomat who violate depends on the good faith of the sending country in ensuring that the diplomat will get fair treatment in the country. Because in Vienna Convention 1961 on Diplomatic Relations does not explain about the standard or a reason to be abandon immunity of a diplomat who commit violations.Thus, the authors suggest for more coordination between the government and the police related to the arrest and detention of diplomatic officials who proved to have committed acts of crime in the territory of New Zealand, so that all processes that run against diplomatic officials can be run in accordance with the rules of International law applicable in New Zealand

    Peran Ninik Mamak dalam Pemanfaatan Tanah Ulayat di Kenagarian Lipat Kain Selatan

    Full text link
    Customary law is part of the law that comes customs, the social norms are created and maintained by the functionalist law and apply and are intended to regulate legal relations in society. Customary law governs the indigenous people and their customary land. Legal relationship between indigenous people and land creates the right that gives the community as a group of law, the right to use the land for the benefit of society. Each has the customary rights of indigenous peoples. Customary rights is the right of communion law to use freely the lands which remained a grove within the region, for the benefit of the fellowship of the law itself and its members, or to the interests of those outcomes (foreigners or immigrants), with the permission of the legal communion with pay beyond that (recognition).Talking about customary land, customary land rights holders led by traditional authorities or the prince of the tribe. Article 9 of Regional Regulation (Perda) of Kampar regency No. 12 of 1999 concering about customary land rights states thats, the prince of the tribe task is to govern, prosperity, and security in their respective alliances in the field of customs law. That mean is, the prince of the tribe obliged to maintain the welfare and interests of community members in order to avoid disputes
    • …
    corecore