Reconstruction of Notaries Liability on Their Authentic Deed Based on Justice Value: Moderating Role of Supply Chain Management

Notaries’ liability for the authentic deed they draw must be based on the concept of a Notary Public as a position. This concept means were as long as the Notaries still have authority to do the deed, the liability for the make of deed is attached to and imposed on him. This study uses socio-legal approach, in which in this context, legal institutions are not understood as normative entities, but will be seen as part of the whole social system that is in an interrelated condition with other social variables. The result of this research is that the liability principle of a notary which is used is based on mistakes liability. The results also conclude that supply chain management (information facilitation) system acts as a positive moderator in the relation. Notaries can be held liable if there is an element of error they did. Noting the provisions of Article 65 of the Law on Notary Position, the retired Notaries Public will remain responsible for the deed they made. Therefore, there is confusion about the limit of Notaries liability based on Article 65 of the Notarial Law (UUJN) that even though all the deeds made by the Notaries have been handed over or transferred to the Notary protocol depositor, and even they have stopped or not served any longer as Notaries, they must still be responsible for the liability as notaries for their entire lives

Implementation Of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study On Jurisdiction Central Java Regional Police)

This study, entitled "Implementation of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study In Region Central Java Regional Police)". Based on the description in this thesis, that will be examined are: 1). How does the application of criminal sanctions against the crime of mining without a license in the jurisdiction of the Central Java Regional Police? 2). Is it true that criminal sanctions against mining without permission a criminal offense can be a deterrent effect? 3). How the barriers and solutions so the application of criminal sanctions against the crime of mining can be a deterrent effect?The study concluded that: 1). Penal provisions against the crimes mining unlicensed / illegal mining regulated in Act Number 4 of 2009 on Mineral and Coal, under Article 158, Article 160 Paragraph (1) and Paragraph (2), Article 161, Article 163 Paragraph ( 1) and Paragraph (2), and Article 164. 2). Act Mineral and Coal just set the maximum threat. This is impacting on the demands of the Public Prosecutor and the decision to be handed down by the judge. In the absence of a minimum penalty, the prosecutors and the judge may impose demands and the decision to a penalty is low, so it is feared not give deterrent effect to the perpetrators of illegal mining. 3). Mining Law there are four (4) weakness which some contradictory to each other, namely: a). In Article 169 (a) regarding the validity of the Contract of Work. b). Act Number 4 Of 2009 on Mineral and Coal Mining (Mining Law) are not set on the Mining Authority (KP). c). Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs.Keywords: Sanctions; Criminal Act; Mining

Law Enforcement against the Criminal Action of Little Theft

This study aims to identify and describe law enforcement against minor theft crimes based on Perma No. 2 of 2012. This study uses a normative juridical approach, which is descriptive and analytical in nature. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that law enforcement against minor theft crimes based on Perma No.2 of 2012 is carried out by judges by imposing fines from the general minimum limit to the specific maximum that has been adjusted, depending on the judge's discretion to consider the ability of the defendant and the economic conditions of the local community. There is an adjustment in the amount of the fine, then the problem of the value of the criminal penalty which is felt to be too low will be resolved, and the punishable fines that are threatened will be more in accordance with the development of the community. Imposing a fine for the perpetrator of minor theft will be more beneficial, both for the perpetrator, the community and the state itself, while for the victim, they will also receive justice

The Role of Officials Making Land Deeds in Making Deeds of Land Grants to Recognized Out of Wedlock Children

This research is to find out and analyze the legal construction, constraints and should PPAT in making a recognized deed of land grants to children out of wedlock. This study uses empirical juridical methods with the main data collection techniques through interviews and literature as supporting data with qualitative descriptive data analysis. The results of the study show that the construction of statutory law and Islamic law allows parents to give their assets to children out of wedlock who are recognized as long as they do not exceed the absolute share of other heirs, namely 1/3 part and are made in the form of an authentic deed. In addition, the transfer of land rights must be registered with the National Land Agency. The obstacle faced by PPATs is that there are still many grants made under the hand and do not present their heirs. In addition, the PPAT in making the grant deed is not in accordance with the form determined by law. In this case the PPAT must ensure that the formal and material requirements for parental grants to children out of wedlock are fulfilled and can translate and accommodate the interests of the parties, thus providing guarantees and legal certainty.Keywords: Children; Deeds; Grant; Recognized; Wedlock

Police Role In The Process Of Penal Mediation

Penal mediation settlement of criminal cases into the shape desired by the people involved in the dispute or disputes between community members. This is caused because the penal mediation there is no one party that defeated or won, so hopefully after the settlement with this penal mediation model disputing community members can live in peace side by side back to normal. This study raises the issue. What is the role of the police in the process penal mediation? This study belongs to the species normative legal research. Technic collecting data used is the study of literature. Descriptive analysis method. The results showed that that the implementation of the Police has the authority to conduct penal mediation by Act No. 2 of 2002 on the Indonesian National Police. One form of penal mediation by the police that the decision to terminate the criminal case after the settlement reached through negotiation involving mainly the victims and perpetrators, as well as religious leaders, community leaders and local government representatives.Keyword: Police, Penal Mediation, Criminal Case

Crime Investigation on Theft by eighting with The Modus Of Prying Automated Teller Machine (ATM) in Jurisdiction Area of Central Java

This study aims to: 1) Review and analyze the implementation of the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 2) Assess and analyze the factors that hinder the investigation related to solve investigator in the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 3) Assess and analyze the efforts of investigators linked the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java? Results: 1). The process of investigations conducted by the Central Java Police in solving criminal cases of theft through Automated Teller Machine (ATM) with prying mode in accordance with the rules contained in the Criminal Procedure Code and the Law on Police No. 2 of 2002. 2). Based on the description of the Central Java Police investigators, the obstacles faced by the team of investigators of Central Java Police, among others: a. Evidence is hidden and difficult for investigators to look suspect. b. The suspect managed to flee with his colleagues by car, so investigators have to chase. c. In providing information with convoluted.3) Relatedwith efforts to overcome obstacles investigator in a criminal law enforcement ATM theft with prying mode is as follows: a. In search of evidence of the crime of investigators need to conduct more intensive searches of suspects. b. Coordinating with other entities by way of exchange of information / Data notify each DPO (List of People Searching) and when in the area to find people who sought immediately apprise and made arrests. c. Providing information (by extension agents) to the public to participate actively in supporting the work of police in the investigation of the theft through ATM.Keywords: Investigation; Crime of Theft By Weighting; Prying Automated Teller Machine (ATM)

Implementation of Criminal Sanctions by Public Prosecutor against Narcotics Abuse

The purpose of this study is to describe and analyze the implementation, barriers and policies to overcome obstacles in the application of criminal sanctions by public prosecutors in prosecuting class I narcotics abusers at the Semarang City District Attorney. The method used in this research is juridical empirical, which is descriptive-analytical. The data used in this study are primary data and secondary data, which were obtained from interviews and literature studies, then analyzed qualitatively. The conclusions in this study are: (1) the application of criminal sanctions by the public prosecutor refers to the BAP and evidence provided by the police, which is based on the activities of the suspect when the police are arrested; (2) obstacles in the implementation of the application of criminal sanctions by the public prosecutor, including obstacles in terms of legal substance, legal structure and legal culture: (3) so that policies are needed to overcome these obstacles to achieve justice, including revision of articles in the Law. Narcotics Law, holding knowledge sharing, holding outreach, and coordinating with related agencies

The Reforming Of Money Politics Cases In Election Law As Corruption Crime

This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics

Notary Responsibilities on Credit Agreement of Building Warranties Right (HGB)

The purpose of this study is conducted to: 1) Analyze the responsibility of the notary in the deed that is not in accordance with the provisions of paragraph of article 16 paragraph (1) item 1 and paragraph (7), Law office of a notary. 2) Analyze the responsibility of the notary in the manufacture of a credit agreement with a guarantee deed Building Warranties Right (HGB) maturing amid financing period. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed with descriptive methods analyst

Policy Value of Basic Law in The Process of Criminal Investigation by Polri Investigator

Policy value of basic law of investigation on the handling of an offense by the police investigators is still less than the maximum because public distrust and dissatisfaction factors on the performance of the Police. The purpose of this research isto describe rate policy the basic law, the factors that influence and examine how the investigation should be done on the handling of criminal assault by police investigators in the present and future. The method used in this research is the approach normatife juridical and empirical approaches. Type of research is descriptive. Primary data and secondary data is data used in this study. Methods of data collection in this study using observation, interview and literature study. Analysis of data using qualitative descriptive method. The study states that 1) in order to hold the inquiry and investigation, the Investigation Police Investigation Unit and has implemented procedures in accordance with the prescribed rules legislation; 2) The most dominant factor affect the investigation that is a factor of society 3) The efforts made in overcoming the barriers that exist, such as by holding socialization and explain the importance of the role of investigator in handling criminal offense.Keywords: Basic Law; Investigation; Investigator