116 research outputs found

    Mpd Bukan Advokat Para Notaris Berdasarkan Undang-undang No.30 Tahun 2004 Tentang Jabatan Notaris

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    Notary is apublic official who runs most of the public functionsin the state, especially in the civil law. Notary has authority to make authentic certificate of all deeds, agreements, and regulations which is obligated by legislation or which is desired by an interested party, to be declared in the deed authentic, guaranteeing deed date, saving certificates, giving grosse, copies and citations of certificates, all along the deed is not assigned or excluded to the officer or other person which is specified by law.In the authority need to carry out surveillance and MPD is the only aut horized institution to implement surveillance, inspection and giving punishment toward notaries in the district/city. The institution exists of Region Supervisor Council and the Central Supervisors Council.MPD has a special authority which can be run to check notary relate to the investigators request, prosecutors or judges to take a photocopy minuta or other documents which is attached to the minuta or protocols in Notary storage, calling the Notary related to deed which has been made or notary protocols which are in Notary storage

    The Legal Study of Electronic Contracts in Buying Selling based on the Legal System in Indonesia

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    The current development of contract law is no longer limited to contract agreements made conventionally, but has developed in contract agreements made electronically. The purpose of this study is to analyze the position of electronic contracts based on the legal system in Indonesia. The research method used is through a normative juridical approach by describing and analyzing the results of the research qualitatively in relation to the laws and regulations that form the basis of the study. The results of the discussion show that the contract law system in Indonesia adheres to an open system based on the principle of freedom of contract. Everyone is free to enter into an agreement in any way and regardless of its form, as long as it fulfills the requirements for the validity of the agreement as stipulated in the provisions of Article 1320 of the Civil Code. Contracts made electronically by the parties, as long as they comply with the provisions of Article 1320 of the Civil Code, remain valid. One problem that often arises is proving the existence of an agreement between the parties, because in contracts made electronically, the original signatures of the parties are usually not attached

    Konsekuensi Hukum Bagi Seorang Arbiter dalam Memutus suatu Perkara Berdasarkan Undang-undang No. 30 Tahun 1999

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    Arbitrase sebagai salah satu alternatif dalam penyelesaian perkara khususnya perkara yang dapat didamaikan banyak diminati oleh kalangan pelaku USAha, karena sifat kerahasiaannya dan diselesaikan dengan waktu yang sudah ditentukan oleh undang-undang (Undang-undang No.30 tahun 1999).Proses persidangan arbitrase dipimpin oleh seorang arbiter, baik tunggal maupun majelis, yang penting jumlah arbiter adalah ganjil.Hal ini dimaksudkan untuk memudahkan di dalam mengambil keputusan. Sebagai seseorang yang di amanahi untuk menjadi seorang arbiter adalah mengemban tugas yang tidak ringan. Dia harus dapat adil, tidak memihak, serta dapat menyelesaikan tugas yang diberikan dengan memberikan hasil putusan dalam jangka waktu yang sudah ditentukan oleh undang-undang, yaitu 180 hari dengan perpanjangan waktu 60 hari.Waktu yang telah ditetapkan oleh undang-undang no.30 tahun 1999 tersebut di atas harus benar-benar di jalankan oleh seorang arbiter, sebab jika tidak, maka dia di ganjar untuk mengembalikan biaya-biaya yang telah dikeluarkan oleh para pihak disamping juga dapat memunculkan rasa tidak percaya terhadap lembaga arbitrase yang diharapkan dapat menyelesaikan perkara yang tengah dihadapi dalam waktu yang tidak begitu lama

    A Legal Assistance In Criminal Action Trial Process

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    The purpose of this study was to analyze the form of legal aid in the criminal trial process. To analyze the forms of legal assistance provided by the Legal Aid Institute for victims. To analyze the obstacles to legal aid in the criminal trial process and its solutions. The method used by the researcher is a sociological juridical approach and the specifications in this study include analytical descriptive. Based on the results of the research that the form of legal assistance in the criminal trial process is to accompany the suspect/defendant at every level of examination, especially the level of prosecution and trial of criminal acts, so that human rights are guaranteed, during and after the trial and seek diversion of criminal cases so that the perpetrators of criminal acts get their rights. The forms of legal assistance that can be provided to victims by LBH, in the criminal justice process, start from assistance carried out when the victim starts reporting the case to the police until the case is decided in court. Constraints: In practice, the provision of legal aid that has been applied is only limited to the provision of legal aid as mandated by Article 56 of the Criminal Procedure Code. In the appointment of legal counsel for the Defendant based on the mandate of Article 56 of the KUHAP in the event that the Defendant is incapacitated who is threatened with a sentence of five years or more who does not have his own legal advisor, Judges often make stipulations on the appointment of legal counsel without knowing in advance whether the defendant is economically capable or not. Solution: Provide information on Posbakum services for the Defendant in the District Court. In this case, this can be done by placing an information board on the Posbakum service in front of the District Court Detainee or by providing a pamphlet containing information on the Posbakum service in the detention room

    Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects

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    The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public

    Legal Protection for Buyers against the Understanding of Home Ownership Loans

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    Subsidized Home Ownership Loans are loans intended for lower-middle income communities in order to meet housing needs or repair houses that they already own. KPR is a credit facility provided by the Bank as a creditor to consumers (buyers) as debtors which are used to purchase land and houses on it. The approach used in this study is a normative juridical approach. The results of this study are: 1) Legal protection for buyers in cases of buying and selling houses and land under the hands can be obtained by submitting an application for determination to the local district court to ratify the buying and selling process, 2) The validity of buying and selling which aims to take over ownership credit house under the hand is not binding on third parties. In connection with this, according to law the legal owner of the land and building is the owner of the first party so that the transfer of rights must go through/obtain the approval of the first party. This makes it difficult in the future, especially if the owner's whereabouts are known

    Hoax News Study On Social Media Based On Islamic Law And Law No. 19 Of 2016 Concerning Amendments To Law No. 11 Of 2008 Concerning Electronic Transactions And Information

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    Lately, hoaxes on social media are increasingly rampant, almost every day news information is never emptyof news about lies. Covid 19 news which is news warmest as long as almost one in is a soft meal for thosewho like to make fake news. This incident really saddened our hearts to hear it. Society needs a strong filter for receive news that is not necessarily true. It never hurts to check from which news sources and who’s preaching.The spread of fake news according to Islamic law is not justified as stated in the Qur’an Surat An-Nur 24 verse (14) and verse (15), Allah has given an explanation to mankind to always speak the truth, especially in conveying a message or news, because Delivering a message that is not true will not be reassuring, Prophet Muhammad He has also given an example for us to become people who can be trusted, one of which is by being honest with others.Indonesia as a country committed to the progress of the times, especially in the field of technology With this information, the Government supports the development of Information Technology through infrastructure laws and regulations so that the use of Information technology is carried out safely to prevent its abuse by paying attention to the religious and socio-cultural values of the Indonesian people. The threat of punishment for hoax spreaders, based on Law No.19 of 2016 concerning Amendment against Law No. 11 of 2011 concerning Electronic Information and Transactions as referred to as stated in Article 45A paragraph (1), namely by imprisonment for a maximum of 6 (six) year and / or a maximum fine of Rp. 1 billion

    Legal Analysis Of Giving Remission To Fostered Citizens Of Criminal Acts In Narcotics In The Narcotics Special Class IIa Gintung Cirebon

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    The problems of this study are: 1) How can the application of remissions the inmates of narcotics cases in the Penitentiary (Prison) Narcoticts Class IIA Gintung Cirebon? 2) Are the obstacles in granting remission to the prisoners in the prisons of narcotics cases Narcotics Class IIA Gintung Cirebon?The method used is a sociological juridical approach. Specifications research used in this research is descriptive analysis. The sources and types of data in this study are primary data and secondary data.Based on the results of this study concluded that Application of remissions the inmates of narcotics cases in the Penitentiary (Prison) Narcoticts Class IIA Gintung Cirebon tightened after the enactment Government Regulation No. 99 Of 2012 and the Regulation of the Minister of Law and Human Rights No. 3 of 2018. Constraints in granting remission to the prisoners in the prisons of narcotics cases Narcotics Class IIA Gintung Cirebon because in addition to the provisions stipulated by Government Regulation No. 99 Of 2012 and the Regulation of the Minister of Law and Human Rights No. 3 of 2018, also the following provisions: a) Punishable with a penalty of less than 6 months; b) Disciplinary penalties and violations are listed at the register book prisons or detention order within the time period taken into account in granting remission; c) Leave ahead of undergoing free; d) Sentenced to imprisonment substitute fines.Keywords: Legal Analysis; Remission; Citizens Patronage of Corrections; Crime; Narcotic

    The Sustainable Development Planning Based on Spatial Policy in Demak Regency

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    This research aims to find out how the implementation of the Regional Spatial Planning Policy in sustainable development planning, to find out how the process of permitting the use of spatial planning for development in Demak Regency. The method used in this paper is to use the normative juridical writing method, with the main data being secondary data in the form of documents related to the implementation of regional spatial planning policies in development planning and the process of permitting spatial use for development in Demak Regency, the data were analyzed by qualitative analysis with provide an interpretation of the data that has been collected. The results of the discussion show that 1) Sustainable development planning as outlined in the RPJMD is prepared based on the RPJPD. The preparation of the RPJMD also uses the RTRW as a reference for directing the location of activities and compiling development programs related to the use of space and areas, so that development is carried out in accordance with what has been planned in the RTRW. 2) The process of granting permits for development related to spatial and regional planning in the Demak Regency is carried out by the Public Works and Spatial Planning Office for the Demak Regency, abbreviated as Dinparu, has the task of assisting the Regent in carrying out government affairs in the field of public works and government affairs in the spatial planning sector which are the regional authority and co-administration assigned to the region. Dinputaru in the field of Spatial Planning encourages the public to use the online single submission (OSS) system in submitting suitability for spatial use activities (KPPR)

    Restorative Justice In Application For Crime Investigation Abuse In Polsek Middle Semarang

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    The issues that will be reviewed by the authors in this paper are: 1) How can the application of Restorative Justice in the criminal investigation police persecution in the Middle Semarang?; 2) What are the obstacles in the implementation of Restorative Justice in the criminal investigation police persecution in the Middle Semarang; 3) What is the solution to implement Restorative Justice in the criminal investigation police persecution in the Middle Semarang? The method research approach used socio-juridical. Specification of the research is descriptive.The the type of data used is primary data, secondary data consisting of secondary legal materials and tertiary legal materials.Based on the results of the study concluded that the application of Restorative Justice in the investigation of criminal mistreatment in police Middle semarang has been able to implement, but still refer to the existing rules that reduce the evidence to the non-fulfillment of the evidence in accordance with Article 184 Criminal Procedure Code so that the case can be implemented degrees termination of an investigation or SP3 , Obstacles in the implementation of Restorative Justice in the criminal investigation police persecution in the Middle Semarang is the existence of internal factors and external factors that should be corrected so that Restorative Justice can be implemented without violating the rules. The barriers related solutions need to do is provide legal counseling, seminars, maximize the role of lower-level government officials related legal awareness in the community and maximize Bhabinkamtibmas role as the executive officer as well as representing the presence of the state in society.Keywords: Restorative justice; Investigation; Crime of Persecution
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