Journal & Issues

Journal Details
Format
Journal
eISSN
2620-9837
Published
13/12/2021
Languages
English
11 Articles
access type Open Access

The Position of the Sale and Purchase Deed and Responsibilities of the Land Deed Official in the Dual Certificate Case

Page range: 325-339

Abstract

Ownership of a plot of land in Indonesia requires the existence of a land certificate, in this case the prospective land owner are obliged to register land on the plot of land to be owned. However, in practice and implementation there are still many problems related to land rights that lead to disputes in the midst of Indonesian society, even though the land registration has been carried out in accordance with the provision of the legislation, such as the subject matter in this article where there is a overlapping certificate issuance of a plot of land where there was a dispute between Sa'diyah as the Plaintiff against the Head of the Central Lampung Regency Land Office as the Defendant regarding the issuance of a overlapping certificate on a plot of the Right Land Ownership which was settled through the Bandar Lampung State Administrative Court based on Decree No. 24/G/2017/ PTUN-BL. The results of the decision stated that the defendant was obliged to revoke or withdraw the certificate of ownership rights in the name of Mrs. A. Ruyanti and what was the role and responsibility of PPAT towards the evidence of the Deed of Sale and Purchase in the form of land and buildings with the same object. This type of research is normative juridical research in the form of descriptive analytical. In this case, the legal protection has been partially fulfilled, but the PPAT and the head of the land office in this case are still questioning the legality of carrying out the existing procedures related to the issuance of certificates and the issuance of Deed of Sale and Purchase for the same object.

Key words: Double Certificate Issuance; Overlapping Certificate; Land Registration.

access type Open Access

Cancellation Of Notarial Deeds Made By Notaries Done Unauthorized And Against The Law (Case Study In Tangerang City)

Page range: 340-354

Abstract

ABSTRACT

A notary as a public official is a profession to provide legal services to the community, a notary who has been appointed by the state is authorized to make evidence or legal documents in the eyes of the law. Legal evidence is made by a Notary in the form of an Authentic Deed or Notary Deed, which has legal and perfect evidentiary power in the eyes of the law. Therefore, the role of the Notary in making the Authentic Deed is very important for the needs of the community, many of which are state documents. Therefore, the precautionary principle is very necessary in carrying out the duties as a Notary. The problem is how a notary produces an authentic deed that is legal and not against the law. What is the responsibility of a notary as a public official for the cancellation of a deed made because it is illegal and against the law? against the law ? To answer these problems, this type of research is normative. The data used are secondary data, library study data collection, and qualitative data analysis and drawing conclusions using deductive methods. The conclusion of this author states that (1) Notaries give birth to Authentic Deeds that are valid and not against the law by having the power of a perfect and binding Proof of Authenticity of Deeds, (2) As a Notary must have an attitude of responsibility for what he has made, if at the time it occurs dispute or violation of the deed he made, the Notary must be responsible for the mistakes he made. and (3) All deed documents made by a Notary/PPAT in Tangerang are null and void or at least legally flawed and against the law.

 

Keywords : Cancellation of Notary Deed, Notary, Notary Liability.

access type Open Access

Legal Protection From Creditors As The Fiduciary Security In A Financing Associated With The Award Mahkamah Konstitusi No. 18/PUU-XVII/2019

Page range: 355-385

Abstract

Abstract: The background of this research is that the fiduciary guarantee is a form of legal protection for creditors as the holder of the fiduciary guarantee in the management agreement regulated in Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantee. However, after the issuance of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 which considers the provisions of article 15 of the fiduciary guarantee Act regarding the executorial power of fiduciary recipients who will abuse creditors, or in other words the fiduciary guarantee certificate has no legal certainty. in the power of execution. Therefore, the aim of this study is to analyze the legal certainty and protection of the execution of fiduciary guarantees in the agreement regulated by the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019. This research is a normative juridical study but is also supported by empirical data so that it is researched data that comes from literature and court decisions. The results show that the legal certainty of the Fiduciary Guarantee Parate in the Financing Agreement is linked to the Constitutional Court Decision Number 18 / PUU-XVII / 2019, namely that creditor companies can still execute fiduciary objects as long as there are provisions for default or default in the agreement of the parties as outlined in the deed. agreement and the debtor's willingness to submit the object of guarantee. The form of legal protection for creditors as holders of fiduciary guarantees is linked to the Constitutional Court Decision Number 18 / PUU-XVII / 2019 in a preventive manner, namely by making a financing agreement as outlined in a deed and containing provisions related to default or default. Meanwhile, repressive legal protection is that if the debtor does not admit to default, the creditor can file a lawsuit against the court, so that the court will determine the condition of the debtor's default.

 

Keywords: Legal Protection, Fiduciary Guarantee, Financing Agreement

access type Open Access

A Judge For Criminal Justice Decisions In Consideration Of Criminal Acts Of Murder (Case Study No. 299/PID.B/2013/PN.GST)

Page range: 386-400

Abstract

Abstract: At Gunungsitoli District Court Decision Number 299/Pid.B/2013/PN.Gst), the defendant was sentenced to 12 years in prison for committing a joint murder. In this verdict, the defendant clearly acted as the main perpetrator or intellectual of the murder and the defendant also threatened one of the witnesses with the aim of making the witness participate in the murder. So the act of the defendant should be punished more severely in accordance with the provisions of the criminal law. Based on these descriptions, the researcher interested in conducting research entitle “Pertimbangan Hakim Terhadap Putusan Pemidanaan Pada Tindak Pidana Pembunuhan (Studi Putusan Nomor 299/Pid.B/2013/PN.Gst).” Based on the results and discussion, it is concluded that the Judge's consideration in the conviction of the crime of murder (case study decision number 299 / Pid.B / 2013 / PN.Gst), the judge has a non-juridical basis for consideration, namely where the defendant is polite in court, has never been convicted, and the defendant acknowledged and regretted his actions, while the juridical consideration was that based on the facts of the trial, the defendant legally committed the crime of murder. So the judge should have sent a conviction to the defendant as stipulated in Article 340 Jo 55 paragraph (1) of the Criminal Code.

 

Keywords: Judges Considerations, Criminal Decisions, Murder Criminal Act

access type Open Access

The Use Of Such Retroactive In Handling The Violation Of Human Rights In Timor-Timur 1999-2002 In A Period Of Years

Page range: 401-409

Abstract

Abstract: This writing of this scientific paper discusses the use of retroactive principles in the handling of the resolution of gross violations of human rights in east Timor in the period 1999-2002. Where this retroactive principle is something new in the eyes of the lay community who still do not know much about the principle of retroakctive. With the occurrence of gross violations of human rights in eas Timor, it became a necessity for Indonesia to establish Human Rights court or before the esthablishment of the Ad,Hoc court. The establishment of the Human Rights court is therefor an insistence of the internasional community on the occurrence of serious violations that occurred in east Timor. The basis of the use of retroactive principles with the existence of law No. 39 of 1999 and law No. 26 of 2000 on Human Rights Court. From this analysis the author tried to make an analysis that regulates the use of retroactive principles in handling the settlement of gross violations of human rights in East Timor in the period 1999-2002.

 

Keywords: Penggunaan Asas Retroaktif pada Pelanggaran Berat Hak Asasi Manusia

access type Open Access

Corruption Of Law Enforcement On E–KTP By Members Of The Legislature Efforts And Non Penal Criminal Policy In Perspective

Page range: 410-421

Abstract

Abstract: The crime of corruption in Indonesia is already in a very serious position and is deeply rooted in every aspect of the life of the nation and state. Corruption practices carried out by government officials have never gone down even more massive and structured as well as with very mature planning to rob the state's money. State officials who commit criminal acts of corruption are also very smart and sophisticated to protect their crimes from being chased and even arrested by the authorities, they even collaborate with other officials to smooth the budget that will be corrupted. One of the institutions that commit the most corruption is the House of Representatives of the Republic of Indonesia (DPR-RI), where in the period from 2004-2019 it was recorded that there were 70 members of the DRP Legislature who were involved in corruption cases in various fields within the commission that was part of the task. they. One member of the House of Representatives (DPR) who became the Chairman of the DPR for the 2014-2019 period, one that was phenomenal, was that of Setya Novanto which resulted in a loss of state money of Rp. 1.2. trillion, it is really fantastic what Setya Novanto has done by involving many other members of the DPR as well as BUMN officials and finance officials to smooth the budget that he will corrupt, in corruption for the E-KTP project. Beyond common sense and conscience as a representative of the people who should be at the forefront in eradicating corruption in Indonesia.

 

Keywords: Law Enforcement, Corruption Crimes, Non-Penal Efforts, Criminal Policy Perspective

access type Open Access

Legal Policy Regional Governments In The Distribution Of Social Assistance To The Affected Communities Covid-19

Page range: 422-434

Abstract

Abstract: This study aims to analyze the regulations regarding local government policies in the distribution of Covid-19 social assistance in Indonesia. The research method used in this study includes the type of normative juridical research which includes researching and studying norms in laws and regulations, especially those relating to the object of research. Legal materials that will be studied in normative legal research are in the form of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique used is by conducting a search through laws and regulations, and comparing it with materials regarding the fulfillment of social assistance for communities affected by Covid-19 by the Regional Government which were collected by conducting studies and inventories and then linking their contents with legal materials in the form of literature. law. The results of the study show that the regulation regarding the authority of local governments in distributing Covid-19 social assistance in Indonesia is reviewed from the first point of view, the basic rules for distributing Covid-19, namely general rules governing the source and mechanism for distributing social assistance funds as well as arrangements regarding the delegation of authority to local governments given by the central government based on the principles of decentralization and deconcentration in terms of the provision of social assistance. Second, more specific rules regarding the distribution of social assistance by provincial/district/municipal governments have been regulated in each regional regulation and each has different forms and mechanisms for distributing social assistance.

 

Keywords: Legal Policy; Local Government; Social Assistance; Covid-19

access type Open Access

The Protection Of The Law Against Trade Secret Ownership In Indonesia (Case Study of PT. Basuki Pratama Engineering with PT. Hitachi Construction Machinery Indonesia)

Page range: 435-446

Abstract

Abstract: This study aims to analyze the form of legal protection against the ownership of trade secrets in Indonesia and how to resolve trade secret disputes in the boiler machine business. This study was conducted on the principles of law and the rule of law that applies and analyzes its strengths and weaknesses and analyzes the harmonization between these rules and other regulations both vertically and horizontally so that this type of research is a juridical normative research type. The results show that the forms of legal protection against the ownership of trade secrets in Indonesia include, first, the TRIPs and WTO agreements, which are the rules of the world trade organization as a legal reference that contains juridical norms that must be obeyed and implemented in the field of intellectual property rights, especially those that regulate Intellectual Property Rights issues globally. Second, the method of making goods in the form of an agreement is in the form of a method of making goods and includes processing processes, materials, safety procedures, equipment, operating procedures, equipment, and quality control procedures. Third, the transfer of rights and license agreements in this case registration of applications for trade secrets, rights of ownership of trade secrets and/or licenses does not need to go through a registration procedure except for the transfer of rights. Ownership of trade secrets that you want to protect must first be registered with the Directorate General of Intellectual Property Rights.

 

Keywords: Legal Protection; Trade Secrets; Proprietary

access type Open Access

Worker Protection Laws Against Safety Of Health Services During Covid-19 Pandemic

Page range: 447-462

Abstract

Abstract: This study aims to analyze the protection and law enforcement of the safety of medical personnel in health services during the COVID-19 pandemic. The research method used in this research is normative juridical. The approach used in this research is the conceptual approach and the statutory approach. Sources and types of data used are secondary data. Secondary data collection is done by conducting a literature study. The results of the study show that the law enforcement process against the laws and regulations regarding the safety of medical personnel in health services during the COVID-19 pandemic has not been properly enforced so that in its implementation there are many cases of medical personnel who are exposed and died due to COVID-19, so that the rights of the rights of health workers during the pandemic are still neglected and have not been fulfilled. The factors that cause such as: lack of Personal Protective Equipment (PPE) including masks (N95), eye protection, gloves and long gowns (gown), lack of medical personnel, heavy workload, excessive and unbalanced working hours with fixed incentives, inadequate work environment and lack of attention from the central government when medical personnel provide health services. And also in the process of providing incentives and compensation for death, it was found that there were internal obstacles that resulted in the giving process not running in accordance with the established rules.

 

Keywords: Legal Protection; Health Service; Medical Workers Safety; Covid-19

access type Open Access

Investment Regulation and Guarantee in Coastal Area and Small Islands in North Sulawesi Province

Page range: 463-475

Abstract

Abstract: This study aims to analyze the regulation and guarantee in the implementation of investment in coastal areas and small islands by local governments as well as how to supervise and control investment activities in coastal areas and small islands as well as the authority of the Regional Government to stop and revoke the investment permit. The normative legal research method is used to examine in depth the regulation and guarantee of the Regional Government in the implementation of investment in the coastal area of ​​North Sulawesi. In order to obtain data in this study, data collection techniques are needed to obtain primary data and secondary data, both of which will be analyzed. The data collection technique used in this research is literature study. The result of the research shows that the local government is still not optimal in the court of investment activities in the Coastal area of ​​North Sulawesi. As a result of this, investment cases arise. The famous cases of investment in the Coastal Area are the Buyat Bay case or the coastal area pollution case by PT Newmont Minahasa Raya, the iron ore exploration case on the North Minahasa island of Bangka by PT MMP whose case went to the Supreme Court with the Supreme Court decision Number 255 of 2016 which won the community and revoke PT MMP's activities on the island of Bangka. But until now the company has carried out its activities and the community continues to struggle. The third case is PT MSM which, although it has been rejected and dismissed by the North Sulawesi DPRD in 2016 but is still operating until now. In investment activities in coastal areas, from these cases, the government tends to neglect and does not take action to stop the company's activities.

 

Keywords: Arrangement; Guarantee; Investment

access type Open Access

The Urgence of Legal Policy to Fulfill The Constitutional Rights to Employment Social Security for Vulnerable Workers in The National Social Security System

Page range: 476-494

Abstract

Abstract: The problems studied in this thesis are regarding legal policy from the point of view of the prevailing regulations in indonesia, especially those relating to the fulfillment of constitutional rights. Employment social security for workers and the urgency of fulfillment of social security rights for workers of vulnerable groups who are unable to pay contributions. The research method used is juridical-normative research using an approach that synchronizes the applicable legal provisions in the legal protection of norms or other legal regulations with their relation to the application of legal regulations in practice in the field. The result of the study is that there is a conflict between article 14 paragraph (1) of uu. No. 40 of 2004 concerning the national social security system and the mandate of the 1945 constitution. Social security only targets workers who are wage earners and those who are able to pay contributions, but vulnerable workers are not protected under the social security.

 

Keywords: Urgency; social security; vulnerable workers.