Journal & Issues
- Journal Details
- Format
- Journal
- eISSN
- 2620-9837
- Published
- 22/04/2024
- Languages
- English
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Open Access
Kepastian Hukum Pelaksanaan Putusan Verstek Terkait Wanprestasi Perjanjian Kredit Perbankan Terhadap Debitor yang Tidak Diketahui Keberadaannya
Abstract
This research analyzes the regulation of the implementation of the execution of verstek decisions related to defaults in banking credit agreements and the legal certainty of the implementation of the execution of verstek decisions related to defaults in banking credit agreements against debtors whose whereabouts are unknown. The research concludes that in regulating the execution of verstek decisions related to defaults in banking credit agreements, it is important to have a credit agreement in the form of an Authentic Deed made by a Notary and Creditors must be careful in submitting collateral seizure applications. Execution can be carried out if the debtor does not comply with the court's decision after being given a warning for 8 days. However, during the execution, if the debtor's whereabouts are unknown and the assets have been transferred to another party, the execution cannot be continued, which provides legal uncertainty for Creditors.
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Open Access
Perlindungan Hukum Bagi Anak Yang Dijadikan Kurir Tindak Pidana Narkotika
Abstract
Children have an important role in social and state life, because of their position as the nation's successors. Therefore, children have the potential to play an active role in preserving the life of the nation, in order to realize the goal of establishing a government that protects citizens. Narcotics abuse by children is currently a concern for many people and is continuously discussed and publicized. In fact, the problem of narcotics abuse is of concern to various groups, especially the involvement of children as narcotics couriers, which is a series of evil conspiracy to carry out illegal narcotics distribution. In the capacity of a child being used as a courier, it is a very worrying thing where the child will face the law and be classified as having committed a narcotics crime. With children's limited abilities and imperfections, it is necessary to pay attention to law enforcement officials in implementing punishment for children who are perpetrators of narcotics crimes. This research is normative legal research with a statutory approach, analytical approach. The type of data used is secondary data: Law Number 35 of 2009 concerning Narcotics, Law Number 35 of 2014 Amendment to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Criminal Code, while secondary legal materials are obtained from law books and other literature, tertiary legal materials are in the form of dictionaries.
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Open Access
Perlindungan Hukum Justice Collaborator Dalam Perspektif Pembaruan Hukum Acara Pidana Indonesia
Abstract
The purpose of this article is to know the legal regulations regarding justice collaborator and to analyze legal future regulations regarding justice collaborator. The problem formulation in this article is What are the legal regulations for justice collaborator and What will be the justice regulations for justice collaborator in the future. Based on statuory regulations, the results of this article are related to the regulations of criminal code procedure reform; Surat Edaran Mahkamah Agung Number 4 of 2011 about reporter, whistleblower and justice collaborator; Undang-Undang Nomor 31 Tahun 2014 Perubahan atas Undang-Undang Nomor 13 Tahun 2006 about witness and victim protection. Currently, justice collaborator doesn’t have special space in criminal code procedure, where Surat Edaran Mahkamah Agung Number 4 of 2011 about reporter, whistleblower and justice collaborator; Undang-Undang Nomor 31 Tahun 2014 Perubahan atas Undang-Undang Nomor 13 Tahun 2006 about witness and victim protection not enough to explain about justice collaborator in detail and clearly. Then justice collaborator need special place in criminal code procedure reform. So, the regulation of justice collaborator cant make multiple interpretations. Where law enforcement can have one though and justice collaborator is guaranteed.
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Open Access
KAJIAN YURIDIS PENGELOLAAN KEUANGAN DAERAH BERDASARKAN PERATURAN PEMERINTAH NOMOR 12 TAHUN 2019
Abstract
This research was carried out with the aim of reviewing and analyzing regional financial management arrangements based on transparency and accountability and to analyze implementation as transparency and accountability in regional financial management in North Sulawesi. The method used in this research is a normative legal research method which uses a statutory and regulatory approach to examine regulations for transparency and accountability in regional financial management and empirical methods to determine implementation as transparency and accountability in regional financial management. The research results show that regulating transparency and accountability in regional financial management is very important for providing General Principles of Good Governance. The principles of transparency and accountability are regulated in Law No. 23 of 2014 concerning Regional Government which is further regulated in PP no. 12 of 2019 concerning Regional Financial Management. Based on the Principle of Transparency, it guarantees access or freedom for everyone to obtain information about the implementation of regional financial management. Accountability is one of the prerequisites for implementing the process of implementing good governance. Accountability is generally associated with the process of accountability for a series of services provided or that have been carried out. Accountability Refers to a person's responsibility to parties who have the right to ask for accountability, especially regarding regional financial management.
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Open Access
PENGETAHUAN MAHASISWA FH UKI ANGKATAN 2023 TERHADAP PENYERAHAN DAN PENGAKSESAN PASSWORD PONSEL TANPA IZIN
Abstract
This article analyzes the knowledge of UKI Law Faculty students Class of 2023 regarding the protection of personal data, especially regarding the act of handing over passwords and accessing cellphones without permission. The aim is for FH students to become prospective legal professionals who will play an important role in ensuring compliance with the law and protecting individual rights. The method used is empirical juridical with a qualitative approach. Findings from the results of distributing questionnaires to 100 students showed that 56% of students were aware of the existence of the Personal Data Protection Law and/or had read and studied the contents of the Personal Data Protection Law, but 99% of students were aware that Personal Data is the right of every living creature. , and must be protected, while 30% have, whether intentionally or not, violated other people's privacy rights in the form of content or other information and 25% of students have had their rights harmed by individuals who have violated human rights in protecting personal data. UKI FH students must know that the protection of personal rights is an inseparable part of the law. Knowledge and understanding of personal data protection will be able to prepare them to handle the challenges of personal data protection legal issues in the future.
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Open Access
PEMBATALAN PERJANJIAN PERDAMAIAN (HOMOLOGASI) SEBAGAI UPAYA HUKUM BAGI KREDITOR TERHADAP DEBITOR YANG LALAI MEMENUHI ISI PERJANJIAN PERDAMAIAN
Abstract
Permohonan Penundaan Kewajiban Pembayaran Utang (PKPU) dapat dikabulkan apabila telah memenuhi syarat-syarat yang telah ditentukan dalam Pasal 224 ayat (1), Pasal 222 ayat (1) dan ayat (3), serta Pasal 8 ayat (4) Undang-undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang (UUK-PKPU). Apabila dikabulkan, menurut ketentuan Pasal 225 ayat (3) UUK-PKPU, maka Pengadilan menunjuk Hakim Pengawas dan mengangkat 1 (satu) atau lebih pengurus yang bersama Debitor untuk mengurus harta Debitor. Dengan dikabulkannya PKPU, Debitor dapat mengusulkan rencana perdamaian kepada para Kreditornya dan nantinya jika dimengerti dan dipahami para Kreditornya akan menyetujui rencana perdamaian yang diajukan dan apabila Pengadilan tidak menemukan adanya alasan-alasan untuk menolak Pengesahan Perdamaian dan Pengadilan wajib mengesahkan perdamaian tersebut sebagaimana yang diatur dalam Pasal 285 ayat (2) dan Pasal 285 ayat (1) UUK-PKPU. Seiring berjalannya waktu, perjanjian perdamaian yang telah dihomologasi tersebut dimungkinkan Debitor dapat lalai memenuhi isi perjanjian perdamaian, sehingga kreditor dapat mengajukan pembatalan perjanjian perdamaian yang telah dihomologasi kepada Pengadilan Niaga
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Open Access
Objectivity of Morality (Value)
Abstract
Ronald Dworkin refers to moral standards in law as legal principles. The inclusion of principles as inherent in law raises two problems. First, the problem of the objectivity of legal decisions: how to justify or account for a judge's decision based on moral values? Is a decision based on moral values right or wrong? If the decision is based on morality, then it is possible that the decision taken will be biased by the judge's own subjective judgment, then how to get objectivity? The issue of the objectivity of morality judgment occupies a central position in Dworkin's legal theory. He believes that there is one correct answer for almost all legal issues without having to refer to elements outside of himself (non-legal elements). If moral judgment is "subjective" then the thesis about one correct answer cannot be defended. Second, Dworkin's opinion that moral values are objective-which means that demands on these values are also objective-contains another problem, namely a moral dilemma resulting from a conflict between values. To answer this problem, Dworkin developed the notion of a unified value.
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Open Access
PENEGAKKAN HUKUM UNTUK PENGELOLAAN SAMPAH DI KOTA BEKASI
Abstract
Waste management is currently still an unresolved problem. This research aims to examine problems in waste management in Bekasi City. This research is doctrinal/normative legal research with a statutory approach. Data was collected by literature study, then analyzed qualitatively. There are several laws and regulations that have a correlation with waste management in Indonesia, namely Law No. 18 of 2008 concerning Waste Management, Law no. 32 of 2009 concerning Environmental Protection and Management and several other laws. Law enforcement in waste management refers to 3 legal systems which are a combination of components, namely structure, substance and culture. Apart from that, related to law enforcement in waste management, it can be studied from 2 sides, namely preventive and repressive law enforcement. Law enforcement in waste management is also an embodiment of the government and local governments in implementing the principles of Good Environmental Governance with the aim of raising public awareness of a good and healthy environment.
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Open Access
Kesadaran Urgensi Peran Pengendali dan Prosesor Data Pribadi dalam Rangka Pelindungan Data Pribadi Individu Berdasarkan Undang-Undang Nomor 27 Tahun 2022 Tentang Pelindungan Data Pribadi
Abstract
The scope of interactions or activities carried out by individuals electronically through systems such as electronic media and so on has expanded to various fields, such as trade, transportation, finance, and government, and includes the collection, processing, transmission and production of data quickly and effectively, including in this case, personal data. Personal data is a part or element of privacy, which is a human right, namely the right to be let alone. However, from the wide scope of these interactions, even though there are specific and comprehensive legal arrangements related to the protection of personal data in the PDP Law, especially in terms of the role of personal data controllers and processors, there are still often problems related to violations of personal data in the form of, among others, data leaks, unauthorized access and the like. These problems are caused, among other things, by a lack of awareness of the urgency or importance of the role of personal data controller and processor. Therefore, this study aims to determine the relationship between awareness of the urgency of the role of personal data controllers and processors with efforts to protect individual personal data and examples of implementation and uses normative juridical research methods with analytical descriptive specifications. The results of the research show that the existence of awareness of the urgency of the role as controller and processor of personal data based on the PDP Law can result in good legal implementation, as well as create effective personal data protection efforts and create legal certainty. In addition, legal awareness can be raised through legal counseling by legal aid providers.
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Open Access
Perkembangan Pengaturan Peralihan Hak Atas Tanah Melalui Jual Beli
Abstract
Abstrak: Pelaksanaan jual beli tanah yang didasarkan pada ketentuan hukum adat dilakukan berdasarkan asas terang dan tunai, pada prinsipnya setelah ada kata sepakai antara penjual dan pembeli di hadapan kepala desa dan dilakukan pembayaran uang pembelian secara tunai maka jual beli tanah telah berlangsung dan Hak Atas Tanah telah beralihan dari Penjual kepada Pembeli. Dalam perkembangannya, jual beli tanah harus memenuhi sejumlah persyaratan dokumen dan pembayaran pajak serta dilakukan dengan membuat dan menandatangani Akta Jual Beli di hadapan Pejabat Pembuat Akta Tanah yang berwenang di wilayah kerja tempat tanah berada.
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Open Access
SURAT PERNYATAAN KERELAAN DARI JANDA DALAM PERISTIWA TURUN WARIS TERHADAP HARTA BAWAAN PEWARIS
Abstract
Based on the research results, it can be concluded that (1) the Sleman and Bantul Regency Land Offices use customary law as the basis for making regulations regarding the inheritance process because they are based on custom. The Sleman and Bantul Regency Land Offices require a statement of willingness from the widow not to receive her share of inheritance in the inheritance process. The absence of this letter of willingness can cause the inheritance process to not be carried out. (2) The position of the widow's statement of willingness not to receive a share of the inheritance in terms of Islamic inheritance law is contrary to the legal basis of the ijbari principle and the individual principle. However, if the widow agrees not to receive a share of the heir's inheritance then this refers to a peace or elimination of disputes which can be called Ishlah.