District Court Decision Research Articles

The Effectiveness of Inheritance Dispute Resolution Seen from Medan District Court Decision Number 43/pdt. G/2020/PN Mdn

This journal contains the effectiveness of inheritance dispute resolution based on the view of civil law, if talking about inheritance law, there will be 3 types of inheritance law that are often used in Indonesia, but in this journal the discussion will focus on dispute resolution through civil court. This journal takes Medan District Court Decision Number 43/pdt. G/2020/PN Mdn about a mother who sued her child for improper distribution of inheritance, in this journal also discussed the specific effectiveness of the settlement and the rights of adopted children in cases of inheritance disputes, in this journal also contains laws and articles in the Civil Code that can help readers understand the regulations regarding civil inheritance law.

Land Deed Officials Responsibility for Sale and Purchase Deeds That Made Unlawfully (Review Decision of Wonogiri State Court Number 13/PDT.G/2021/PN Wng)

This study aims to discusses the Land Deed Officials (PPAT) which has the authority to issue/ issue authentic deeds for the parties, especially in the process of transferring land rights through buying and selling, where authentic deeds have perfect evidentiary power. However, in the case that the authors discuss below, there is an abuse of authority in carrying out their duties as a PPAT. The PPAT in carrying out its duties in the form of making authentic deeds must be carried out carefully and thoroughly. The responsibility of the PPAT for the cancellation of the sale and purchase deed due to an unlawful act in the Wonogiri District Court Decision Number 13/PDT.G/2021/PN Wng., in the decision it is explained that the PPAT has violated the law as a result of not fulfilling the legal terms of the agreement in Article 1320 of the Civil Code. This type of research is normative juridical, using qualitative data analysis methods, while to examine legal problems, primary legal materials, secondary legal materials, and tertiary legal materials are used, which are then analyzed descriptively analytically.The consequence of a sale and purchase deed that is null and void because it contains legal defects is that the AJB is considered to be null and void or has never existed so that all legal actions related to the AJB are null and void and have no legal force.

RESPONSIBILITY OF A LAND DEED OFFICIAL IN A MERGER LAWSUITS FOR TORT AND DEFAULT (DECISION STUDY: 217/PDT.G/2017/PN.MLG)

The judges legal consideration in combining tort and default claims is justified. In District Court Decision Number 217/Pdt.g/2017/PN.Mlg stated that Defendant I had been proven to have committed an act of default for not paying off the dependents on the payment for the sale and purchase of land and buildings, and Defendant II had been proven to have committed an torfOnrecht for making and using notarial sale and purchase agreement in violation of the law, so that it caused losses to the Plaintiff.The research method used is normative juridical, using secondary data from library research. The panel of judges in accepting the merger of tort and default lawsuits was carried out by analyzing whether the two lawsuits were closely related. So if the two lawsuits have a close relationship between one and the other lawsuit, then the merger lawsuit can be justified, where the merger of the lawsuit can create a simple, fast and light cost court, and can avoid conflicting decisions.

IMPLEMENTASI SISTEM PEMIDANAAN DUA JALUR (DOUBLE TRACK SYSTEM) BAGI PELAKU PENYALAHGUNA NARKOTIKA

The main discussion of this study is related to the application of punishment for narcotics abusers who are considered inappropriate. The main problem in this research is related to the implementation of the double track system as an effort to reduce overcrowding in Correctional Institutions, as well as to analyze the considerations of the panel of judges who tend to ignore the double track system and prefer to apply sanctions. imprisonment, as in the Decision of the Tanjung Balai Karimun District Court Number: 119/Pid.Sus/2021/PN Tbk and the Metro District Court Decision Number: 70/Pid.Sus/2021/PN Met. This research method is included in the form of normative juridical research which originates from secondary data and is supported by primary data. The results of this study conclude that placing narcotics abusers in Correctional Institutions actually exacerbates overcrowding which has now reached 109% (one hundred and nine percent). This is what then needs to build a paradigm of stopping criminalization or by decriminalizing narcotics abusers. The concept of decriminalization in question is by implementing a double track system of punishment, as another form of sanction apart from criminal sanctions, such as Portugal and Thailand which have previously implemented this criminal system and have proven successful in reducing overcrowding. This is what then needs to build a paradigm of stopping criminalization or by decriminalizing narcotics abusers. The concept of decriminalization in question is by implementing a double track system of punishment, as another form of sanction apart from criminal sanctions, such as Portugal and Thailand which have previously implemented this criminal system and have proven successful in reducing overcrowding. This is what then needs to build a paradigm of stopping criminalization or by decriminalizing narcotics abusers.

Organ Transplant Agreement from Donor to Kidney Failure Receptor as Stated in Notarial Deed (Case Study: Central Jakarta District Court Decision Number: 587/Pid.B/2019/Pn.Jkt.Pst)

Health is one of the basic human needs, in addition to clothing, food and shelter. Without a healthy life, human life becomes meaningless, because with illness, humans may not be able to carry out daily activities properly. The purpose of this study is to review and analyze the procedures and mechanisms of human organ transplantation until it is stated in a notary deed. In this writing, the research method that the author uses is the normative legal research method. Regulation on organ transplantation in Indonesia is regulated in Law Number 36 of 2009 concerning Health in Articles 64-65 concerning organ transplantation. In terms of reducing the illegal trafficking or buying and selling of human organs and to legalize human organ donation, an authentic deed authorized by a notary is required. The kidney transplant agreement in question has no legal force. In other words, a contract without a legal cause would be null and void.

Notary Responsibilities for Making Deeds Based on False Statements (Case Study of Decision Number: 782/PDT.G/2020/PN JKT.SEL)

Notaries are public officials (openbare ambtenaren) appointed by the Ministry of Law and Human Rights (KEMENKUMHAM) who have the authority to make authentic deeds. The notary deed clearly explains the rights and obligations of the parties so that the notary deed becomes the strongest and most complete means of evidence because it can prove the truth of its contents compared to a deed made privately. If a Notary as a public official is proven to have made a mistake in the deed they made, then as a result of their actions they can be held accountable both criminally and civilly if it causes a loss. In the case of the South Jakarta District Court decision number 782/PDT.G/2020/PN JKT.SEL a Notary in Tangerang was involved in a civil case of unlawful acts that resulted in the deed’s cancellation. A notary deed that is canceled by a court decision does not mean the result of a notary's mistake in making the deed, but can also be caused by an error or negligence on the part of the parties resulting in a lawsuit because the notary has made the deed in accordance with the regulations. The notary as a public official has the right to refuse not to notify the contents of the deed in accordance with the oath of office they uttered and taking the minutes of the deed and calling the notary must go through the approval of Notary Honorary Council as an institution that has the authority to carry out guidance and supervision of the notary and the existence of the right of refusal. become a form of legal protection for Notaries when carrying out their duties. This study uses normative legal research methods, by analyzing court decisions as the primary legal.

Consider implications of recent district court decision regarding intersection of esports and Title IX

A Florida district court judge recently ruled that competitive video gaming, known as esports, actually isn’t a sport for the purposes of Title IX. And because of his Feb. 17, 2023 finding, Judge Carlos Mendoza of the U.S. District Court, Middle District of Florida, Orlando Division, ordered the Florida Institute of Technology to return its men's rowing team to the status of a varsity sport.

Child Trafficking Offence: Case Study of Surabaya District Court Decision No. 685/PID.SUS/2022/PN SBY

The emergence of various forms of manipulation and exploitation has resulted in rampant trafficking in persons, in which children are also trafficked. Basically, children as the next generation of the nation have a role in ensuring the continuity of the nation. Therefore, children need to get ample opportunities to grow and develop. This study was conducted with the aim of describing how legal protection of children as victims of trafficking in persons. The research method used in this study is normative legal research which is studied using a statutory approach (statute approach). The results of this study show that children are very vulnerable to becoming victims of child trafficking for the purpose of exploitation. The law relating to child trafficking has been in force and has binding legal force, but its enforcement has not been sufficient to provide a deterrent effect for perpetrators. In this case, children as victims should get legal protection which includes protection of their dignity, dignity, and fulfillment of their rights. However, in the criminal justice system, victims are often given less attention, in reality Indonesian law only focuses on punishing perpetrators and overrides the rights and protection of victims.
 
 Keywords: Child Trafficking.Exploitation. Legal Protection

Pertanggungjawaban Ayah Terhadap Anak Kandung Sebagai Kewajiban Hukum Dalam Lingkup Rumah Tangga Berdasarkan Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

Every husband/father in the household is prohibited from abandoning people within the scope of his family as stipulated in Article 9 paragraph (1) of the Law on the Elimination of Domestic Violence. Husband/father or because of approval or agreement, providing life, care, or maintenance to these biological children is obligatory. In positive law, a father is obliged to provide maintenance for his child. The issues raised are regarding 1) The responsibility of a father towards his biological children in terms of positive law; and 2) The legal considerations of the panel of judges regarding the responsibility of fathers towards their biological children; case studies of court decisions regarding child neglect. This research is juridical-normative research that is descriptive-analytical with a statutory approach. The study uses secondary data from the Medan District Court Decision collected by field study techniques at the Medan District Court Registrar's Office. Data analysis used qualitative data analysis methods. Results of the study: From the point of view of marriage law, the limits on the obligations and responsibilities of parents (including fathers) towards their biological children can be seen in Article 45 paragraph (2) of the Marriage Law. In implementing sentencing objectives, not all judges can explore the actual legal facts in a case. It is recommended that law enforcement officials in handling cases of criminal acts of child protection and domestic violence prioritize the best interests of the child.

Interfaith Marriage in Indonesia: The Controversy between MUI Fatwa and Surabaya District Court Decision

This article is motivated by the issue of the Surabaya District Court's decision to legalize interfaith marriage. This issue has garnered a lot of opinions and criticism because it is considered to be not in line with the MUI fatwa that has been established. Therefore, the focus of this study is firstly on the legal basis of the MUI in establishing interfaith marriage, secondly on the considerations of the Surabaya District Court judge in deciding on interfaith marriage, and lastly on the legality of interfaith marriage in law and human rights. Using a sociological and normative approach, it can be concluded that the Surabaya District Court decision was rejected by various groups, especially the MUI, which was deemed to be no longer in line with the fatwa that had been established since long ago. Regarding this issue, the MUI will hold a meeting with the legal commission to discuss this issue. Nevertheless, the Surabaya District Court remains on the decision they issued because they have a basis for the decision. This study obtained data sources from secondary data by processing data from primary legal materials and secondary legal materials in the form of laws, civil procedure law books, and opinions of legal experts and theses. The results of this study are that interfaith marriage is recognized by state law if it is recorded in civil registration, as stipulated in Article 37 of the Population Administration Law, but it is not valid according to religion.

Mekanisme Jalannya Mediasi Penyelesaian Sengketa Tanah di Pengadilan Negeri Semarapura (Studi Kasus Putusan Pengadilan Negeri Semarapura Nomor 53/Pdt.G/2022/PN Srp)

Land dispute settlement mechanisms are classified as civil settlements. To overcome the accumulation of case files, the Supreme Court has issued Supreme Court Regulation Number 1 of 2016 concerning Mediation in Courts or commonly known as Judicial Mediation. Around 36,771 court decisions were recorded on land cases that were handled through litigation, this shows the high number of disputes that questioned land as an object. There were 166 appealed decisions to the High Court with details of 4 granted, 6 annulled, 68 upheld, 1 level I court decision which was unacceptable and 87 decisions entered into other records. These records are only reports in a district court in Denpasar, at the overall level of course the figure will be many times higher. Land Dispute Settlement Mechanism at the Semarapura District Court (Case Study of Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp)”. The objectives to be achieved are: 1. to add to the knowledge or insight of students, both readers and writers and all academics regarding the mechanisms for resolving land disputes at the Semarapura District Court (case study of Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp) . to find out the legal basis and aspects of resolving inherited land disputes at the Semarapura District Court (case study of Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp). The research method used is empirical juridical research method, namely research based on primary data as the main data source and secondary data as a complement. An interesting problem is to further analyze the success of the mediation process in the Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp) in accommodating the interests of the parties, so that even though it failed at least mediation played a role in helping to fulfill the elements of a consensus settlement which is national identity.

Putusan Pemidanaan dalam Perkara Tindak Pidana Membantu Menyediakan Pornografi Anak: Studi Putusan PN Bandung

Pornography is an act that causes anxiety and concern for the community. Viewing pornographic videos is increasingly accessible, both through print and electronic media. The development of media with pornographic elements has increased the existence of pornographic crimes among the public. The definition of a pornographic crime is an immoral act related to sex in the form of a picture, sketch, photograph, writing, video or through other media shown in public which violates the norms of decency in society. This study aims to, firstly, analyze the suitability of the Bandung District Court's decision number 517/Pid.Sus/2018/Pn.Bdg regarding the crime of assisting in providing child pornography based on trial facts. Second, analyzing the imposition of weighting for criminal law subjects that are specific in nature. This research method uses normative juridical research methods with statutory and conceptual approaches. The conclusions obtained are, firstly the Judge in his ruling stated that the defendants were proven guilty of committing the crime of helping to provide child pornography which was not in accordance with the facts of the trial as seen from the testimony of witnesses and the testimony of the defendant and in that decision the victim was a child so the actions of the defendants were more in line with the crime allowing children to commit obscene acts, therefore the punishment is heavier than the Pornography Law. Second, the Pornography Law does not regulate the burden of criminal penalties for special criminal law subjects such as those closest to the victim. When compared with the Child Protection Act, this regulates criminal sanctions for legal subjects of special criminal offenses with an additional 1/3 (one third) of the threat of the article. So the punishment for those closest to the child is more severe than for other people who are not the closest person to the child victim.

Legal Certainty of the Deed of Grant of the Will Whose Object is Sold by the Grantor of the Will to Another Party

This writing was motivated by the Surabaya District Court Decision Number 1270/Pdt.G/2021/PN.Sby whose case was regarding the Deed of Sale and Purchase which the object of sale and purchase had been made as an object of a testamentary grant and had been included in the Testament Grant Deed Number 119. The implementation of the sale and purchase is carried out using a Power of Attorney to Sell where the Seller is an elderly woman who is 78 years old and suffers from memory impairment that also known as dementia, so the Seller does not remember that she had made a transaction buying and selling of land that has been given as a testamentary grant. The seller signs the Power of Attorney to Sell without the consent of hes heirs and the sale and purchase was carried out without the knowledge of the seller's family. This writing was written using normative research methods by collecting legal materials regarding testamentary grants and linking Decision Number 1270/Pdt.G/2021/PN.Sby with applicable laws and regulations, and with literature studies in the form of articles that relating to testamentary grants. The conclusion that can be drawn from this research is that the panel of judges has been unwise in carrying out legal considerations in Decision Number 1270/Pdt.G/2021/PN.Sby and the Notary who made the Power of Attorney to Sell must apply the precautionary principle so there will be no dispute over the object of sale and purchase in the future.

Legal Protection of Well-Known Brands in Different Classes of Goods Case Study of Starbuck Corporation (Analysis of District Court Decision No: 51/Pdt.Sus/Merek/2021/PN Niaga Jkt.Pst Juncto Supreme Court Decision Number 836 K/Pdt.Sus-HKI/2022)

Mark is a part of Intellectual Property Rights (HKI) which functions as a differentiator between one product and another, and a sign to identify the origin of goods and services. Not infrequently there are parties who have bad intentions to find shortcuts to success by piggybacking on the reputation (passing 0ff) of a well-known brand. Even though this has been regulated in Indonesia, it cannot be separated from the problem of infringement of trademark rights which has led to disputes in court, one of which is a trademark dispute between STARBUCKS CORPORATION and PT. SUMATERA TOBACCO TRADING COMPANY. The purpose of this study is to find out the regulation of trademarks and geographical indications governing well-known brands, how is the legal protection of well-known brands when there are registrations of other brands which have divisions into different classes, and how is the legal protection of the Starbuck brand, which has similarities in principle to the Starbuck brand registered in a different class, case study of District Court decision No: 51/Pdt.Sus/Merek/2021/PN Niaga Jkt.Pst Juncto Supreme Court decision No: 836K/Pdt.Sus-HKI/2022. The approach used is a normative juridical approach, and is descriptive in nature with secondary data sources which include primary, secondary and tertiary legal materials. The technique used in library research uses qualitative methods. The results of the study found that the lawsuit between the Plaintiff's Starbucks brand and the Defendant's Starbucks brand had similarities in principle. The researcher is of the opinion that the panel of judges is right in giving their legal considerations, namely there are similarities, similarities in the form of arrangement and number of letters, as well as the similarity in sound and assessment of the Plaintiff's Starbucks brand with the Defendant's Starbucks brand.

Tinjauan Yuridis Pelindungan Hukum Bagi Pemilik Merek Dikaitkan Dengan Implementasi Asas Contante Justitie Dalam Penyelesaian Perkara Pidana Merek di Indonesia

The process of resolving brand criminal cases in court still refers to the principles of good justice, including the principle of contante justitie (simple, fast, and low cost). In practice, brand criminal cases were found that did not perfectly implement the principle of contante justitie for example the case of counterfeiting the Cressida and Damor brands which was decided by way of Central Jakarta District Court Decision Number 1778/Pid.B/2011/PN.JKT.Pst. The implementation of the contante justitie principle in the process of resolving trademark criminal cases is not optimal so that legal protection for brand owners who experience violations of trademark rights is difficult to obtain legal certainty. This condition occurs because there are obstacles both in terms of positive law which have not optimally regulated the settlement of criminal cases, especially brands and parties who are less cooperative in carrying out the case settlement process and trial agenda.

Analysis of Criminal Crime Responsibility Against Perpetrators of Banking Corruption Crimes

Introduction: The Banks as service providers need to provide maximum service to their customers and protect them from third parties trying to take over part or all of the customers' deposits and trust in the bank. Therefore, banks should regulate and establish procedures and mechanisms for the protection and provide solutions in the event of an action or activity that is detrimental to the customerPurposes of the Research: Based on the background of the problems described above, it can be formulated the problems that the writer will examine, namely: 1). How is the Criminal Accountability Against the Perpetrators of Banking Corruption Crimes in the City of Jambi? 2). What is the Basis of Consideration of the Panel of Judges to decide on the perpetrators of Banking Corruption Crimes (Case Study of District Court Orders No: 04/ Pid.Sus -TPK/2016/PN. Jmb)Methods of the Research: The research method used was normative research. Based on the results of this study, it was concluded that banking crimes are a canteen of crimes that occur within the scope of banking. The complexity of these crimes causes the prosecution of perpetrators of these crimes to apply the Corruption Crime Act.Results of the Research: The results show that or the findings of this study prove that the basis for the judge's decision for the perpetrators of criminal acts in the District Court decisions are aggravating and mitigating matters as stated in the decision.

Legal Sanctions Against Perpetrators Criminal Persecution That Resulted Serious Injury (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn)

Criminal acts of persecution it is a form of action that can harm others that is against the physical. One of them that can cause serious injury or it can even cause loss of life somebody.The act occurred the factors include less public behavior well controlled due to low level of education and environmental influences, less Association good that eventually resulted disputes both personal and groups. Problems that appointed in this study are how is the application of criminal law against the crime of persecution this resulted in severe injuries in The Samarinda District Court and what to consider judge's decision to drop verdict against criminal acts the resulting persecution serious injuries in court (Case Study Medan District Court Decision No. 000/ Pid.Sus/2022/Pn.Mdn

Analisis Putusan Pengadilan Negeri Baturaja Dalam Perkara Tindak Pidana Pencurian Studi Kasus Nomor: 333/Pid.B/2020/PN BTA terhadap Peraturan Mahkamah Agung Nomor 02 Tahun 2012

The issue of criminal law is widely discussed and in the spotlight, the public in general considers that it is very unfair if these minor cases threaten the punishment is not proportional to the value of the goods stolen by the perpetrator. So that the petty theft crime should be threatened with Article 364 of the Criminal Code which is guided by Supreme Court Regulation No.2 of 2012 must be applied with Article 362 of the Criminal Code. The reason why the judge did not use Article 364 of the Criminal Code and Supreme Court Regulation No.2 of 2012 was because in this case there was a repeat of the criminal act. The problem in this journal is the result of the Baturaja District Court's decision on theft cases with a light loss value. The research of this journal is Empirical legal research, which was initially researched as secondary data and then continued with research on primary data in the field. Meanwhile , The Supreme Court Regulation is a statutory regulation issued by the Chief Justice on judicial technical issues, especially in filling legal vacancies or against the enactment of an Act for which there has never been an organic regulation, whose structure resembles the structure of the composition of the Act that through the consideration of the judge at the Baturaja District court who examines and decides this case Article 364 of the Criminal Code cannot be applied with a speedy examination event guided by Supreme Court Regulation No. 2 of 2012 because the act committed by the perpetrator is a repeat of a criminal act, although in Supreme Court Regulation No.2 of 2012 there is no mention of exceptions to the act of repetition of a criminal act, but expressly it is regulated in the Memorandum of Understanding on the Implementation of the Application of the Prudential Limits on Minor Crimes and the Amount of Fines and the Application of Restorative Justice. So that the sentence of imprisonment for 1 year and 8 months is considered appropriate to be imposed on the perpetrator, even though from the perpetrator's side the verdict has not met the sense of justice.

Notary Responsibility for Legal Smuggling in the Issuance of Absolute Deed of Power of Attorney for Sale and Purchase of Land

<em>This paper analyses the Notary's Responsibility for Legal Smuggling Acts in the Issuance of Absolute Power of Attorney for The Sale and Purchase of Land. In analysis used juridical-normative legal research methods. The data were collected through literature studies and analyzed qualitatively. This study concluded that in the case of the Batulicin District Court Decision Number 06/Pdt.G/2018/PN Bln, a notary named Pang Andreas Pangestu committed an unlawful act because he issued a Deed of Power of Attorney, which was categorized as an Absolute Power of Attorney containing the clauses referred to in the Instruction of the Minister of Home Affairs Number 14 of 1982, which was a form of legal smuggling to avoid obligations and prohibitions that had been regulated in legislation. Therefore, the Power of Attorney Deed was annulled. The Notary, in his position as a PPAT in doing the deed, is burdened with his responsibility. Such duties include criminal, civil and administrative liability. In this case, the Notary can be subject to civil commitment, which is punished with compensation of Rp 1,500,000,000 (one billion five hundred million rupiah) due to unlawful acts committed by him and can be subject to administrative responsibility also because the Notary committed violations in the UUJN, especially Article 16 paragraph 1 letter a.</em>

공공기관이 보유하는 저작물의 자유이용에 관한 연구

The Copyright Act has regulations on the free use of public works that guarantee the free use of public works by limiting the copyright of works produced with the government’s budget. According to the relevant regulations, the copyright of public works of the state or local governments is restricted, and the copyright of public works of public institutions under the Act on the Management of Public Institution is not restricted, but need to follow to government policies. As part of the policies, KOGL is being implemented to indicate the scope of free use and permission to use public works. Recently, a copyright infringement occurred due to an error in the application of KOGL. The case only dealt with whether the user infringed the copyright, but cases of misrepresenting the scope of the license due to a mistake of a public institution may continue to occur, and it could cause reliability problems for the actions of public institutions. On the other hand, the Act On Promotion Of The Provision And Use Of Public Data(‘Public Data Act’) regulates the provision and use of public data, which is a concept overlapping public works, and there is a concern about inconsistency with the free use system of public works under Copyright Act. In this background, this paper reviews the Seoul Central District Court's decision on April 9, 2021, compares and analyzes the free use of public works under the Copyright Act and the Public Data Act, and suggests implications and improvement.