Juridical Review Research Articles

JURIDICAL REVIEW OF THE TRANSFER OF LAND OWNERSHIP RIGHTS THAT ARE TRADED BY PLOT IN SUMBAWA REGENCY

The research entitled "Juridical Review of Transfer of Land Ownership Rights in Kapling in Sumbawa Regency" aims to find out the process of transferring land ownership rights that are traded in kapling at the Sumbawa district land office, to find out the legal certainty of ownership of land plots that are traded in Sumbawa district. The approach methods in this research are Normative and Empirical, the normative approach is a document study, and Empirical research is one type of legal research that analyzes and examines the operation of law in society. The results of this study conclude that the registration of transfer of rights to land plots is held at the National Land Agency (BPN Sumbawa Regency) while the process of buying and selling land plots itself is held before a Notary / PPAT to obtain an authentic deed. and the process of transferring ownership rights to land plots that are traded, which includes using PPAT services, checking certificates to BPN, submitting proof of payment of SPPT PBB, submitting seller and buyer documents, signing the sale and purchase deed. The process of selling and buying before a Notary / PPAT is clear that there is legal security for the land plot being traded and gets legal protection in the event of a problem / dispute. Meanwhile, if the process of buying and selling land plots is carried out under the hand, then the lack of witnesses in the transaction process takes place because it is not through the presence of a Notary / PPAT.

Tinjauan Yuridis Jual Beli Tanah Warisan Tanpa Sepengetahuan Ahli Waris Yang Lain dalam Kitab Undang-Undang Hukum Perdata (Studi Kasus Putusan Nomor 10/Pdt.G/2019/PN Lbt)

This research discusses the juridical review of the sale and purchase of inherited land without the knowledge of other heirs in the civil law code. This research method uses normative legal research methods, namely library research methods. The results of this study indicate that the transfer of land rights through sale and purchase or inheritance and other legal events are in accordance with applicable regulations, namely the Basic Agrarian Law and Government Regulation No. 24 of 1997 to create legal certainty and justice for severe parties, all legal acts or legal events need to be contained in an authentic deed made before a Notary / PPAT and registered with the land office so that the legal act is valid and has legal force in order to avoid legal problems and disputes, as well as an analysis of the basis for the judge's consideration in Decision Number 10/PDT. G/2019/PN LBT the plaintiff's lawsuit was declared unacceptable or rejected because the main petitum of the lawsuit was rejected, the next petitum was also rejected because it was assessor / following the granting of the main petitum of the lawsuit regarding the unlawful act of the defendants was declared unacceptable.

Tinjauan Yuridis Akibat Hukum Perceraian dalam Memperoleh Hak Asuh Anak dalam Perkawinan di Bawah Tangan

Marriage is a legal relationship in society which is an inner bond between a man and a woman as husband and wife to form a family (household), happy and eternal based on the belief in the Almighty God. Marriage is a very important thing in human life, both for individuals and groups. One of the initial frameworks for obtaining legal guarantees in a marriage is to register it with the authorized agency. A private marriage or invalid marriage is a marriage that is not registered at the civil registry office, but fulfills the basic pillars and requirements of marriage according to Islamic law. The legal consequence of divorce in obtaining private child custody according to western civil law is that the marriage does not disappear from child custody obligations. The aim of this research is to find out how to obtain and the legal consequences of child custody under western civil law. This research uses a normative juridical legal research method, a qualitative approach with a normative juridical research type. Data collection techniques through journal and book data sources regarding Juridical Review of the Legal Consequences of Divorce in Obtaining Child Custody in Underhand Marriages.

Tinjauan Yuridis Pemutusan Kontrak Secara Sepihak oleh Bupati Nagekeo Terhadap Tenaga Harian Lepas (THL) di Kabupaten Nagekeo

The purpose of this research is to analyze the juridical review of unilateral contract termination by the regent of Nagekeo against casual daily workers in Nagekeo district. The type of research is Empirical Legal research, the type of data used in this research is qualitative descriptive data. The results of this study suggest that: (1) The reason for the Nagekeo Regent to unilaterally terminate the contract against the casual workers in Nagekeo Regency is to reduce the regional expenditure budget so that these funds can be allocated to build facilities for the people of Nagekeo Regency (2) The impact that occurred for casual workers at the time of contract termination was to cause a situation of lack of security and public order due to demonstrations against the dismissal of casual workers, reduced income for families who are members of casual workers, causing the economic wheels in the market to be quiet for some time and not optimal administrative services and public services for the community.

Juridical Review of Waqf Land Disputes Due to Transition as Public Facilities (Disputes and solutions)

Juridical Review of Waqf Land Disputes Due to Transition as Public Facilities (Disputes and solutions)

Juridical Review of Food Estate Project Land Clearing Against Environmental Damage Judging from Government Regulation No. 23 of 2021 concerning Forestry Implementation

Juridical Review of Food Estate Project Land Clearing Against Environmental Damage Judging from Government Regulation No. 23 of 2021 concerning Forestry Implementation

Juridical Review of Criminal Acts of Mining Activities Outside the Mining Business Permit (WIUP) Area (Study Decision Number: 203/Pid.Sus/2023/PN.Bta)

Juridical Review of Criminal Acts of Mining Activities Outside the Mining Business Permit (WIUP) Area (Study Decision Number: 203/Pid.Sus/2023/PN.Bta)

Juridical Review of Divorce Lawsuits Due to Addiction to Playing Online Games (Decision Study Number.52/Pdt.G/2023/PN.Tjk)

Juridical Review of Divorce Lawsuits Due to Addiction to Playing Online Games (Decision Study Number.52/Pdt.G/2023/PN.Tjk)

Juridical Review of Legal Relationships of the Parties in Digital Marketplace Transactions (Study on Tiktok Marketplace)

Juridical Review of Legal Relationships of the Parties in Digital Marketplace Transactions (Study on Tiktok Marketplace)

TINJAUAN YURIDIS PEMECAHAN TANAH LEBIH DARI LIMA BIDANG UNTUK HAK MILIK PERORANGAN

The emergence of a regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency on the prohibition of land division of more than five parcels for individual property rights is a way to overcome the rampant housing or disguised lots that have sprung up so far. The regulation is stipulated in Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to Regulation of the Minister of Agrarian Affairs or Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The purpose of this writing is to find out how the juridical review of land splitting of more than five parcels for individual property rights and what the legal consequences are for individuals who split more than five parcels of land. This research uses normative juridical approach with legislation. The result of this research is that the ownership of property rights to individual land or the division of individual land parcels is not allowed to exceed five parcels except if the base of the right comes from the transfer of inheritance rights or the base of the right with the building rights certificate. Apart from that, the division of more than five parcels must also be balanced with permits from the authorized agency, and usually with the base of the Building Rights Title, but in the current era there are still many Individual Property Rights whose ownership exceeds five parcels. However, with the emergence of the Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021, the regulation is more strictly applied in practice. Keywords: Land Division of More than Five Parcels, Agrarian.

Connectivity Case a Juridical Review of the Handling Process before and After the Establishment of the Attorney General in the Military Criminal Field

This Indonesia is a country with a large and diverse population, consisting of many islands and a multitude of cultures and customs. The people of this nation live and operate according to existing norms and regulations, coexisting within their midst, which upholds a high regard for a legal system governing societal order. This is why Indonesia can be referred to as a legal state (rechtsstaat), a notion further solidified by Article 1 paragraph (3) of the 1945 Constitution, which declares Indonesia as a legal state.There are four systems of justice in Indonesia: general courts, religious courts, military courts, and administrative courts. These systems stand independently, separate from one another, each with its own functions and absolute authority in carrying out its duties. Thus, each system possesses jurisdiction that cannot be interfered with by other judicial systems. However, despite Indonesia's respect for the law, there are also many Indonesians who violate and disregard the laws in place, acting arbitrarily and without adherence to regulations and existing laws. This is evidenced by the numerous cases that occur, with perpetrators not only being ordinary citizens but sometimes also engaging in criminal acts alongside military personnel, commonly known as the TNI or the Indonesian National Armed Forces. The fact that TNI members exist and live among the civilian population, with their special status, combined with the drive to improve their standard of living or economic motives, leads many of them to engage in criminal activities with civilians, whether as perpetrators, accomplices, or assistants. In several cases involving both TNI members and civilians, they encounter difficulties in their handling. In connection with the above, to enhance the effectiveness of handling connectivity cases (involving perpetrators from both the TNI and civilians), a special institution/organization was established within the Indonesian Attorney General's Office, namely the Deputy Attorney General for Military Crime Affairs.

Juridical Review of The Legal Responsibility of Perpetrators of Corruption Offences in Indonesia

Juridical Review of The Legal Responsibility of Perpetrators of Corruption Offences in Indonesia

NATENG KEBUN KOPI DALAM HUKUM EKONOMI SYARIAH

This thesis is entitled "A Juridical Review of Nateng Coffee Plantations in Sharia Economic Law in Muara Semah Village, Muara Pinang District, Empat Lawang Regency", with the background of the problem of the customary custom of the people of Muara Semah Village is that they often pawn their gardens for urgent needs but in Most of the pawns carried out by the local community do not have a time period for repayment so that the pawn recipient can take advantage of the garden produce pawned by the community. In this study, there are two things that are the focus of the author's study. First, how is the Nateng (pawn) mechanism for coffee plantations in Muara Semah Village. Second, how about the juridical review and settlement of sharia economic law regarding the Nateng mechanism for coffee plantations in Muara Semah Village. The research method is field research and this research method uses qualitative data based on primary data and secondary data. The primary data in this study are the results of interviews, observations, and direct documentation of objects related to research. As for the secondary data used in this study in the form of primary books which are considered representative of the research results as a complement to the primary data. From the results of the research conducted, it can be concluded that the system used in Nateng coffee plantations in Muara Semah Village is a system obtained from their ancestors, where Nateng does not have a maturity date provided that every year the yield from the coffee plantation harvest is divided into two and the coffee plantation can be returned when the pawnbroker has paid off all of his debts. The implementation of Nateng in Muara Semah Village is not in accordance with Islamic religious teachings because Murtahin is exploiting it which is detrimental to Rahin because Murtahin asks for half of the harvest from the coffee plantation without financial or manpower assistance from Murtahin and the money lent is not in accordance with the size the garden. The results of this study are expected to be useful for adding insight related to the science of sharia economic law, and are also expected to be able to contribute an understanding regarding problems that often occur, especially in the people of Muara Semah Village so that they can understand scientific matters related to pawning in Islamic Economic Law. Keywords: Nateng (Pawn), Coffee Plantation, Sharia Economic Law

Juridical Review of Replacement Certificates of Land Rights Due to Loss at the Medan City Land Office

An application for a replacement certificate can only be made by the party whose name appears as the right holder in the land book at the local land office. An application for a replacement certificate cannot be made if the name of the party is different from the name of the right holder in the land book. If the right holder listed in the land book has died, the application can be made by his heirs. The application must be accompanied by valid supporting documents, such as a Certificate of Death from the right holder and a Certificate of Heirs and Heirs. The formulation of the problem in this research is How is the Procedure for the Implementation of the Issuance of Land Rights Substitute Certificates at the Medan City Land Office. How are the obstacles and efforts faced by the Medan City Land Office in the Implementation of the Issuance of Replacement Certificates of Land Rights that are lost. The type of research used in this research is juridical-empirical. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. An application for a replacement certificate due to loss can only be submitted by the party whose name is listed as the right holder in the relevant land book or another party who is the recipient of the right based on a PPAT deed or an excerpt of minutes of auction, deed, letter and power of attorney. If the right holder or beneficiary has died, an application for a replacement certificate can be submitted by his heirs by submitting a letter of proof as an heir.

Tinjauan Yuridis Tentang Implementasi Prinsip Pancasila Sebagai Landasan Politik Di Indonesia

Pancasila has been the main political foundation in Indonesia since its independence in 1945. The implementation of Pancasila principles in state politics has been the subject of important juridical debate. This article investigates the juridical review of the implementation of the Pancasila principles as a political foundation in Indonesia. Through analysis of the constitution, court decisions, and academic discussions, this research explores how the principles of Pancasila are understood, interpreted, and applied in the Indonesian political context. The results of this research provide an in-depth understanding of the role and relevance of Pancasila in the formation of public policy and the protection of human rights in Indonesia. Pancasila, as the foundation of the Indonesian state, has a very important role in determining the direction of state political policy. The implementation of Pancasila principles as a political foundation has become a significant debate in the juridical context in Indonesia. This research aims to conduct an in-depth review of the implementation of Pancasila principles in Indonesian political policy juridically.

Juridical Review of Elections Dispute Settlement in Indonesia

The research on “Juridical Review of Election Dispute Resolution in Indonesia” aims to describe the mechanism of election dispute resolution in Indonesia, and analyze the current weaknesses of election dispute resolution in Indonesia. This is a normative legal research, which examines laws and regulations in an Indonesian legal system that are coherent with written legal values, especially those related to election dispute resolution in Indonesia. The results of the study state that election settlement mechanisms are important to protect the rights of citizens and help determine whether elections are truly a reflection of the will of their citizens, as well as for elections to be considered credible, voters and election contestants must have access to effective election dispute resolution mechanisms. independent, fair, accessible and effective. Weaknesses in the settlement of election disputes that have been carried out so far have not fulfilled a sense of justice because dispute resolution is carried out through the Constitutional Court based on Article 24 C paragraph (1) of the 1945 Constitution, whose authority is then elaborated in Article 10 paragraph (1) of Law (UU) Number 24 2003 concerning the Constitutional Court as amended by Law Number 8 of 2011 (UU MK). Dispute resolution through the Constitutional Court in Jakarta is felt to be very burdensome for election participants because it is not in accordance with the principle of a cheap, fast and efficient trial. Election dispute settlement, which has been carried out for a maximum of 7 (seven) days, begins with the stages of receiving reports, researching, clarifying, conducting studies, and making decisions. The very limited completion time, which is a maximum of 7 (seven) days, can create a sense of injustice for justice seekers, because this short process can lead to haste in the examination which in turn creates a feeling of insecurity.

Juridical Review of Copyright (Youtube Content) as an Object of Debt Guarantee in Bank According to Positive Law in Indonesia

This research aims to analyze the regulation of copyright on YouTube content as an object of debt collateral at banks, to analyze legal protection for creditors holding fiduciary guarantees on copyright on YouTube content, and to analyze the arrangements for executing fiduciary guarantees in the form of copyright on YouTube content. By using normative legal research methods. The results of this research show firstly, copyright for YouTube content as a collateral object has been regulated in Government Regulation Number 24 of 2022 concerning Implementing Regulations Implementing Regulations for Law Number 24 of 2019 concerning the Creative Economy. Second, the legal protection obtained by creditors as collateral holders is divided into two, namely preventive legal protection in the form of orders for banks to follow the precautionary principle when providing credit to customers, and the object of collateral provided by customers. Then, repressive legal protection in the form of orders for banks as creditors to impose sanctions such as fines, imprisonment and additional penalties given if a dispute has occurred as well as carrying out the execution of copyright on YouTube content. Third, arrangements for the execution of copyright on YouTube content in fiduciary guarantees can be implemented through transfer by written agreement in accordance with the provisions in Article 16 of Law Number 28 of 2014 concerning Copyright. Transfers by written agreement should be written down in the form of a notarial deed, then registered with the Directorate General of Intellectual Property Rights with an administrative fee charged. From the results of utilizing the economic rights inherent in the copyright for YouTube content, the creditor collects the repayment of the receivable. Dispute resolution can be done through litigation and non-litigation.

Juridical Review Of The Authority Of Civil Servant Investigators In Conducting Forced Searches Of Violators Of Local Regulations Based On The Provisions Of Indonesian Laws And Regulations

In this study the author discusses one of the problems regarding the authority of civil servant investigators (PPNS) in carrying out forced searches based on the provisions of laws and regulations in Indonesia. The purpose of this study is to determine and analyze the authority of civil servant investigators (PPNS) in conducting forced searches based on the provisions of laws and regulations in Indonesia and to determine and analyze civil servant investigators (PPNS) can make forced searches of perpetrators suspected of committing criminal violations of local regulations. The research method uses normative legal research, so the research approach taken is a statute approach, conceptual approach, and case approach. The results of this study are the first, the authority of civil servant investigators (PPNS) according to Indonesian legislation is regulated in the provisions of Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP) Government Regulation No. 43 of 2012 concerning Procedures for Implementing Coordination, Supervision, and Technical Guidance of Special Police, Civil Servant Investigators, and forms of Private Security, Regulation of the Chief of the Indonesian National Police Number 14 of 2012 concerning Management of Criminal Investigations, Regulation of the Chief of the Indonesian National Police Number 6 of 2010 concerning Investigation Management by Civil Servant Investigators. Secondly, the provisions of the above laws and regulations that in the event of a criminal offense in the region, civil servant investigators (PPNS) can search the perpetrator of the offense, but still the PPNS authority must be expressly regulated in the provisions of regional regulations because however PPNS in the regions must be subject to Regional Regulations that regulate their authority.

Juridical Review Of Sharing Joint Assets As Banking Credit Collateral

Juridical Review Of Sharing Joint Assets As Banking Credit Collateral

Carding Crime in Makassar City: Juridical Review As an Issues of Cybercrime

This study analyzes the juridical review of carding crime in Makassar City as part of cybercrime. The purpose of this study is to provide scientific benefits in the field of legal studies as well as provide practical and academic input for authors and interested parties to understand the criminal law arrangements against carding crimes and countermeasures. The research method used is the method of normative juridical literature, referring to legal norms in legislation, literature, expert opinions, and papers. The results showed that the laws that are the focus of the study are Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on information and electronic transactions, as well as the Criminal Code (KUHP).