Law Number Research Articles

The Obligation of Notary as a Reporter in Efforts to Prevent and Eradicate Money Laundering Crime

Money laundering is a structured and diverse crime, the implementation of which can utilize financial institutions and institutions outside the financial system. In Government Regulation No. 43/2015 on Reporting Parties in the Prevention and Eradication of ML, it is stated that notary is one of the reporting parties. However, this obligation to report conflicts with the obligation to keep the contents of the deed and all information regarding the deed confidential as stipulated in the Notary Position Law. Notaries in carrying out their duties are bound by an oath of office that they must uphold. One of the notary oaths is regarding notary confidentiality as written in Article 4 Paragraph (2) of Law Number 30 Year 2004. In addition, notaries in carrying out their positions, based on Article 16 of UUJN Paragraph (1) letter f, notaries are obliged to "keep confidential everything regarding the deed they make and all information obtained for the making of the deed in accordance with their oath / pledge of office, unless the law determines otherwise". The clash of norms between private law and public law certainly requires legal protection in carrying out their positions. The legal protection applied is related to the guarantee of the rights and obligations of notaries, both regarding their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes and notary obligations in the realm of private law. This legal protection is intended so that notaries can be free from claims or lawsuits in carrying out their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes. KEYWORDS : Notary, Obligations of the Reporting Party, Legal Protection.

JURIDICAL REVIEW OF PRENUPTIAL AGREEMENTS

A prenuptial agreement or commonly referred to as a prenuptial agreement is a contract or agreement that is equally agreed upon by a married couple, either before the marriage takes place, or during the marriage bond. In conducting research to be more focused, the author made a formulation of the problem, namely how is the legal provisions of the prenuptial agreement based on Law Number 16 of 2019, how is Amendments to Law Number 1 of 1974 concerning Marriage in Indonesia and the Legal Effects on Marital Property with the Prenuptial Agreement in Indonesia. The type of research used in this writing is normative legal research. Normative research is carried out by collecting data and information about the legal norms you want to research, then analyzing the data and information to get a deeper understanding of existing legal norms. Normative research methods can be carried out by means of literature studies, namely by collecting library materials or legal sources relevant to the research topic. The results showed that the forms of this marriage agreement include marriage agreements with togetherness of profit and loss, marriage agreements with togetherness of results and elimination of togetherness of wealth. The content of the agreement must be discussed carefully. You must ensure that you and your partner agree on the content of the agreement and are consistent with your values. For example, how joint property will be managed and divided if one day you divorce.

Disclaimer of Political Rights As An Effort to Eradicate Corruption

Corruption is an extraordinary crime, so extraordinary methods are also needed to prevent and eradicate this crime. The imposition of serious crimes is one of the ways needed to eradicate them, then new punitive breakthroughs are also needed in order to provide a sense of deterrence and fear to both the perpetrators and the community. Several cases that have been decided during the trial of corruption at the first level, among others, are on behalf of the accused, Inspector General. Djoko Susilo in the corruption case of the procurement of a driving license (SIM) simulator tool, the KPK Public Prosecutor demanded additional crimes of revoking the right to vote and vote in general elections and public office (political rights), and the panel of judges granted the demands at the appeal level. This additional punishment is regulated in article 35 of the Criminal Code in conjunction with article 18 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption. This research uses normative legal research methods, supported by primary, secondary and tertiary legal sources. With descriptive qualitative analysis.The problem with this additional punishment for depriving political rights is how to apply this additional punishment for depriving political rights in the prevention and eradication of corruption, because of course the KPK has strong reasons why this additional punishment is included as a punishment for perpetrators of corruption.

MEANING SOLE PROPRIETORSHIP BASED ON ACT CREATE WORK IN FRAMEWORK PERSPECTIVE LEGAL HERMENEUTICS

The problem of the Tender Offer is sticking to the surface, among others, because there have been several cases involving the Takeover of a Public Company by another Party, thus causing losses to other Shareholders, especially the Public Shareholders. Regulations regarding take over and tender over are contained in Law Number 8 of 1995 concerning the Capital Market and Government Regulations number 27 of 1998. In 2011 the Government enacted Law Number 21 of 2011 concerning the Financial Services Authority which resulted in the transfer of power regarding the regulation regarding macroeconomics shifts from Bank Indonesia to OJK which includes the Take Over and Tender Offer processes. In 2020 PT. Garudafood Putra Putri Jaya, Tbk. Taking Over to PT. Mulia Boga Raya, Tbk. This study aims to determine the arrangement of Tender Offers in Indonesia and the impact of the Takeover on a Public Company that was taken over. The form of research in the writing of this journal is the jurisdiction of normative legal research using the statutory approach. The legal materials used are of two types, namely primary legal materials and secondary legal materials.

Age Regulation of Outsourced Workers After the Omnibus Law of the Labor Cluster Based on Wage Theory

This research investigates the effects of the enactment of the Job Creation Law (Law Number 11 of 2020) in Indonesia on labor regulations, specifically focusing on wage regulation for outsourced workers and its implications for human rights. Employing a normative juridical approach, the study examines legal materials such as laws, regulations, court decisions, and expert opinions. Through qualitative analysis techniques, the pre- and post-Job Creation Law regulations concerning outsourced workers' wages are explored. The findings uncover significant changes in wage provisions, including the elimination of sectoral minimum wage regulations and the reduction in types of wages for outsourced workers. Moreover, the research reveals discrepancies between the Job Creation Law and international conventions' indicators of freedom, availability, accessibility, and suitability. Concerns are raised regarding the adequacy of workers' rights protection, accessibility to fair wages, and the inclusivity of vulnerable groups within the legal framework. This study contributes to understanding the Job Creation Law's implications for labor and human rights in Indonesia, highlighting areas where the law may fail to ensure equitable treatment and fair compensation for outsourced workers. Policy recommendations aimed at upholding human rights standards in labor regulations are proposed based on the study's findings.

Reactualization of the Marriage Age Limit in Indonesia (in the Perspective of Maslahah Mursalah)

Law is a structure that regulates the pattern of society to form a culture. The Islamic family culture in Indonesia is strongly influenced by the prevailing family law structure which includes marriage and divorce. This is regulated in the structural system of laws regarding marriage, namely Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning Changes in the Minimum Age of Marriage for Women. Articles which for some people believe have not accommodated the interests of all parties and have not met the times, so that this Law is felt by some women activists to be discriminatory which tends to reap injustice. Among the articles that are considered controversial, namely the Minimum Age for Marriage. study on the actualization of Indonesian Marriage Age Limits uses a qualitative descriptive method by using a literature study, so that the findings are that Law Number 1 of 1974 concerning Marriage which was amended by Law No. 1 of 2019 especially related to Article 7 concerning the age limit is already in line with and accommodate the interests of citizens, In the Qur’an and Hadith there is no mention of age limits but mentions “baligh” and “able” as a benchmark in the permissibility of marriage, Jumhur scholars accept Maslahah Mursalah as one of the reasons in establishing sharia law, but in the application and placement of conditions they have different opinions

Legal Certainty Principle in Judicial Activism Decision of the Constitutional Court of the Republic of Indonesia Case Number 143/PUU-XXI/2023

Judicial activism in the petition for Law Number 143/PUU-XXI/2023 concerning the term of office of regional heads / deputy regional heads can present the principles of legal certainty and substantive justice. The Petitioners in the case felt that they suffered constitutional losses due to a legal vacuum where the legislators failed to regulate the calculation of the term of office of regional heads elected in 2018 but inaugurated in 2019. As a result, the applicants experienced a cut in the term of office and could not run the full term of office for 5 (five) years. The type of research is normative, with a statutory approach, conceptual approach and comparative approach. The results showed that judicial activism carried out by the Constitutional Court could find substantive differences between Petition Number 143/PUU-XXI/2023 and Petition Number 62/PUU-XXI/2023, and the court could find a legal vacuum and restore the constitutional losses of the petitioners.

Juridical Analysis of the Position of the Surakarta Kasunanan Palace as a Cultural Heritage Area Linked to the Basic Agrarian Law (UUPA)

With the provisions of the Fourth Dictum of the UUPA, regarding the position of the Surakarta Kasunanan Palace as a cultural heritage area, there are still differences of opinion regarding its ownership status. This research aims to examine the position of the Surakarta Kasunanan Palace after the enactment of the UUPA, as well as to analyze the ownership status of the Surakarta Kasunanan Palace as a cultural heritage area. The research method is normative juridical. The type of data used is secondary data. Data analysis techniques using deductive reasoning presented descriptively. The results of this research are: first, the position of the Surakarta Kasunanan Palace after Indonesian Independence, based on: Law Number 10 of 1950 was designated as part of Central Java Province; and based on Law Number 18 of 1965, de jure Swaraja Surakarta was abolished. Then, after the UUPA came into force, the position of the Surakarta Kasunanan Palace should have shifted to the State. However, in reality, currently the Surakarta Palace Sultanate still has and exercises authority over the lands it owns and owns based on Presidential Decree Number 23 of 1988. Second, the ownership status of the Surakarta Kasunanan Palace as a cultural heritage area is stipulated in the Regulation of the Minister of Culture and Tourism Number PM.03/PW.007/MKP/2010 belongs to the Surakarta Kasunanan Palace as an indigenous community in accordance with Article 13 of the Cultural Heritage Law. The Surakarta Kasunanan Palace is a traditional community, because the King is the traditional leader who still has the same territorial area and lineage and has authority within and outside his traditional area. If the Kasunanan Surakarta Palace is interpreted as a traditional institution, and ownership of the land of the Surakarta Kasunanan Palace becomes a customary right for the Surakarta Kasunanan Palace, then as a consequence the Government in taking over the land of the former Surakarta self-government must also pay attention to the principle of recognizing these customary rights.

Analysis The Integration of The Criminal Justice System in Handling Corruption

Corruption as a serious crime has detrimental effects on the state and society. One of the solutions to overcome corruption is by implementing an integrated criminal justice system that involves law enforcement agencies, such as the police, prosecutors and judges. Enforcement of the criminal justice system must be based on the KUHAP as the mouthpiece of the law for the Police and Prosecutor, meanwhile, the KPK is not only based on the KUHAP but also on Law Number 19 of 2019 jo. Law Number 30 of 2002 on The Corruption Eradication Commission (KPK). The synergy that is expected in the context of overcoming criminal acts of corruption in the context of the criminal justice system turns out to still contain law enforcement problems in it, such as the substance of the law, overlapping authority, independence, weak coordination, human resources, and the lack of optimality of the special criminal justice system.

Analysis of the Legal Consequences of Delays in Taking Over Shares Regarding KPPU Decision Number 05/KPPU-M/2022

The KPPU's decision in the case of alleged delay in the acquisition of shares of PT Lestari Gemilang Intisawit in PT Nabati Agro Subur (number: 05/KPPU-M/2022) emphasizes the importance of notifying shareholders regarding the takeover of shares in accordance with Law Number 5 of 1999 concerning Monopoly Practices and Business Competition Against the Law. Good. After reviewing the decision, it was decided that PT Gemilang Lestari Intisawit had an obligation to notify the KPPU regarding the takeover as a subsidiary. However, even though this transaction increases the asset value and sales value of the parent company, there is a disparity between activities that are detrimental to other business actors and the fine imposed is only 1 billion rupiah. This shows the need for further evaluation of this decision to ensure fairness in law enforcement regarding fair business competition and protecting market interests

Notary's Authority to Make Deeds of Name Loan Agreement (Nominee) Related to Sale And Purchase a Land Involving Foreigners

This research aims to analyze whether the authority to make deeds of a Notary applies to all forms of agreement and what is the Notary's responsibility for making Deeds of loan agreements (nominees) related to buying and selling land involving foreigners. This legal research method uses normative legal research. The approach used is a statutory approach and a conceptual approach. From this research the author found, firstly, that there is disharmony between article 15 paragraph (1) a of Law number 2 of 2014 concerning amendments to Law number 30 of 2004 concerning the Position of Notaries hereinafter abbreviated as UUJN and Law number 5 of 1960 concerning the Basic Regulations on Agrarian Principles, hereinafter abbreviated to UUPA. Where in article 15 paragraph (1) a UUJN which states that Notaries have the authority to make authentic deeds regarding all deeds, agreements and provisions required by statutory regulations and/or which are desired by interested parties to be stated in authentic deeds, this is often a loophole in a acts of legal smuggling carried out by foreigners and Indonesian citizens and often involving notaries in a loan agreement (nominee) related to the sale and purchase of land involving foreigners, which is contrary to UUPA article 21 which states that only Indonesian citizens can have property rights. Due to this conflict of norms, the authority to make deeds of a notary does not apply to all forms of agreements. Secondly, if the notary is proven to have committed an act of legal smuggling, the notary must be responsible for his actions both civilly, administratively and criminally.

PERLINDUNGAN KONSUMEN DARI PRODUK KOSMETIK ILEGAL MENURUT HUKUM ISLAM: STUDI PADA BPOM ACEH, INDONESIA

This article aims to analyse a consumer protection in cosmetic products that are not registered with Food and Drug Administration (Badan Pengawas Obat dan Makanan, BPOM). It uses the normative-juridical research methods with a statutory approach. The results shows that Indonesia has a legal relating to consumer protection, namely Law Number 8 of 1999 concerning Customer Protection. Thus, any fraudulent businesses actors who still frequently violate statutory regulations can be subject to sanctions in the form of administrative or criminal sanctions. Additionally BPOM as a supervisory agency also actively monitors the circulation of this dangerous product and even withdraws the product if it is proven to contain dangerous ingredients. Similarly, in the context of Islamic law, this supervision is strengthened by the principles of justice, responsibility and protection of consumers. Islamic law‘s objective is to ensure that cosmetic products on the market meet the safety standards set by Islamic principles, as well as providing appropriate protection to consumers fro

Conservation Efforts of Betawi Community Traditions in the Modern Era (Descriptive Study of the Betawi Cultural Institution in Daerah Khusus Ibukota Jakarta Region)

Traditional Betawi culture, including ondel-ondel, lenong, and tanjidor, is declining due to modernization, with the younger generation forgetting their cultural heritage. The research suggests three main points: (1) Betawi traditions are diminishing in the modern era; for instance, ondel-ondel is now often used for begging. Government intervention is necessary to address this issue. Lenong and Tanjidor also face challenges and need improvement to remain relevant in drama and music. (2) The Betawi community abandons its traditions in the modern era due to the loss of space for Betawi residents in Jakarta. The local government should provide effective solutions to prevent neglect of these distinctive traditions. (3) Efforts by the Betawi community and cultural figures to preserve traditions involve operating cultural institutions in accordance with Law Number 5 of 2017 concerning the Advancement of Culture.

The Contribution of Forensic Psychology to Improve the Protection of Rape Victims in Trials

This study aims to identify the contribution of forensic psychology in the preparation of rape victims to testify in court and analyze the legal framework applicable to the protection of rape victims in the legal system in Indonesia. This research is normative juridical by using secondary data such as laws and regulations, literature studies, and expert interviews of Forensic Psychologists. The results of the first research analysis of forensic psychology contribute to the preparation and recovery of rape victims in the context of trials. By taking into account regulations such as Law Number 18 of 2014 concerning Mental Health and Regulation of the Minister of Health of the Republic of Indonesia Number 45 of 2017, the practice of forensic psychology in Indonesia is directed to improve practice standards and protect the public from unethical practices. Second, legal protection for rape victims in Indonesia consists of two main aspects, namely preventive and curative protection. Preventive protection is established through regulations such as Law Number 1 of 2023 concerning rape in the Criminal Code and Law Number 12 of 2022 concerning Sexual Violence (TPKS Law), which guarantees fair and comprehensive treatment and holistic recovery for victims. Curative legal protection is regulated by Law Number 36 of 2009 Article 144, which emphasizes treatment and rehabilitation approaches for victims after the commission of crimes.

The Use of Social Media Among Indigenous Communities In Improving The Economy Towards The Progress of The Modern Era Based on The Republic of Indonesia Law No. 19 of 2016 Concerning Amendments To Law No. 11 of 2008 Concerning Electronic Information And Transactions

Social media, also known as social networks, is part of new media. It's clear that the interactive content in new media is very high. Social media, quoted from Wikipedia, is defined as an online media, where users can easily participate, share, and create content including blogs, social networks, wikis, forums, and virtual worlds. Blogs, social networks, and wikis are the most common forms of social media used by people around the world. Social media has a significant influence on societal changes regarding their personalities. The purpose of this research is to determine the implementation of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, the application of sanctions for social media users who harm others. This research study is normative juridical in nature as the main approach, considering that the discussion is based on legislation and legal principles applicable to issues of information technology crimes. The juridical approach is intended to conduct an assessment of the legal field, especially criminal law. Most social media users who intend to harm others in their use of social media will be ensnared by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law), whether intentional or unintentional. The law should provide protection to internet users by thinking positively, having good intentions, and taking decisive action against cybercrime perpetrators. However, the legal system has not yet addressed all computer crimes through the Internet. The ITE Law is expected to provide guidelines in restricting the use of social media for the public.Top of Form

Implementation of Community Service Order Based on Law Number 1 of 2023 In The Perspective of Justice And Legal Expediency

This research is related to the reform of criminal law in Indonesia through community service order as an alternative to imprisonment. The type of research used in this study is normative legal research. The specifications used in this legal research are descriptive analytical, with a statute approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The method of legal material analysis conducted in this research uses qualitative analysis. The results of this research show that based on Law Number 1 of 2023 concerning the Criminal Code (KUHP), community service order is one of the main types of penalties that also serves as an alternative to short-term imprisonment, specifically for criminal offenses with a potential penalty of less than five years and where the judge imposes a maximum prison sentence of 6 (six) months. It also serves as a substitute for fines that do not exceed category II. This is an implementation of community service order to achieve the objectives of punishment and with the perspectives of justice and legal expediency.

Comparative Study Of Reasons For Divorce Based On National Marriage Laws In Indonesia And Turkiye

Marriage aims to build a happy and eternal family, but realizing this is challenging because many factors trigger a conflict that leads to divorce. Research focuses on reasons for divorce based on marriage law. To sharpen reasoning in studying the laws of other countries, the research was carried out using comparison. The country chosen to compare with Indonesia is Turkey because Turkey has reformed family law in the form of a law, apart from that because Indonesia and Turkey have a majority Muslim population with a majority of the Shafi'i school of thought in Indonesia and Hanafi in Turkey. The research method uses a statutory and comparative approach with secondary data, namely Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), and the Turkish Civil Code 1926. The analysis uses three paths with conclusions based on vertical comparisons: Indonesia and the Islamic School of Religion. Shafi’i and Turkey, with the Hanafi School, both adopted some of the provisions of the school to become part of the regulations. Horizontally, the reasons for divorce in the Marriage Law in Indonesia and The Turkish Civil Code 1926 in Turkey are largely similar, and diagonally with a comparison of the history of marriage legislation, namely that every aspect of marriage law regulations is more or less influenced by the school of thought followed by that country.

Penegakan Hukum Pelanggaran Lalu Lintas Merokok Saat Berkendara Oleh Satuan Lalu Lintas Polresta Bukittinggi

The development of road transport infrastructure has an important role in supporting economic activities, but on the other hand it gives rise to various problems regarding traffic law violations, accidents, etc. To prevent this, law enforcement officers are needed who have the authority and responsibility for state security and order, namely the State Police of the Republic of Indonesia as stated in their main duties, namely Law Number 2 of 2022 concerning the State Police of the Republic of Indonesia. Motor vehicle accident cases that occur in Indonesia have attracted a lot of public attention. One of them is caused by the driver not focusing when driving the vehicle. An action that is often carried out by motorbike riders is smoking while driving. There are already regulations prohibiting smoking while driving, which are contained in the Regulation of the Minister of Transportation of the Republic of Indonesia Number 12 of 2019 Article 6C. The research will analyze the law enforcement process for smoking while driving traffic violations by the Bukittinggi Police Traffic Unit and its obstacles and efforts to overcome these obstacles. This research includes library research, the approach method is empirical juridical, in the real sense and examines the law in society and how the law relates to society. The data required is primary and secondary data, collected through interviews, documents and literature review. The results of the research show that the public does not yet have the awareness of smoking-free driving, while the law enforcement provided by the police is only limited to warnings, this makes drivers continue to commit traffic violations due to the lack of strict law enforcement provided. Even though the regulations exist, law enforcement is still weak, in terms of community habits and law enforcement officers. 

Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.

OPTIMIZING THE ROLE OF THE COMMUNITY THROUGH SOCIAL MEDIA IN THE CONTEXT OF OVERCOMING CORRUPTION CRIMES TO ENSURE COMMUNITY WELFARE

This research aims to examine the role of the community in strengthening community involvement in efforts to prevent and overcome criminal acts of corruption through social media to ensure community welfare. Corruption is a serious problem that can harm society at large, both economically and socially. In this context, the role of the community in eradicating corruption has been regulated in Articles 41 and 42 of law number 31 of 1999 in conjunction with law number 20 of 2001 concerning the eradication of criminal acts of corruption. One way the community can play a role in tackling criminal acts of corruption is by monitoring and reporting via social media. Social media has become an important tool in facilitating community participation, strengthening public oversight, and supporting transparency in law enforcement for corruption crimes. The research will also examine how the use of social media can be optimized to facilitate the public in monitoring and reporting criminal acts of corruption and the obstacles to the use of social media by the public in tackling criminal acts of corruption. So, the problem that will be discussed in this research is how to optimize the role of society through social media in tackling criminal acts of corruption to ensure the welfare of society today. The research method used is a normative research method using a statute approach and analyzed using content analysis.