Theory Of Legal Certainty Research Articles

Legal Certainty of the Meaning of the Parties' Agreement on the Authorized Capital of a Limited Liability Company

The impact of changing the amount of PT capital to an agreement between the parties has led to a lack of legal certainty for the involved parties. A significant legal conflict exists between Article 32 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and Article 109 paragraph (1) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation. The changes allow the amount of PT capital to be determined based on the agreement of the company's founders, leading to ambiguity in legal certainty. This research aims to examine and analyze the legal consequences of these regulations on the basic capital requirements for Limited Liability Companies in Indonesia, and to assess the legal certainty surrounding the agreement between parties regarding PT capital. The research employs a normative juridical method, utilizing statutory, comparative, and conceptual approaches. The analysis is grounded in the Theory of Legal Certainty (Grand Theory), Development Law Theory (Middle Range Theory), and the Theory of Good Corporate Governance (Applied Theory). The research found that changes in the regulation of basic capital, following the enactment of Law No. 6 of 2023, have contributed to legal uncertainty. This study aims to provide legal clarity on the consequences of these regulatory changes and their impact on corporate governance and legal compliance in Indonesia.

Consumer Protection in Business Law: Conflict of Norms and its Implications under Article 18 of Law No. 8 of 1999 on Consumer Protection

Consumer protection is an important aspect of business law that often clashes with the principle of freedom of contract. This paper analyzes the conflict between Article 18 of the Consumer Protection Law (UUPK) and Article 1320 of the Civil Code (KUHPerdata) in the context of consumer protection in Indonesia. The norm conflict arises mainly in the use of standard clauses in standard contracts, which can harm consumers. John Rawls' theory of justice and Gustav Radbruch's theory of legal certainty are used to understand how the law can balance the interests of consumer protection and freedom of contract. In addition, technological developments and globalization also complicate the application of GCPL in electronic and cross-border transactions. The author suggests several legal strategies to address this conflict, including revision of laws, integration of technology, and harmonization of international law. In conclusion, effective consumer protection requires a balance between substantive justice and legal certainty and adaptation to technological change and market dynamics.

Effectiveness Of Article 42 Sentence (1) Uu No. 6 Of 2023 On The Creation Of Work Regarding The Implementation Of The Basis Of Legal Certainty In The Mortgage Agreement By The Banks With The Act Of Binding Agreement Of Sale And Purchase

PT Bank Tabungan Negara (Persero) Tbk (Bank BTN) is a State-Owned Enterprise (BUMN) which operates in the banking sector, committed to being a bank that serves and supports housing sector financing. The mission carried out by Bank BTN is to actively support the government in advancing the welfare of the Indonesian people through home ownership and realizing the life that millions of Indonesians dream of through providing decent homes. One type of credit that is still in demand and needed by the public is KPR (Home Ownership Credit). Bank BTN as a bank that focuses on housing financing certainly fully supports the One Million Houses Program launched by the government. It is proven that currently Bank BTN is a bank with market share The largest Home Ownership Credit (KPR) in Indonesia. In order to improve and optimize services to the community with the development of the KPR business and support Bank operations both in terms of business processes and maintaining document quality, there are conditions where it is not possible to make a Sale and Purchase Deed (AJB) so that a temporary binding agreement is needed, namely a Sale and Purchase Agreement ( PPJB). This research aims to determine the implementation of KPR agreements by Bank BTN with sale and purchase binding deeds (PPJB) according to Article 42 paragraph (1) of Law no. 6 of 2023 concerning Job Creation at Bank BTN Kediri. This type of research is empirical juridical legal research and the specifications in this research are descriptive. The source and type of data in this research is primary data obtained from field studies in the form of interviews with Bank BTN Kediri employees. And secondary data was obtained from literature studies related to the theory of legal certainty. The results of this research are that the implementation of the KPR agreement by Bank BTN with the PPJB deed based on Article 42 paragraph (1) of the Job Creation Law does not fully meet the requirements stipulated in Article 42 paragraph (2) of the Job Creation Law.

Termination Of The Office Of The Land Deed Maker Who Are Otherwise Unable To Perform Their Duties Due To Health Conditions

The legal issue is motivated by the existence of arrangements related to the dismissal of PPAT with respect contained in Article 10 paragraph (2) letter B which states that PPAT can be dismissed with respect from his position because he is no longer able to carry out his duties due to the state of his health or mental health, after being declared by the authorized health examination team at the request of the Minister/Head or appointed official. The problem then is how when there is a PPAT who is dismissed with respect for health reasons in accordance with Article 10 paragraph (2) letter b, then the PPAT in question successfully recovers from his illness. The purpose of this study was to analyze and find whether PPAT that was dismissed with respect due to health problems can be reappointed after being declared cured and formulate future regulatory formulations related to PPAT dismissal regulations due to health problems. This research uses normative juridical research method, legislation research approach and conceptual approach, and legal materials used consist of primary, secondary, and tertiary legal materials obtained through literature studies in the library of the Faculty of law, Universitas Brawijaya, and also internet access. The results of this study were analyzed by the method of legal discovery, namely the method of interpretation and construction. The results of this study are PPAT dismissed with respect in accordance with Article 10 paragraph (2) letter B PP No. 24 of 2016 if the PPAT has recovered, it still cannot be reappointed to his position as PPAT because there are no rules governing it. This would have been contrary to the theory of legal certainty according to Nurhasanah Ismail. For the formulation of future arrangements related to PPAT dismissal regulations due to health problems can be constructed into a new provision that PPAT who experience health problems, changed from the previous one dismissed with respect, is changed to become a temporary dismissal.

Legal Status of Adopted Children on Parents' Inheritance Based on Islamic Law and Civil Law (Case Study of Decision Number: 113/K/PDT/2019)

The legal consequences of the adoption event are regarding the status of the adopted child as the heir of his adoptive parents, such a status often causes problems in the family. The issues that often arise in the event of a lawsuit are usually related to the legality of the adoption of the child, as well as the position of the adopted child as the heir of his adoptive parents. Adopted children also have the right to guarantee the protection of their rights so that they can live their lives, participate optimally, and get protection from violence and/or different treatments. As for the reality, sometimes adopted children are still considered not part of the family and in the end, the rights of adopted children are ignored. This does not rule out the possibility of problems such as in terms of the distribution of inheritance, because it considers that the adopted child is not the heir of the parent who adopted him. In this study, the author also used Decision Study Number: 113/K/Pdt/2019. The theories used in the research are the theory of legal certainty, the theory of legal justice and the theory of legal protection. The research method used by the author is a normative research method. SW is not entitled to LTJ's inheritance because of his position as only a foster child based on the Deed of Child Handover Number 2. Foster children in terms of inheritance are not entitled to inheritance because their position is different from the position of the adopted child. A foster child is considered a third person who is not included in the class of heirs who are entitled to inheritance according to the law. An adopted child can get property from his adoptive parents through a will. The amount of this will is determined not to exceed 1/3 of the inheritance.

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

Legal Reconstruction of Empirical Juridical Analysis of Unilated Determination of Defense (Study of Pontianak District Court Decision Number 51/Pdt.G/2021/PN Ptk)

Decision case number 51/Pdt.G/2021/Pn Ptk contains a legal problem, namely the unilateral determination of default and the legal consequences (the application for the sale of collateral was also carried out unilaterally). This research basically aims to find out the legality of unilateral determination of default in positive law in Indonesia and the legal construction of Pontianak State Decision No. 51/Pdt.G/2021/Pn Ptk in terms of the theory of legal certainty. This research has a normative juridical character, with a statutory approach and a case approach. Legal materials were obtained from primary legal sources (legislation and decisions) as well as secondary legal materials, namely library sources such as books and journals. The results of this research: The legality of unilateral determination of default in positive law in Indonesia refers to the Supreme Court (MA) Jurisprudence No. 186 K/Sip/1959 and based on the jurisprudence of the Republic of Indonesia Supreme Court Decision No. 852 /K/Sip/1972, in Indonesian law, it is not legal/legitimate/legitimate to carry out unilateral acts of default without a prior summons. The legal construction of the Pontianak District Decision No. 51/pdt.g/2021/pn PTK is viewed from the theory of legal certainty, namely that the judge must grant petitum number 3 "stating that the Defendant's decision stating that the Plaintiff is a bad debt debtor is an unlawful act and cancels the entire series of consequences of the decision. Unilateral default, namely making a Sales Request unilaterally. Because in the theory of legal certainty, compliance or implementation of legal sources (jurisprudence) is a concrete form of legal certainty.

Penegakan Hukum Pidana terhadap Praktek Prostitusi Terselubung pada Panti Pijat Tradisional di Indonesia

Traditional massage parlors have changed dramatically. Several traditional massage parlors in Indonesia have been in the spotlight in recent years due to the covert prostitution practices that occur in these places. This practice involves sexual services offered as part of traditional massage services, and it has become a serious problem affecting various aspects of society. The problem discussed is how the practice of covert prostitution in traditional massage parlors in Indonesia cannot be fully criminalized under Articles 296 & 506 of the Criminal Code and how criminal law is enforced against the practice of prostitution in covert massage parlors in Indonesia. The aim of this research is to analyze the practice of covert prostitution in traditional massage parlors in Indonesia which cannot yet be fully criminalized under Articles 296 & 506 of the Criminal Code and analyze criminal law enforcement against the practice of prostitution in covert massage parlors in Indonesia. The theories used in this thesis are law enforcement theory and legal certainty theory. The research method was carried out using a statutory approach which was carried out by examining all laws and regulations relating to the legal issues being handled as well as approaching cases that occurred in the practice of disguised prostitution in massage parlor activities. Problems in the Effectiveness of implementing Articles 296 and 506 of the Criminal Code in law enforcement against prostitution in massage parlors is very dependent on the joint efforts of various parties, availability of resources, and commitment to crack down on this crime consistently and fairly. According to the author, criminal law enforcement against the practice of prostitution in hidden massage parlors in Indonesia currently does not yet have full legal certainty in the application of Articles 296 and 506 of the Criminal Code and related laws. Furthermore, related to the law enforcement factor which is less than optimal, according to the author, the legal system in the crime of prostitution does not work properly, especially related to the legal culture of individual officers who have not made efforts to enforce the law. The suggestions in the research are the need for cooperation between the government, community sponsored organizations (NGO ),child protection institutions and civil society in dealing with the problem of prostitution and improving the legal culture or culture where there must be a mental improvement of government officials and law enforcement officials so that there are no more unscrupulous individuals playing in law enforcement efforts against hidden massage parlors under the guise of prostitution.

Legal Analysis Of Handling The Criminal Acts Of Circulation And Use Of Counterfeit Rupiah Curriculum

This thesis discusses the handling of criminal acts of using and circulating counterfeit rupiah banknotes, with a focus on law enforcement efforts by the Riau Islands Regional Police. This research is motivated by the increasing cases of counterfeit rupiah banknotes in the Riau Islands which cause significant losses to the community and threaten regional economic stability. The main objective of this study is to analyze the effectiveness of law enforcement carried out by local police, as well as to identify and overcome obstacles faced in the process. The research method used is a qualitative approach, with data collection techniques through in-depth interviews, participatory observations, and documentation studies. The sample of this study consisted of police officers, legal experts, and victims of counterfeiting money. Data analysis was carried out using content analysis techniques to interpret the collected data, based on the framework of the theory of legal certainty from Sudikno Mertokusumo, the theory of legal systems from Lawrence M. Friedman, and the theory of Crime Prevention Through Environmental Design (CPTED). The results show that law enforcement against rupiah counterfeiting in the Riau Islands faces several major obstacles, including limited resources, inter-agency coordination problems, and a lack of adequate training for law enforcement officers.The suggestions resulting from this study include increasing the allocation of resources, both in the form of equipment and training for officers, as well as strengthening cooperation between institutions involved in law enforcement, to increase effectiveness in identifying, preventing, and cracking down on the crime of using and circulating counterfeit money.

Analisis Yuridis Terhadap Penentuan Status Barang Bukti Pada Putusan Perkara Pidana Pengangkutan Mineral Tanpa Izin di Pengadilan Negeri Marisa

This study aims to review and analyze the judge's considerations in determining the status of evidence in the criminal case concerning the transportation of minerals without permission, as outlined in Decision Number 4/Pid.Sus/2023/PN Mar. Additionally, it seeks to examine the correlation between these judicial considerations and the application of criminal sanctions imposed on perpetrators of the crime of unauthorized mineral transportation in the same court decision. The research employs a normative juridical method. The findings indicate that the judge's considerations in determining the status of evidence in this case are consistent with the application of Law Enforcement Theory, Justice Theory, Criminal Responsibility Theory, Legal Certainty Theory, and Criminal Theory, and are based on the theories of punishment and criminal liability. The analysis demonstrates a close correlation between the judge's considerations regarding evidence and the application of criminal sanctions on the offenders, in alignment with Court Decision Number 4/Pid.Sus/2023/PN Mar.

Normative Justice and Implementation Related to Sharia Economic Law Disputes in Realizing Legal Certainty and Justice in Indonesia

Academic problems stem from the results of sharia economic dispute decisions issued by the Surabaya High Religious Court (PTA) which do not fulfill the elements of certainty and justice, both at the normative (book in law) and implementation (law in action) legal levels. The losing parties can only file objections for simple cases and submit an appeal. So this is contrary to the principle of contante justice (speedy trial) in court. So the aim of this research is to analyze this. The method used in this research is normative juridical. The theories used in this research include the theory of legal certainty and justice, sulh theory, and the theory of judicial power. The research results prove that in order for the Surabaya High Religious Court (PTA) to be able to apply the principle of contante justitie (speedy trial) effectively, especially in deciding cases of sharia economic disputes, judges at the Surabaya PTA must be based on the basic principles of Islamic sharia, namely maqasid al-syariah In deciding the case, it includes: 1) not making things difficult ('adam al-haraj), 2) not reducing the burden (taqlil al-taklif), 3) Equality and Justice (al-Musawah wa al-Adalah).

Palaku's Position in the Traditional Marriage of the Dayak Muslim Community in Tewah District, Gunung Mas Regency

The Dayak Muslim community in Tewah District, Gunung Mas Regency is sometimes quite burdensome for some men with the high value of the act (maskawin) so that the prospective groom is not able to fulfil it, even though this behaviour is chosen by the Tewah community as a legal foothold in the marriage tradition. This research aims to focus on the position of the perpetrators in the customary marriage of the Muslim Dayak community in Tewah District, Gunung Mas Regency, the amount of the perpetrators in the customary marriage of the Muslim Dayak community in Tewah District, Gunung Mas Regency and the perpetrators in customary marriage in Tewah District, Gunung Mas Regency are determined in the form of land. This research includes empirical research with the type of legal sociology. It is studied through a socio-legal qualitative approach which is analyzed through the theory of Legal Certainty. The results of this research are: the position of the perpetrator in the Dayak customary marriage is first, the position of the perpetrator as a dowry, second, the position of the perpetrator as a condition, third, the position of the perpetrator as a symbol of self-esteem. The implications of these findings are the need for a balance between traditional values and the economic ability of the prospective groom, as well as dialogue to adapt customary practices to current socio-economic conditions. This study demonstrates the importance of flexibility and adaptation in traditional practices to reduce excessive financial burden on individuals.

KEPASTIAN HUKUM AKTA PERJANJIAN TERKAIT PINJAM NAMA (NOMINEE) OLEH WARGA NEGARA ASING (WNA) DALAM JUAL BELI TANAH MENURUT UNDANGUNDANG POKOK AGRARIA.

Nominee agreements in buying and selling freehold land are prohibited according to applicable law. The phenomenon that occurs in society is that nominee agreements are still used by foreign citizens in buying and selling land. The formulation of the problem in this research is the legal consequences of a deed of agreement to borrow a name in the sale and purchase of land by a foreign citizen and what is the legal certainty of the deed of agreement regarding the borrowing of a name (nominee) by a foreign citizen (WNA) in the sale and purchase of land according to the Basic Agrarian Law. The legal theory used in this research is the theory of legal certainty by Jan Michiel Otto, the theory of legal consequences according to Soeroso. The method used in this research is a type of normative juridical research, namely legal library research or secondary and tertiary sources of legal materials. The research approaches used are the statutory approach, conceptual approach, case approach and analytical approach, and legal material collection techniques are carried out by identifying ang inventorying positive legal rules, book literature, journals and order sources of legal material. The analysis out using legal interpretation, including Grammatical Interpretation and Historical Interpretation ang analogy legal construction methods. From the results results can be obtained that the the legal implication on the nominee agreement to the land agreement by WNA are null and void because it does not meet the requirements to the Article 1320 Number 4 of the KUH Perdata and conflicted with the principle of Nationalism as emphasized in Article 26 Paragraph (2) UUPA so that parties related to the land agreement based on a nominee agreement shall be subject to civil liability. The legal certainty about the nominee agreement by the WNA to the land agreement based on the UUPA is carried out in a preventive manner by establishing statutory regulations that prohibit nominee agreements in relation to land rights so as to protect foreign nationals from possible losses and fraud that could threaten the security of foreign investment in Indonesia

The Importance of The Form of Notarial Deed in The Shari'ah Banking Deed for Legal Protection for Customers (Muhil) Who Are Just in Indonesia

The development of economic business in Indonesia today, especially in the banking sector, is not only in the conventional field system but has spread to the realm of shari'ah system economic business. Indonesian citizens are predominantly Muslim, so it will increasingly attract market share to take part in the shari'ah economic business. The shari'ah banking system is a banking system that has not long been going on in Indonesia, so it is an excellent opportunity to give birth to various forms of problems in practice that then harm the customers as the primary consumers of shari'ah banks. The presence of a shari'ah notary is still needed in Indonesia because what is needed is the format of the Standard Agreement deed with its provisions focusing on the shari'ah economy so as to ensure legal certainty and public security in shari'ah transactions. This research uses a normative juridical approach, which will strengthen the theory of legal certainty, legal protection, expediency, and justice. Therefore, the conclusion obtained by the need for a shari'ah notary is significant.

TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH SEMENTARA (PPATS) AKIBAT KELALAIAN DALAM PEMBUATAN AKTA JUAL BELI TANAH ATAS PERALIHAN HAK ATAS TANAH.

An agreement concluded by agreement between the policyholder and the insurance company as an insurer and providing benefits to third parties, is valid as law. However, the provision of disbursement of insurance claim funds can only be made if the insured dies. So there is often a misunderstanding among family members who think that life insurance claims funds are considered an inheritance and must automatically be handed over to their heirs. Beneficiaries in life insurance do not refer to heirs but to those whose names are listed in the life insurance agreement. How is the legal provision of the rights of beneficiaries of life insurance on the claim of heirs ab intestato in Civil Law and how is the legal certainty of the life insurance agreement that regulates the beneficiaries in the life insurance policy? The theory used in this study is the theory of legal certainty from Jan Michael Otto and Mulhadi insurance theory The method used in this study is the normative juridical method, namely legal research conducted by researching library materials or secondary data only. The research approach used is the approach of legislation, case approach, analytical approach and conceptual approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, researching library materials (books, scientific journals, research reports) and other sources of legal materials that are relevant to the legal issues under study. For technical analysis of legal material is done by systematic and grammatical interpretation. Based on the results of research conducted by the author, the life insurance agreement is not based on the provisions of inheritance law, so that the disbursement of insurance claim funds is given to beneficiaries as the contents of the agreement in the policy.

Implementation of Islamic Law in an Integrated Service System Organized Electronically by the National Land Office

Introduction: One of the important academic issues is in the form of a judge's decision in Case Number 811/Pdt.G/2020/PN.Medan, in the form of ratification of inherited objects. Its implementation is contrary to Article 24 paragraph (2) of the 1945 Constitution, The highest judicial power is exercised by the Supreme Court in UU no. 5 of 2004 concerning Amendments to Law Number 14 of 1985 concerning the Supreme Court, Law Number 5 of 2004, due to Pergub) Number 117 of 2019 as executor of Minister of Finance Regulation Number 32/PMK.03/2005 regulates profit sharing central and regional governments, Number 186/PMK/07/2010 and Number 53 of 2010 concerning the application of tax rates for the acquisition of land and building rights (BPHTB), as well as stipulating Regional Regulation (Pergub) Number 60 of 2021, not all of which can be processed as objects inheritance.Purposes of the Research: To analyze the Legal Basis for the Electronic/Online Integrated Service System Organized by the National Land Agency of North Jakarta Administrative City based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of National Land Agency RI Number 5 of 2017 concerning Electronic/Online Land Information Services , regarding the implementation of the Regulation of the Minister (Permen) of Agrarian and Spatial Planning of the Head of the National Land Agency of the Republic of Indonesia Number 16 of 2017 as the legal basis for the electronic/online Integrated Service System organized by the North Jakarta Administrative City Land Agency.Methods of the Research: This research method is normative-empirical with a case approach, statutory approach and comparative approach. The theories used are the theory of legal certainty, the theory of justice and the maqashid syari'ah theory. Primary data used are interviews, documentation and observation, secondary data is the Koran Hadith, laws, books and journals.Results of the Research: The results of the research are based on a. The legal basis for the Integrated Electronic/Online Service System Organized by the North Jakarta Administrative City National Land Agency (BPN), b. Implementation of the Integrated Service System (SiPandu) at the North Jakarta Administrative City National Land Agency (BPN), c. Problems with the Implementation of the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), Views of the North Jakarta Administrative City Council of Indonesian Ulemas (MUI) on the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), very contrary to the rules governing Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems (SPBE), Ministerial Regulation (Permen) of Agrarian Affairs and Spatial Planning (ATR) of the Head of the National Land Agency of the Republic of Indonesia (KBPN) Number 16 of 20212 is an amendment to Regulation of the Minister (Permen) of the State for Agrarian Affairs/Head of Agency Government Regulation Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration2 implemented by Number 5 of 2017 and Law Number 25 of 2009 concerning Public Services, development planning and the settlement of land conflict problems in the regions at the end of 2025 has E-Certificates throughout Indonesia, not the implementation through SiPandu electronically/online is held by the Land Agency of North Jakarta Administrative City

Implementation of Islamic Law in an Integrated Service System Organized Electronically by the National Land Office

Introduction: One of the important academic issues is in the form of a judge's decision in Case Number 811/Pdt.G/2020/PN.Medan, in the form of ratification of inherited objects. Its implementation is contrary to Article 24 paragraph (2) of the 1945 Constitution, The highest judicial power is exercised by the Supreme Court in UU no. 5 of 2004 concerning Amendments to Law Number 14 of 1985 concerning the Supreme Court, Law Number 5 of 2004, due to Pergub) Number 117 of 2019 as executor of Minister of Finance Regulation Number 32/PMK.03/2005 regulates profit sharing central and regional governments, Number 186/PMK/07/2010 and Number 53 of 2010 concerning the application of tax rates for the acquisition of land and building rights (BPHTB), as well as stipulating Regional Regulation (Pergub) Number 60 of 2021, not all of which can be processed as objects inheritance.Purposes of the Research: To analyze the Legal Basis for the Electronic/Online Integrated Service System Organized by the National Land Agency of North Jakarta Administrative City based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of National Land Agency RI Number 5 of 2017 concerning Electronic/Online Land Information Services , regarding the implementation of the Regulation of the Minister (Permen) of Agrarian and Spatial Planning of the Head of the National Land Agency of the Republic of Indonesia Number 16 of 2017 as the legal basis for the electronic/online Integrated Service System organized by the North Jakarta Administrative City Land Agency.Methods of the Research: This research method is normative-empirical with a case approach, statutory approach and comparative approach. The theories used are the theory of legal certainty, the theory of justice and the maqashid syari'ah theory. Primary data used are interviews, documentation and observation, secondary data is the Koran Hadith, laws, books and journals.Results of the Research: The results of the research are based on a. The legal basis for the Integrated Electronic/Online Service System Organized by the North Jakarta Administrative City National Land Agency (BPN), b. Implementation of the Integrated Service System (SiPandu) at the North Jakarta Administrative City National Land Agency (BPN), c. Problems with the Implementation of the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), Views of the North Jakarta Administrative City Council of Indonesian Ulemas (MUI) on the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), very contrary to the rules governing Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems (SPBE), Ministerial Regulation (Permen) of Agrarian Affairs and Spatial Planning (ATR) of the Head of the National Land Agency of the Republic of Indonesia (KBPN) Number 16 of 20212 is an amendment to Regulation of the Minister (Permen) of the State for Agrarian Affairs/Head of Agency Government Regulation Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration2 implemented by Number 5 of 2017 and Law Number 25 of 2009 concerning Public Services, development planning and the settlement of land conflict problems in the regions at the end of 2025 has E-Certificates throughout Indonesia, not the implementation through SiPandu electronically/online is held by the Land Agency of North Jakarta Administrative City

Kepastian Hukum Bagi Investor Fintech P2P Lending Dalam Kepailitan Bisnis Menggunakan Pendekatan Business Ready

This writing discusses the influence of legal certainty in the Bankruptcy and Delayed Debt Payment Obligation (PKPU) Law on investor interest in the Fintech Peer-to-Peer (P2P) Lending sector, using the legal certainty theory by Lon Fuller. A potential solution in the form of the B-Ready approach is also proposed to enhance legal certainty for investors through the revision of the Bankruptcy and PKPU Laws. This approach is normatively analyzed through statutory and conceptual approaches. Research findings indicate that the current Bankruptcy and PKPU Laws do not fulfill Fuller's eight elements of legal certainty, particularly regarding the prohibition of conflicting regulations and the alignment of rules with their practical application. This could potentially detrimentally affect investor interest in the Fintech P2P Lending sector due to legal uncertainty jeopardizing their investments. The B-Ready approach emerges as a potential solution by identifying seven aspects in the Draft Bankruptcy and PKPU Laws that can facilitate business ease for investors when facing business bankruptcy. Overall, a review of the Bankruptcy and PKPU Laws is crucial to establish a clearer and advantageous legal environment for investors in the Fintech P2P Lending sector. The B-Ready approach holds potential as a foundation for revising regulations, ensuring the necessary legal certainty for investors.

Kekuatan Pembuktian Alat Bukti Keterangan Terdakwa Dalam Persidangan Online

law enforcement officers. Trials usually held face-to-face in the courtroom have changed to online via video conference due to the implementation of health protocols to maintain distance. The defendant and the defendant's legal advisor in several cases refused online trials. The problem in this research is the strength of evidence and legal certainty of the defendant's testimony in online trials. There are several things that form the basis, including the Criminal Procedure Code, criminal case evidence, criminal law evidentiary theory, legal certainty theory and online trials. This research chooses to use normative juridical research methods through a statutory approach (The Statute Approach). Legal materials come from secondary data collected using the Snow Balls Method and then sorted into primary, secondary and tertiary legal materials. The results of this research are that the evidence of the defendant's statement provided electronically has the same strength as an offline trial and the legal certainty of the defendant's statement in the online trial is guaranteed by statutory regulations. Online meetings provide an expanded interpretation of space that is not limited to direct physical face-to-face meetings but also face-to-face in cyber/virtual worlds, not limited by distance and place. The laws and regulations governing the Supreme Court provide space to establish Supreme Court Regulations to regulate Criminal Procedure Law when these provisions are not yet regulated in the Criminal Code.

Effectiveness of Merging Compensation Claims in Criminal Cases: A Case Study of Decision Number 196/Pid.Sus/2021/PN. Jkt.Utr.

This study investigates the Efficiency of Combining Compensation Claims in Criminal Cases, focusing on Decision Number 196/Pid.Sus/2021/PN. Jkt.Utr. Crime victims' rights are addressed by Law Number 8 of 1981, specifically in Articles 98 to 101 of the Code of Criminal Procedure (KUHAP), while compensation in Civil Law is governed by Article 1365 of the Civil Code. However, seeking compensation through civil law procedures can be time-consuming. A normative juridical approach was employed, utilizing statutory analysis and a case study method. Primary, secondary, and tertiary legal materials provided secondary data. The analysis, framed by justice theory and legal certainty theory, reveals that merging compensation lawsuits with criminal cases under Article 98 of the Criminal Procedure Code can expedite resolution. Prerequisites for consolidation include alignment of defendant actions with charges, resulting losses, and a request from the aggrieved party to the Judge. This study underscores the potential of combining cases to streamline compensation claims, offering implications for enhancing victims' access to justice within the legal system.