Theory Of Legal Certainty Research Articles

KEPASTIAN HUKUM AKTA PERJANJIAN HUTANG PIUTANG DAN JAMINAN YANG DIJADIKAN DASAR JUAL BELI TANAH.


 
 
 
 Legal certainty in the context of the deed of agreement on debts and guarantees that are the basis for the purchase and sale of land. so that the parties involved in the transaction can obtain legal clarity and security regarding debt-receivable obligations and rights and responsibilities related to guarantees, creating a solid foundation for the implementation of land sale and purchase transactions. This study raises two problems, namely the legal consequences of the cancellation of the debt and accounts receivable agreement accompanied by a guarantee in the sale and purchase of land and legal certainty deed of debt and Accounts Receivable Agreement and guarantee as the basis for sale and purchase by using the theory of legal consequences and The Theory of legal certainty. The method used in this study with the type of normative research is legal research with secondary data using primary, secondary and tertiary sources of legal materials. The research approach used is the approach of legislation, conceptual, case, and analytical and legal material collection techniques carried out by identifying and inventorying positive legal rules, researching library materials and other sources of legal materials relevant to the legal issues under study. Legal material analysis technique is done by legal interpretation (interpretation) grammatical, historical and systematic The results of this study that the legal certainty in the deed of agreement payable receivable for the sale and purchase of land form a solid foundation for the parties involved. Clarity regarding debt-receivable obligations and collateral-related responsibilities creates a stable legal environment, not only minimizing the potential for conflict, but also allowing transactionists to operate with confidence within a reliable legal framework. The role of the guarantee in the deed is the foundation that provides protection and trust in the land sale and purchase transaction, creating security for the creditor and confidence for the loan recipient. With clear guarantees, transaction actors can face the process of buying and selling land with more confidence, reducing financial risks that may arise.
 
 
 

Obligation to Submit Tax Data and Information From Agencies, Institutions, Associations, and Other Parties To Maintain The Authority of Law and The State

Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Procedures for Taxation and Government Regulation Number 31 of 2012 concerning the Provision and Collection of Data and Information relating to Taxation have regulated that every government agency, institutions, associations and other parties (ILAP), are obliged to provide data and information relating to taxation to the Directorate General of Taxes (DJP), the provisions of which are regulated by Government Regulations. Even though Article 41C of Law No. 28 of 2007 regulates a maximum prison sentence of 1 year and a fine of 1 billion for people who deliberately do not carry out obligations as regulated in Article 35A, in practice the provision of submission of tax data and information from ILAP does not work. properly. To realize the implementation of these obligations, the DJP took another approach through the creation of a Memorandum of Understanding/ Agreement/MoU to a Cooperation Agreement in order to obtain tax data and information from the ILAP. The research study used in writing research methods focuses on and examines the application of rules and norms in positive law. Using Legal Certainty Theory by Gustav Radbruch. The results of the research, what was found was that the implementation of the obligation to submit tax data and information from ILAP did not run in accordance with positive law, namely Article 35A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures. . Researchers suggest changes to norms in Article 35A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures to include a mechanism for signing a Memorandum of Understanding/Memorandum of Understanding (MoU). /Cooperation Agreement (PKS) as an alternative solution for collecting tax data and information so that legal and state authority can be maintained.

KEPASTIAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN TANPA SEPENGETAHUAN KURATOR ATAS HARTA DEBITOR PAILIT DAN AKIBAT HUKUMNYA


 
 
 
 
 
 
 
 Bankruptcy is a general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the curator under the supervision of the Supervising Judge. The debtor by law loses his right to control and take care of his property included in the bankruptcy estate from the date of the decision on the declaration of bankruptcy. The phenomenon that occurs is the transfer of the bankrupt debtor's property to another party after the bankruptcy decision is pronounced by The Commercial Court without the knowledge of the curator by making a deed of granting mortgage rights to the bankrupt debtor's property. The theory used in this writing is the theory of legal consequences according to Soeroso and the theory of legal certainty according to Jan Michiel Otto. The method used in this study with the type of normative research is legal research with secondary data using primary, secondary and tertiary sources of legal materials. The research approach used is the approach of legislation, conceptual, case, and analytical and legal material collection techniques carried out by identifying and inventorying positive legal rules, researching library materials and other sources of legal materials relevant to the legal issues under study. Legal material analysis technique is done by legal interpretation (interpretation) grammatical, historical and systematic.
 From the results obtained that the legal consequences of the deed of granting the mortgage without the knowledge of the curator of the bankrupt debtor's property is the deed of granting the mortgage is null and void, with the decision of the judge whose status has permanent legal force which gives sanctions in the form of cancellation of the deed of granting the mortgage, is a manifestation of the legal consequences. As for the legal certainty of the deed of granting a mortgage without the knowledge of the curator of the bankrupt debtor's property does not have legal certainty, with the judge's decision whose status has permanent legal force which states that the deed of granting the mortgage is null and void, the legal certainty of the deed of granting the mortgage has been realized.
 
 
 
 
 
 
 

KEPASTIAN HUKUM KEKUATAN AKTA OTENTIK TERHADAP PARA PENGHADAP YANG MENGANDUNG KLAUSULA EKSONERASI DIKAITKAN DENGAN TANGGUNG JAWAB NOTARIS.


 
 
 
 Notaries are authorised to make authentic deeds and other authorities as referred to in Law Number 2 of 2014 on the Amendment to Law Number 30 of 2004 on the Office of Notary. Article 1338 of the Civil Code regarding the principle of freedom of contract and Article 1337 of the Civil Code regarding halal causa. In carrying out their duties and positions, Notaries embed exoneration clauses in their deeds as a form of vigilance from matters arising from the parties in their deeds. The theories used in this research are Hans Kelsen theory of responsibility and Jan Michael Otto theory of legal certainty. The method used in this research is normative juridical law supported by interviews, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The research approaches used are statute approach, conceptual approach, analytical approach, and case approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, examining library materials (books, scientific journals, research reports), and other sources of legal materials. The technique of analysing legal materials is carried out by systematic interpretation. From the research conducted by the author, it can be concluded that the responsibility that can be imposed on the Notary is the responsibility based on the fault of the Notary. That a Notary is responsible for his or her own offence and not the offence committed by the confronters. As well as the legal certainty of an authentic deed made before a Notary as a public official containing an exoneration clause that the inclusion of an exoneration clause in the Notary deed is not explicitly regulated in the Notary Office Law regarding whether or not the use of the clause is prohibited. Therefore, the inclusion of the exoneration clause may or may not exist in the Notarial deed, and the inclusion of the exoneration clause is intended to anticipate any manipulation or fraud committed by the parties.
 
 
 

LEGALITAS PERUBAHAN TUNTUTAN PADA JAWABAN PENUNTUT UMUM ATAS PLEDOOI TERDAKWA DARI PERSPEKTIF HUKUM ACARA PIDANA.

In making the prosecution letter, apart from being based on evidence to assess the trial facts which support the criminal act committed by the Defendant, the Public Prosecutor also refers to the prosecution guidelines. Even though the prosecution guidelines have been determined both in the Criminal Procedure Code and in the Attorney General's Guidelines Number 24 of 2021 concerning Handling of General Crime Cases, there is no discussion regarding the mechanism for changing the charges either immediately after reading the charges or after the Defendant or his Legal Counsel read the defense (pleidooi). The legal theory used is the Theory of Legal Certainty and the Theory of Prosecution Authority. The research method used in this research is a normative juridical approach which is supported by empirical juridical with detailed descriptions, namely a research that begins deductively with an analysis of the articles in statutory regulations related to the Legality of Changes to Claims in the Public Prosecutor's Answer to the Defendant's Pledooi from a Legal Perspective Criminal Procedure. Apart from that, premier data is also used as supporting legal material for secondary data. The legal material analysis technique used is a normative juridical method which aims to provide a prescriptive study with interpretive analysis. The research results show that legal capacity in Law no. 8 of 1980 concerning the Criminal Procedure Code which is implemented in the form of the Principle of Legality in formal criminal law (nullum iudicium sine lege) has been distorted due to changes in the substance of the demands by the Public Prosecutor in the Karawang District Court criminal case Number 256/Pid.Sus/ 2021/PN Kwg, which previously charged the defendant with imprisonment, now demands acquittal. The prosecution is not in line with the provisions of Article 3 of the Criminal Procedure Code which states that trials are carried out in the manner regulated in this law. The authority of the Prosecutor in the event that the Public Prosecutor changes the substance of the charges in the Karawang District Court criminal case Number 256/Pid.Sus/2021/PN Kwg, which previously charged the defendant with imprisonment to demand acquittal has not been accommodated by the Criminal Procedure Code. This is caused by the logical consequences of the provisions of Article 139 of the Criminal Procedure Code. In this provision, the Criminal Procedure Code has from the start given the authority to the Public Prosecutor to determine whether the case file meets the requirements to be able to be transferred to the Court or not. The Public Prosecutor is obliged to hand over the case to the Court with a request to immediately try the case. This is in line with the principle of actori incumbit onus probandi which is known in criminal evidence law.Top of Form

KEPASTIAN HUKUM AKTA PERJANJIAN KERJASAMA ANTARA PEMERITAH DKI JAKARTA DENGAN PIHAK PENGEMBANG TERKAIT PEMENUHAN KEWAJIBAN FASILITAS SOSIAL DAN FASILITAS UMUM YANG TELAH DISETUJUI DALAM SURAT IZIN PENUNJUKAN PENGGUNAAN TANAH (SIPPT).


 
 
 
 Legal certainty regarding the Deed of Cooperation Agreement between the Regional Government of DKI Jakarta and the Developer regarding providing social and public health obligations in the Land Use Designation Letter (SIPPT), has been regulated in the Civil Code and DKI Jakarta Regional Regulation Number 7 of 2002 concerning Public Infrastructure, Facilities and Utilities, but it has been implemented what happens is not fulfilling its obligations. The formulation of the problem in this research is how the authority of the Regional Government of DKI Jakarta is related to the non-fulfillment of social and social infrastructure obligations in the SIPPT by the floating party, and how is the legal certainty of the deed of cooperation agreement between the Regional Government of DKI Jakarta and the relevant Floating Party containing the social and public welfare obligations in the SIPPT. Legal theories used in this research: Authority Theory according to Bagir Manan and Legal Certainty Theory according to Gustav Radbruch. The method used in this research is a type of normative juridical research, namely legal library research or secondary data with primary, secondary and tertiary sources of legal materials. The research approaches used are the Legislative, Conceptual, Case and Analytical Approaches and techniques for collecting legal materials are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. The analysis technique for legal materials is carried out using Grammatical Interpretation and Systematic Interpretation. The results of this research indicate that the DKI Jakarta Government has the authority to collect, supervise, prohibit, complete maintenance, provide administrative sanctions and criminal sanctions for providing social and public health obligations to developers in accordance with DKI Jakarta Regional Regulation Number 7 of 2002 concerning Public Infrastructure, Facilities and Utilities. The commitment and professionalism of DKI Jakarta Regional Government officials to carry out their authority by providing strict sanctions to developers who do not carry out their obligations. Legal certainty regarding the deed of cooperation agreement between the DKI Jakarta Government and the Developer regarding social and public facilities obligations in accordance with the Land Use Designation Permit (SIPPT), has legal certainty in accordance with the Pacta Sunt Servanda Principle where the agreement is valid as law for the party making it. Changes to the agreement are possible as long as both parties agree to it in the form of an addendum to the agreement, however non-implementation of the agreement is a breach of contract which can be sued in court.
 
 
 

Kepastian Hukum bagi Pesantren dalam Pendirian Badan Usaha Pesantren

Islamic boarding schools as institutions that grow and develop together with the community have the potential to empower the community through business entities. Community trust in Islamic boarding schools is the basic capital for Islamic boarding schools to be able to establish business entities that are oriented towards community empowerment. Business entities in Islamic boarding schools have been mentioned in Law No. 18 of 2019, however, in the implementation of the establishment of Islamic boarding school business entities, they still refer to previously existing regulations. On the other hand, the Islamic boarding school law states that Islamic boarding schools in their activities, including community empowerment through the establishment of business entities, must maintain the characteristics, uniqueness, ideals and character of Islamic boarding schools so that in this case there is a legal vacuum. In this research, researchers used the theory of legal certainty and the theory of development law. Method The research approach used is a normative juridical approach and the type of research is qualitative research. The sources of legal material for this research were obtained from primary and secondary data sources. Where the primary source material is legislation and ministerial regulations. Meanwhile secondary data sources were obtained from literature studies, from various books, journals, and the internet. The data collection technique in this research uses library study techniques. Based on the research results, the regulation of legal certainty for Islamic boarding schools in carrying out business entity activities is mentioned in Article 45 of Law No. 18 of 2019. However, in establishing and managing business entities in Islamic boarding schools, regulations need to be issued that regulate them. This is necessary so that Islamic boarding schools in carrying out business activities still maintain the characteristics, uniqueness, character and ideals of Islamic boarding schools in accordance with articles 4 and 8 of Law No. 18 of 2019 concerning Islamic boarding schools. so that legal certainty, development, renewal and empowerment of society through Islamic boarding school business entities can be realized.

Analysis of Certificate Checking Activities in the Context of Registration of Transfer of Rights Due to Legal Events at the South Tangerang City Land Office

This article aims to find out how land registration activities are carried out by the Government for the benefit of the people in order to guarantee legal certainty in the land sector. The problem focuses on the land rights registration system, the recording of which describes a detailed summary regarding the occurrence of property ownership and changes thereto, or other transactions that affect a property right. In order to approach this problem, theoretical references from several sources are used, including (1) legal protection theory; (2) theory of legal certainty. Data is collected through several sources such as interviews, observation results, events or test results of objects or documents in the form of books, journals, notes or other archives that are related and analyzed qualitatively. This study concludes that based on the urgency of the problem, the system for checking and registering land title certificates is carried out using an electronic system. The certificate check is carried out by the PPAT before the deed is made which is the basis for the legal act of transferring/assigning land rights. PPAT has the authority to check, copy, validate and register land title certificates as regulated in UUPA PP No. 24 of 1997 and PP no. 37 of 1998. The output of this system is in the form of printed documents in electronic form. In this case, the electronic document referred to is an electronic certificate or e-certificate.

KEPASTIAN HUKUM PENGAWASAN MAJELIS PENGAWAS NOTARIS (MPN) TERKAIT NOTARIS YANG MELAKUKAN RANGKAP JABATAN.


 
 
 
 The Notary Supervisory Council is a body that has the authority and obligation to carry out guidance and supervision of Notaries. The Notary Supervisory Council is divided into the Central Supervisory Council, Regional Supervisory Council, and Regional Supervisory Council. The aim of supervision is to ensure that Notaries when carrying out their official duties fulfill all requirements relating to the implementation of the duties of a Notary. Supervision by the Notary Supervisory Board is carried out repressively. The theory used in this research is the Theory of Legal Certainty according to Gustav Radbruch, the Theory of Legal Supervision according to Lyndal F. Urwick and Stephen Robein. The method used in this research is normative juridical (library law research or secondary data with primary, secondary and tertiary legal material sources), coupled with interviews as complementary data. The research approaches used are statutory, case, analytical and conceptual approaches with legal material collection techniques carried out by identifying and inventorying legal rules, book literature and other legal materials. Legal material analysis techniques are carried out using grammatical legal interpretation and systematic interpretation. From the results of the research, it was concluded that in order to carry out the function of supervision and guidance for Notaries, the Notary Supervisory Council has the role of supervising the party not only aimed at complying with the code of ethics but also has a broader aim, namely that the Notary in carrying out his duties fulfills the requirements. determined by statutory regulations for the protection of the interests of the community it serves. The Notary Supervisory Council has the authority to supervise, examine and impose sanctions on Notaries. In the event that a Notary commits a violation of holding multiple positions, the Notary is not authorized to make a deed and the deed cannot be treated as an authentic deed, so the deed is only a private deed.
 
 
 

Legal Certainity of The Probationary Period Regulation For Employees of Regional Water Company

The legal conflict regarding the probationary period between the Employment Law and the Ministry of Home Affairs Regulation concerns the regulation of the probationary period, where the Employment Law stipulates that the probationary period should not exceed 3 (three) months. However, the Ministry of Home Affairs Regulation states a minimum of 3 months and a maximum of 6 months for the probationary period. Based on this, the research question of this paper is formulated as follows: What are the provisions of the Probationary Period in Article 33 Paragraph (2) of the Minister of Home Affairs Regulation on the Organization and Personnel of Regional Drinking Water Companies in terms of the Principle of Legal Certainty? The writing of this paper uses a normative juridical method with the Statue Approach and Analytical Approach. In analysing this research, several theories are employed, including the theory of legal certainty, the theory of norm hierarchy, and the theory of norm conflict. The researcher obtains answers to the existing problems by analysing the legal certainty of the probationary period regulation. In terms of the theory of legal certainty by Jan Michiel Otto, it aligns with Lord Lyod's opinion on the meaning of legal certainty, which is consistent, stable, and clear. The regulation in Article 33 Paragraph (2) of the Ministry of Home Affairs Regulation does not meet the principle of legal certainty. While the regulation in the Ministry of Home Affairs Regulation in Article 33 Paragraph (2) is consistent and clear, it lacks consistency. This is because the regulation should comply with labour laws where the maximum probationary period is 3 months, while in the Ministry of Home Affairs Regulation, the probationary period is a minimum of 3 months and a maximum of 6 months.

Legal Culture Obligation to Submit Tax Data and Information from Agencies, Institutions, Associations, and Other Parties

Law Number 28 of 2007 and Government Regulation Number 31 of 2012 mandate the provision of tax data by government agencies, institutions, associations and other parties (ILAP) to the Directorate General of Taxes (DJP). Even though criminal sanctions have been regulated, the implementation of these obligations is not optimal. DJP adopted alternative methods, such as a Memorandum of Understanding/MoU, to obtain tax data from ILAP. This research uses a research method that focuses on positive law with the theory of legal certainty by Gustav Radbruch, the theory of authority by Max Weber, and the theory of taxation by Adam Smith. The results of the research show that there is a discrepancy in the implementation of the obligation to submit tax data with positive law and the theory of legal certainty. Steps are needed to create a Memorandum of Understanding/Agreement/MoU up to a Cooperation Agreement by the DJP with ILAP to make the obligation to submit tax data and information from ILAP run smoothly in accordance with the study. theory of authority by Max Weber. To realize legal certainty in these regulations and to increase state revenues in accordance with the study of tax theory by Adam Smith, it is recommended that there be changes to norms in Law Number 28 of 2007 by adding an article regarding the making of a Memorandum of Understanding/MoU/Cooperation Agreement to increase legal certainty. and contribution to state revenue.Keywords: Reconstruction of Obligations; Data Submission; Tax Information; Legal certainty

Dissenting Opinion of Corruption Court Judges as a Form of Freedom and Legal Reform in Indonesia

The existence of dissenting opinions is a step in organizing law enforcement. This is also an important issue in organizing judicial power in relation to the 1945 Constitution and Law No. 48/2009 on Judicial Power. In Indonesia itself, judges are allowed to give dissenting opinions, although there has never been a clear definition of dissenting opinions. In Anglo-Saxon law, dissenting opinions have become commonplace, and these dissenting opinions often form new laws. This is in line with the term "judge made law". Therefore, the existence of dissenting opinion is very important, because it can continue to update the existing law.This research includes normative or doctrinal legal analysis because it wants an accurate and clear picture of the judge's dissenting opinion on the verdict of a corruption case. To explain and find answers to problems, theories are used as the basis for analysis, namely Legal Certainty Theory, Judicial Power Theory, Evidence Theory, Legal Construction Theory, and Sentencing Theory.The impact of the application of dissenting opinions by judges is an instrument towards a better quality of law enforcement, not just a matter of majority and minority in the consideration of judges but a consideration of whether or not a criminal offense has been proven. Therefore, further regulation of the conception of dissenting opinions in Indonesia is important. Legal reform of the Criminal Procedure Code in Indonesia and dissenting opinions must be regulated in the Criminal Procedure Code, precisely in the decree article 197, so that it becomes part of the consideration of a decision. The mechanism for entering dissenting opinions needs to be further regulated so that it becomes a form of transparency to the public.

The Regulations of The Law Concerning Hate Speech Offenses

Objective: This research aims to examine the legal regulations of hate speech crimes in the ITE Law and the Indonesian Criminal Code (KUHP), and further explore the resolution of hate speech conflicts. Theoretical Framework: The theoretical foundations include Legal Certainty theory, Law Enforcement theory, and Legal Convergence theory concerning hate speech conflict resolution following the principle of legal certainty. Method: This study employs a qualitative normative approach (doctrinal) utilizing various legal instruments and indirect observation through conceptual, historical, legal, comparative, and case study approaches. Data collection involves literature review and field research through interviews. The data are analyzed qualitatively, generating descriptive data to reveal legal issues. Findings and Conclusion: The main findings indicate that Article 28 paragraph (2) of the ITE Law still leads to multiple interpretations. The absence of the term "incitement" allows subjective interpretation and constitutes a very broad formulation. A comparison of hate speech crimes in Article 28 Paragraph (2) Jo Article 45A Paragraph (2) of the ITE Law with Article 243 Paragraph (1) and Paragraph (2) of the new Indonesian Criminal Code shows significant differences in terms of elements of the crime, general criminal law principles, additional penalties, lower/proportional sanctions, public virtual domain, integrated codification, and expanded meanings. Originality/Value: This paper recommends urging the government to refine hate speech regulations to prevent multiple interpretations and emphasizes the need for guidelines in law enforcement application.

KEPASTIAN HUKUM WILAYAH KERJA PENGUSAHAAN PANAS BUMI EX KONTRAK OPERASI BERSAMA DIENG DAN PATUHA DALAM KERANGKA PERIZINAN PANAS BUMI DI INDONESIA

Legal certainty in the area of geothermal energy exploitation is very important to ensure the sustainability of geothermal operations in Indonesia. One interesting case to be analyzed is the joint operation contract in the Dieng and Patuha areas. Legal certainty regarding geothermal licensing in these areas has a significant impact on investment and the development of geothermal technology in Indonesia. This study aims to find out the legal status of the Decree of the Minister of Energy and Mineral Resources No. 2789 K/30/MEM/2012 and Minister of Energy and Mineral Resources Decree No. 2192K/30/MEM/2014 reviewed with the licensing theory and legal certainty theory. This study uses a normative legal method with a juridical-normative approach. The results found that the legal product from the geothermal authority in the form of a Decree of the Minister of Energy and Mineral Resources concerning Affirmation of the Working Area for Geothermal Resources Concession has an impact on the absence of legal certainty even though the existing regulations are sufficient to regulate geothermal permits. This should be an urgency to implement laws that apply as a form of guaranteeing absolute legal certainty. Keywords: Geothermal, Licensing, Dieng-Patuha, Legal Certainty, Urgency

Rekonstruksi Penegakan Sanksi Pidana Terhadap Justice Collaborator dalam Perspektif Kepastian Hukum dan Keadilan

Law enforcement is an important aspect of a legal system, where a good law enforcement will achieve the rule of law. Law enforcement cannot be separated from enforcing sanctions and procedural enforcement. In the realm of criminal law, the enforcement of sanctions against perpetrators of criminal acts should be in accordance with the norms that set out in statutory regulations and fulfill the legal certainty and justice. However, enforcement of sanctions must also consider certain reasons that cause criminal sanctions to fulfill a sense of justice without eliminating the certainty of law, one of which is the enforcement of sanctions against Justice Collaborators. For this reason, it is necessary to reconstruct the enforcement of criminal sanctions against Justice Collaborators. The research methods used in this paper is Normative Juridical, with a conceptual approaches, cases and statutory approach, with the theory of legal certainty and justice. Based on this, the reconstruction that can be carried out is to determine the amount of imprisonment in the statutory regulations toward Justice Collaborators by providing leniency (imprisonment) as much as half of the maximum sanction from the article charged.

Harmonization of Online Mortgage Regulations as a Form of Legal Certainty

Objective: The topic of this study is the obligations and role of a notary in the registration of electronic mortgages under the conditions of the 2019 Mortgage Law and the 2019 ATR/BPN Ministerial Regulation No. 9. Legal clarity in the procedures used to electronically register mortgages. Theoritical Framework: The author employed Gustav Radbruch's theory of legal certainty to analyse the issues with this study. Legal certainty can be attained through the application of penalties to legal subjects, including people and legal entities, which places more emphasis on the process of implementation than the results of it. When it comes to taking legal action when the contract's execution is in default or even when it has been achieved, certainty offers clarity. Method: This research is included in the category of normative legal research, which analyses laws and regulations in a coherent legal system. The comparative methodologies are used to compare laws and legal systems which contain the principles and governing norms that arise from a set of legal objectives. Result and Conclussion: Land is important and can even be used as development capital within the framework for national development. The registrant must complete a process and satisfy requirements relating to the registration of mortgage rights before a mortgage certificate can be realized. In general, the owner must grant the mortgage himself. This enables the mortgage giver to appoint a substitute should he be unable to attend the PPAT in person. Land deed making official (PPAT) is one of the users of electronic mortgage services. Officials for drafting land deeds (PPAT) are required to be registered in the Work Partner Application since they are the institution entitled to undertake the process of registering Mortgage services online. Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 5 of 2020 on Electronically Integrated Mortgage Services provides legal certainty for mortgage givers, mortgage beneficiaries, and third parties. Using Ministerial Regulations as the legal basis for the implementation of electronic land registration is not entirely correct because, in many property dispute cases, the government loses because the regulatory criteria are too loose. Research Implications: Implementation complies with the rules to register Mortgage Rights electronically in accordance with the provisions of Article 10 addressing the role of officials creating land deeds (PPAT) during the registration process. For the integrity and authenticity of electronic documents, the Mortgage certificate issued by the Electronic Mortgage system is given a signature using electronic devices used as verification and authentication tools. Of course legal certainty is guaranteed for all parties, both officials making land deeds (PPAT), and the Agrarian and Spatial Planning Office / Land Agency. Originality/Value: The Law on Rights of Dependents and the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 conflict, making it impossible to apply electronic registration of dependent rights because the UUHT is still in effect and does not grant the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency delegate authority.

KEPASTIAN HUKUM EKSEKUSI JAMINAN PERORANGAN (PERSONAL GUARANTEE) ATAS PENYELESAIAN KREDIT MACET BANK MELALUI PERANGKAT KEPAILITAN

Aspects of legal certainty in the context of the execution of personal guarantee against the settlement of bad loans through the institution of bankruptcy. The main focus of the study was to analyze the legal framework that governs the process of execution of guarantees of individuals when banks face bad debts and decide to use the bankruptcy mechanism. Through a legal approach and comparative analysis, this study highlights the obstacles that may arise in ensuring legal certainty in this process, as well as the implications for the parties involved, this study raises the issue of how the limitation of the individual guarantor (Personal Guarantee) to be responsible for the settlement of bad debts secured debtors and how the legal certainty of the execution of the guarantee of individuals (Personal Guarantee) on the settlement of bad debts through the bank insolvency institution?using Gustav Radburch's theory of legal certainty and Hans Kelsen's theory of legal responsibility. The research methodology employed in this study is normative juridical research, which combines interviews with library law research utilizing primary, secondary, and tertiary legal sources. The research approach encompasses the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. The technique used to gather legal materials involves identifying and cataloging positive legal rules, literature books, journals, and other relevant legal sources. The analysis of legal materials involves legal interpretation, systematic interpretation, and legal construction methods. Hasil Penelitian ini adalah Personal Guarantee bertanggung jawab atas pembayaran hutang kepada Kreditur jika Debitur wanprestasi, dan pertanggungjawaban tersebut terpenuhi selama Personal Guarantee mampu. Jika tidak mampu lagi, seperti saat harta sudah habis atau pailit, langkah selanjutnya adalah menunjuk penanggung baru atau mengganti dengan jaminan kebendaan. The result of this study is that the Personal Guarantee is responsible for the payment of debts to creditors if the debtor defaults, and the responsibility is fulfilled as long as the Personal Guarantee is capable. In case of incapacity, such as when the property is exhausted or insolvent, the next step is to appoint a new insurer or replace it with a material guarantee and the Personal Guarantee liability can be distinguished: which does not renounce its privileges, allows demands or execution after the debtor's property has been confiscated or sold for payment of the debtor's debt; while waiving its privileges, it allows creditors to demand accountability or direct execution of the Personal Guarantee and the position of the Personal Guarantee can change like a debtor when the debtor it guarantees defaults, allowing the Personal Guarantee to be terminated by bankruptcy under certain conditions. Through this bankruptcy institution, creditors can demand Personal Guarantee liability in the settlement of bad debts of secured debtors. This provides legal certainty for creditors

The Contestation of Authority in Islamic Marriage Law Indonesia

This article describes the contestation between government authorities and religious scholars (ulemas) in the creation of marriage laws in Aceh. The research data were derived from observations, interviews, and documentation, constituting a qualitative study with a theoretical framework based on the relationship between the state and religion, as well as the Theory of Legal Certainty, employing a socio-legal approach. The findings of this study illustrated that the authority of the ulemas was manifested through the issuance of fatwas by Acehnese ulemas, which also operated in society illegally. On the other hand, government authority was realized through the enactment of marriage laws and the Islamic Criminal Code (KHI) implemented by government institutions. The fragmentation and contestation of these authorities occurred following the enactment of the Special Autonomy Law, which granted authority to the ulemas to issue fatwas. As a result, dualism in marriage laws emerged in Aceh, leading to various issues such as legal uncertainty, a lack of trust in state institutions, and the proliferation of illegal marriages in Aceh. Additionally, Acehnese ulemas sought to establish their own local laws for Aceh, independent of national marriage laws. Therefore, it is imperative to establish Aceh's marriage laws through regional regulations (qanun) while accommodating the fatwas issued by Acehnese ulemas.

Review of the National Police Chief's Policy Regarding Decree Number Kep/613/III/2021 Maintaining Public Security and Order in Certain Areas

After the policy of the Chief of Police issued his Decree Number: 613/III/2021 dated March 23, 2021 so that the authority of the Sector Police is reduced to only carrying out investigative activities including receiving reports, requesting information, visiting crime scene, collecting evidence but also to delegate the case to the Resort Police if the crime is continued into the investigations stage, if the crime is continued to the investigation stage it must be delegated to a higher unit, namely the Resort Police. This research is based on the theory of legal certainty and hierarchy. The legal status of the Decree of the Chief of Police Number Kep/613/11/2021 concerning Appointment of Sector Police Only to Maintain Public Security and Order in Certain Areas (Not Conducting Investigations) is that the Decree of the Chief of Police is categorized as a beleidsregel (policy regulation). The Polsek focuses on aspects of Kamtibmas, being in the midst of society, prioritizing the main tasks of protecting, nurturing and serving the community by carrying out pre-emptive and preventive activities rather than repressive and the effectiveness of investigations is handed over to the upper unit level, namely the Polres. Then the decision of the Head of the National Police to remove the investigative authority at the Polsek in the study of criminal law policies is quite rational within the framework of non-penal efforts to solely enforce the law for the realization of security and public order. The impact of the issuance of the decision to stop investigations and investigations at the Polsek, the stipulation of the Decree of the head of the National Police of the Republic of Indonesia Number: Kep/613/III/2021 made it difficult for the community. People who live far from the Polres use paid transportation and are not ready for transportation. The police are unable to handle cases. The community feels that the authority of the police is burdened in enforcing the law because it is more expensive. Abolishing investigative powers is also beneficial for the police, because basically law enforcers must be closely monitored, while so far supervision at the police level has been very weak. Eliminating the right to investigate can minimize the potential for abuse of authority. Another advantage, the abolition of investigative authority can also make the Police closer and become friends of the community. Because on the one hand the police can focus more on working with the community to maintain order, and on the other hand eliminate negative perceptions such as repression that generally arise when they handle cases.

Dualisme Kebijakan Terkait Organisasi Advokat Dalam Putusan Mahkamah Konstitusi No.101/PPU -VII/2009 dan Surat Ketua Mahkamah Agung No.73/KMA/HK.01/IX/2015)

The single bar association system adopted by Law no. 18 of 2003 concerning Advocates, which was originally used as an organizational legal umbrella that overshadowed or accommodated advocate professions in their recent careers, is currently experiencing polemics regarding legality and also ambiguity about which organization is legitimate, namely between PERADI and KAI, which claim to be legitimate organizations. Therefore it is necessary to review whether the single bar association system needs to be changed to a multi bar association system to meet the needs especially for advocates and prospective advocates so that there is no fighting over rights and authorities as a single advocate organization in Indonesia. This research is a type of normative juridical research or library research, using two approaches, namely the statutory approach and the conceptual approach which are related to the implications of the Constitutional Court Decision No.101/PPU- VII/2009, Letter of Chairman of the Supreme Court No.73/KMA/HK.01/IX/2015 and Law Number 18 of 2003 concerning Advocates related to the change from a single bar association system to a multi bar association using Gustav Radbruch's Theory of Legal Certainty. As for the research results from policy changes related to the single bar association system to become multi bar association in the substance of the revision of Law no. 18 of 2003 concerning Advocates and the Decision of the Constitutional Court No.101/PPU-VII/2009 and Letter of Chief Justice of the Supreme Court No.73/KMA/HK.01/IX/2015 are in accordance with Gustav Radbruch's Theory that the purpose of the change is none other than not to provide benefits (zwech matigheid or doelmatigheid or utility), legal certainty (rechtmatigheid) and achieving justice (gerectigheit) for the advocacy profession, especially for prospective avocados from various organizations to be sworn in after fulfilling the requirements as an advocate. Keywords: Policy Dualism; Single Bars; Multi Bars