Legal Material Collection Techniques Research Articles

Kewenangan Pemerintah Daerah Dalam Perjanjian Kerjasama Internasional

Introduction: The development of the international community which has an impact on political and economic regionalization also has demands for local autonomy affecting patterns of international relations, in line with this, new actors have emerged where local governments have played a role in entering into international cooperation agreements.Purposes of the Research: This writing aims to identify and analyze the position of local government as a legal subject in international cooperation agreements and to determine and analyze the form of local government authority in entering into international cooperation agreements.Methods of the Research: The research method used is normative juridical with a problem approach using a statutory approach and a conceptual approach. The legal materials used consist of primary and secondary legal materials with legal material collection techniques carried out through library research.Results of the Research: The results of this study conclude that the regional government in entering into international cooperation agreements cannot be seen as a proper subject of international law, in entering into international cooperation agreements the position of the regional government remains a representation of the state. The form of regional government authority in entering into international agreements is a combination of delegation and mandate because it is a pre-existing delegation of authority from the center to the regions and acts on behalf of the state, in this case the authority giver.

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.
 
 
 

KEPASTIAN HUKUM PENGAWASAN KOPERASI TERKAIT KESALAHAN PENGELOLAAN KOPERASI DAN TANGGUNG JAWABNYA.

The duties of the Cooperative Supervisor include supervising the implementation of the policy and management of the Cooperative, with the duties attached to his position, of course the Cooperative Supervisor can prevent any form of deviation in the management of the Cooperative's business to achieve the objectives of the Cooperative. In reality, not a few of the Cooperatives experienced mismanagement of the Cooperative's business which resulted in the failure of the refund of Members deposits by the Cooperative. The mismanagement of the Cooperative's business has a correlation with the Cooperative's internal supervisory function. The formulation of the problem in this research is how is the responsibility of the Cooperative Supervisor related to the mismanagement of the Cooperative? and How is the legal position of the Cooperative Supervisor related to the mismanagement of the Cooperative? The theories used as an analytical tool in this research are legal certainty and legal liability. The method used in this research is normative juridical research, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The research approach used is a statutory approach, case approach, conceptual approach and analytical approach, with legal material collection techniques carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal material. For legal material analysis techniques carried out by systematic interpretation and teleological interpretation. From the results of the research, it can be concluded that in supervising the implementation of the policy and management of the Cooperative, the Cooperative Supervisor is responsible to the Members' Meeting. The Cooperative Supervisor can be held accountable in the event of mismanagement of the Cooperative business due to his actions. The position of the Cooperative Supervisor is regulated in Article 21 of Law No. 25 of 1992 in conjunction with Article 21 of Law No. 6 of 2023. Suggestions in this study are that the Cooperative Supervisor should have a sense of responsibility and be professional in carrying out his duties and the Government together with the Indonesian House of Representatives must immediately revise Law No. 25 of 1992 or Law No. 6 of 2023 or form a new Cooperative Law by including provisions on sanctions and benchmarks or the scope of duties of the Cooperative Supervisor

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.
 
 
 
 
 
 
 

LEGAL POLITICS CHILD PROTECTION BASED ON LAW NO. 1 YEAR 2023 ON THE CRIMINAL CODE

The formulation and drafting of Law Number 1 Year 2023 on the Criminal Code (hereinafter referred to as KUHP) is intended to replace the Wetboek van Strafrecht or the Criminal Code as stipulated by Law Number 1 Year 1946 on Criminal Law Regulations which has been amended several times. The effort is carried out in a directed, integrated, and planned manner so that it can support national development in various fields in accordance with the demands of development as well as the level of legal awareness and dynamics that develop in society. Child protection is based on Law Number 1 of 2023 concerning the Criminal Code which stipulates that criminal responsibility cannot be imposed on children who at the time of committing a criminal offense were not yet 12 (twelve) years old, which is an excuse. As well as considering the provisions referred to in Article 51 through Article 54, imprisonment should not be imposed if it is found that the defendant is a child. This research uses the type and type of normative legal research that examines and analyzes legal theories, legal principles and things written in legislation (law in book) and legal literature to answer problem issues. The research method uses a statutory approach (The Statue Approach) and a conceptual approach (The Conceptual Approach). The legal material collection technique used is a literature study document study. The legal materials that have been collected are then processed and analyzed prescriptively with deductive method. Thus, the politics of criminal law underlying the criminal law reform process involves policies in determining whether an act should be considered a violation of the law (criminalization) or not (decriminalization). One important aspect of community protection is the protection of victims and efforts to restore disturbed values in the community. Legal protection is manifested in the presence of various laws and regulations. The forms of protection or categories vary, examples of legal protection include civil law protection, consumer law protection, child protection, and so on

Penyelesaian Sengketa dalam Pengadaan Tanah bagi Pembangunan Jalan Tol untuk Kepentingan Umum

Land issues in North Sumatra, especially in Medan City, still occur frequently, one of which is land acquisition for the construction of toll road infrastructure to accelerate development, facilitate access to production, distribution, and tourism areas, and create new jobs. Although this development accelerates the economic growth of the country and society, disputes related to land acquisition for public interest are inevitable. One of the cases that is the focus of this research is located in Sumatra Province, specifically the jurisdiction of the Medan District Court. The problem of this research is how legal protection for land rights owners due to land acquisition for toll roads and how the consignment process of compensation for land affected by toll road project acquisition. The research method used is normative juridical with an analytical descriptive approach, using the Legislation Approach. This research uses the Law Approach by collecting and analyzing statutory provisions related to the environment and corporations. The legal material collection technique used is library research, then analyzed qualitatively. The results showed that there is legal protection for the owner of the toll road acquisition through consignment settlement.

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.
 
 
 

Spionase Pejabat Diplomatik Rusia Terhadap Negara Denmark Dalam Hukum Diplomatik

Introduction: Espionage is intelligence activity in a country or company seeking confidential information. Espionage activities focus on gathering non-public information through covert means. Espionage by Russian diplomatic officials against Denmark led to the expulsion of Russian diplomatic officials due to unacceptable espionage in Denmark. The purpose of this study is to examine and discuss whether Russian espionage can be categorized as espionage and how responsibility for espionage is carried out by Denmark.Purposes of the Research: To study and discuss whether Russian spying experiments can be categorized as espionage and how is the responsibility for espionage carried out by Russia against Denmark.Methods of the Research: The research method used is normative juridical, namely research on rules, norms, and legal principles based on statutory regulations. The problem approach used is the normative legal approach, namely the conceptual approach, the case approach and the statutory approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research. Then analyzed qualitatively.Results of the Research: The results of the study conclude that spying by Russian diplomatic officials against Denmark can be categorized as espionage because it is contained in the 1961 Vienna convention. eye is considered espionage. The form of accountability for the Danish state due to actions committed by the Russian state is by expelling or persona nongrata against diplomatic officials who carry out espionage.

Modus Operandi Tindak Pidana Perdagangan Orang Yang Berkedok Asisten Rumah Tangga

Introduction: Trafficking in persons is a form of ill-treatment of human beings that violates the dignity and worth. The crime of trafficking in persons is inseparable from the various methods used by the perpetrators, these methods are usually called the modus operandi. The mode that is run is usually carried out individually or in groups. The strategies used by trafficking syndicates in carrying out their modus operandi are very organized, so they can easily persuade and recruit victims. This not only deprives the victim of human rights but also makes the victim vulnerable to abuse, forced labor, psychological trauma and death. Purposes of the Research: This writing aims to determine the modus operandi and efforts to handle the criminal act of trafficking in persons under the guise of a household assistant.Methods of the Research: The research method used in this paper is Juridical Empirical. Research location The place where the research material was taken is the Ambon District Court. Population, Sample, and Respondents. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as legal materials collection techniques, then processing techniques use the editing, data classification, and data analysis stages.Results of the Research: The results of this study indicate that the success of trafficking in persons is due to the modus operandi carried out by the perpetrators so organized that trafficking in persons is successfully carried out. Thus the need for efforts to handle the crime of trafficking in persons. Penal and non-penal handling efforts are carried out: penal efforts are carried out based on legal regulations that are centered on the applicable laws and regulations. Meanwhile, non-penal efforts are the prevention process before the occurrence of the criminal act of trafficking in persons, including social education, socialization to the community, and patrol activities as a form of supervision.

KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN.

Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the problem is how to implement guarantees for usufructuary certificates over individual property rights related to refusal of financing by banks and how legal certainty guarantees mortgage rights over usufructuary certificates over individual property rights related to refusal of financing by banks. The theory used is Legal Certainty from Gustav Radbruch and Satrio's Guarantee Law Theory. The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials, supported by interviews. The research approach used is the statutory approach, conceptual approach, analytical approach and case approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For technical analysis of legal material, it is carried out by means of legal interpretation (interpretation) of grammatical interpretation and systematic interpretation and methods of legal construction. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT

PERTANGGUNGJAWABAN NOTARIS TERHADAP COVERNOTE YANG DIBUATNYA DALAM PERJANJIAN KREDIT

The use of notary covernotes in credit agreements can cause bank losses in the event of default while the process of binding mortgage rights has not been completed. This study raised two formulations of the problem, namely how the legal consequences of the use of cover notes on credit agreements? and what about the legal responsibility of Notaries related covernote in credit agreements?, using the theory of legal consequences and the theory of professional ethics of notaries. The method used in this study with this type of research juridical normative legal research literature or secondary data with sources of legal materials primary, secondary, tertiary and supported interview. The research approach used is legal approach, case approach, conceptual approach and analytical approach. Legal material collection techniques performed by identifying and intervening in the rule of Law positive, literature books, journals and other sources of legal materials. For technical analysis legal material is carried out by the interpretation of grammatical laws and methods construction of a legal analogy. The results showed that the legality of Covernote cannot be considered as an authentic deed in accordance with the authority of notary officials in making authentic deeds, because Covernote does not meet the requirements set forth in Article 1868 of the Civil Code. Covernote is not part of the law provided for in the law, it is only a practice or custom that develops in the performance of Notarial duties. The factors that encourage a notary to issue a Covernote are usually related to the unfinished work related to the duties and authority of the notary to issue an authentic deed. Covernote is used as a notification that the customer's land letters of credit application are still in the process of certification, royalty process, reverse name, or breakdown process if they have been certified. For example, in the application for a credit agreement, application for a building permit (IMB), application for a decree of the Ministry of Law and Human Rights (Kemenkumham), management of Rights applications, and others. The notary's responsibility related to the Covernote he made is related to the Supreme Court decision number 181/PDT/2019/PT MKS. The notary is responsible in the event that the Covernote is not implemented in accordance with the contents of the Covernote, and the notary may be subject to civil penalties in the form of reimbursement of costs, damages, and interest due to which the notary must pay to the party who suffered losses due to the violation. This is a form of Notarial responsibility in compensating for losses suffered by the injured party

TINJAUAN YURIDIS IMPLEMENTASI UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA DALAM PERJANJIAN KERJA (STUDI PENELITIAN PT AGRICON PUTRA CITRA OPTIMA)

Law Number 11 of 2020 concerning Job Creation changes several provisions regarding employment which were previously regulated in Law Number 13 of 2003 concerning Employment (“UU Ketenagakerjaan”). The problems in this research include: 1) What are the work agreement procedures made between PT Agricon Putra Citra Optima and workers who work at the company? 2) Is the agreement at PT Agricon Putra Citra Optima in accordance with Law Number 11 of 2020 concerning Job Creation? The research method used is normative juridical research with legal material collection techniques using literature studies and interviews. The research results show that the procedure for making a certain time work agreement made by PT Agricon Putra Citra Optima with workers who work for the company has been made in accordance with the provisions. However, the specific time work agreement made by PT Agricon Putra Citra Optima with its workforce contained errors regarding the type of work agreed to in the work agreement. This is because the work that must be done by workers is not included in the work criteria for which a fixed-term work agreement can be made according to the provisions contained in Law Number 11 of 2020.

PERLINDUNGAN HUKUM BAGI AHLI WARIS ATAS WASIAT YANG DIBATALKAN OLEH PENGADILAN TERKAIT PENYELESAIAN PENGEMBALIAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN

Heirs in civil inheritance there are two divisions, namely heirs because of the law and the heirs because of the will. According To Article 875 The civil code states that a Will is a deed that contains a person's statement of what he wants to happen after he died, and by which it can be revoked, but the phenomenon which occurred deed of will canceled by the court resulted in return BPHTB, for the formulation of the problem in this study how is the implementation of the settlement of bphtb returns on grants testaments annulled by the court and how the legal protection for canceled heirs related to the settlement of bphtb returns already paid. The theory used in this study is legal protection theory and absolute tax liability theory. The method used in this study with this type of research juridical normative legal research literature or secondary data with sources of legal materials primary, secondary, tertiary and supported interview. The research approach used is legal approach, case approach, conceptual approach and analytical approach. Legal material collection techniques performed by identifying and intervening in the rule of Law positive, literature books, journals and other sources of legal materials. For technical analysis legal material is carried out by the interpretation of grammatical laws and methods construction of a legal analogy. The results of this study concluded that BPHTB imposed on the inheritance of land and/or buildings since the signing of the deed of testament grant, in accordance with law No. 21 of 1997 and No. 20 of 2000. After the conversion of BPHTB into local taxes, Article 90 paragraph 1 letter d in law No. 28 of 2009 regulates this. Local regulations, such as Perda DKI Jakarta No. 18 of 2010, reflects this principle. However, its practical application is complicated. If the tax payment is made at the signing of the Testamentary deed of grant, the recipient of the inheritance cannot transfer ownership of the land until the tax is paid, causing obstacles to the implementation of the rule and and the Civil Code provides legal protection for heirs who receive an inheritance through a will grant deed. Article 875 describes a will as a revocable statement of will. Revocation of a will, in accordance with Article 992, can only be made through a new Will with a notarial deed confirming partial or complete revocation. Article 944 describes the tacit revocation by means of a new Will as opposed to the old one. However, if the new Will is void, it is only as a notarial deed. The principle of Pacta Sunt Servanda states that a valid agreement binds the party that makes it with sanctions if it is violated in order to maintain justice

Criminal Responsibility For Perpetrators Of Fraud By Means Of Hypnosis

This study aims to analyze the criminal liability of perpetrators of fraud by means of hypnosis. This research is a normative literature research as a legal material collection technique which is then analyzed qualitatively and presented descriptively. As for the results of this study, taking other people's goods by means of hypnosis can be categorized as a criminal act of fraud because of the fulfillment of one of the elements of the offense of fraud, namely the element of deception, which is an act of action carried out in such a way that the act creates trust or confidence in the truth of something to another person where it can influence people to move other people to hand over something to him to be his goal in owning other people's goods. And if done consciously and there are consequences caused by the act. Next, the theory of criminal responsibility that is appropriate to be applied in this case is the doctrine of the essential elements of crime, namely actus reus (physical element) mens rea (mental element), namely the state of mind. The dualism school, on the other hand, states that only the actus reus is an element of an offense, while the mens rea includes the responsibility of the maker. The crime of fraud with hypnosis in its enforcement efforts still has many obstacles, including people who are victims who are reluctant to report, legal substance factors, law enforcement factors, supporting facilities and facilities for crime prevention. And the factor of public awareness of the law.

PERLINDUNGAN HUKUM BAGI TENAGA KERJA ATAS SUATU PERUSAHAAN YANG DINYATAKAN PAILIT YANG BERIMPLIKASI PEMUTUSAN HUBUNGAN KERJA YANG TIDAK DIBERIKAN PESANGON

The irrelevance of Das Sollen which is a rule or positive law that applies regardingregulations regarding company obligations in paying workers due to layoffs based on the Labor Law, is different from Das Sein which is the implementation of Das Sollen or the growing reality.The formulation of the problem in this study What are the legal consequences of a company being declared bankrupt which has implications for termination of employment for not providing severance pay? What is the legal protection for labor do not receive severance pay after termination of employment for a company declared bankrupt? The method used in this study is a qualitative research type with a normative juridical approach carried out through library research by studying and examining applicable legal provisions, documents or literature related to the issues studied and legal material collection techniques carried out by identifying and inventory of positive law rules, literature books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using legal interpretation (interpretation), as well as systematic interpretation and legal construction methods. From the research results, it can be obtained that the legal consequences of a company being declared bankrupt which has implications for termination of employment for not being given severance pay have resulted in the company being declared bankrupt losing all civil rights to control and manage assets that have been included in bankrupt assets. The suspension of this civil right is enforced by Article 22of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt as of the time the decision to declare bankruptcy was pronounced. Legal protection for labor do not receive severance pay after termination of employment for a company that is declared bankrupt within a company has the right toreceive rewards or wages that have been stipulated in the provisions of labor laws as well as good and fair treatment in employment relations in a company

Penerapan Asas Terang dan Tunai dalam Jual Beli Hak Atas Tanah yang Hendak Dibatalkan Sepihak

Agrarian Law or National Land Law in Indonesia adheres to Customary Law. One of them is the principle of cash and carry in the sale and purchase of land rights. People who have problems in the sale and purchase of land rights often want to cancel unilaterally without knowing about the application of the principle of cash and carry in the sale and purchase of land rights. This research method uses a form of normative legal research using a statutory approach with legal material collection techniques using literature studies and secondary data. The results of this study indicate that the carry principle of buying and selling land rights in Indonesia cannot be canceled unilaterally if it has fulfilled the cash and carry principles adopted by national land law from customary law in Indonesia.

KEPASTIAN HUKUM TERHADAP PERJANJIAN AKAD QARD WAL IJARAH ATAS DANA TALANGAN HAJI PADA BANK SYARIAH


 
 
 
 Al-qard wal ijarah is a financing product available at Islamic Banks with the aim of making it easier for people to perform the pilgrimage. Hajj bailout funds are basically in order to make it easier for people to perform the pilgrimage. Whereas Law Number 21 of 2008 concerning Sharia Banking, Article 1 paragraph (1) in this Law states that; Sharia Banking is everything that concerns Sharia Banks and Sharia Business Units, including institutions, business activities and procedures and processes in carrying out their business activities. In practice, there are problems when there is a default in the agreement. This research is to examine the arrangements for the implementation of the Qard Wal Ijarah Akad Agreement on Hajj Bailout Funds at Islamic Banks and examine the provisions of the Qard Wal Ijarah Akad Agreement on Hajj Bailout Funds at Islamic Banks in order to achieve legal certainty. This study uses an analytical knife, namely using the theory of legal certainty and the theory of agreements.
 The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is the statute approach, conceptual approach, analytical approach, case approach and legal material collection techniques by identifying and inventorying positive legal materials, literature books, journals and other sources of legal materials. For legal material analysis techniques, legal interpretation (interpretation) is systematic interpretation and legal construction methods by analogy, legal refinement construction (rechtsverfijning) and argumentum a contrario. The results of the researcher's analysis conclude that the arrangement in implementing the consequences of the agreement in the Qard Wal Ijarah contract for the financing of hajj bailout funds at Islamic banks raises problems when there is a default in the agreement. Defaults committed by parties causing losses to Islamic Banks. The absence of collateral in the ijarah contract agreement raises concerns about fraud in the Hajj bailout fund financing at Islamic banks. The provisions of the Qard Wal Ijarah Contract Agreement for Hajj Bailout Funds at Islamic Banks in order to achieve legal certainty is that there is a guarantee in financing that has several functions, namely increasing the level of trust of the owner of the funds to the user of the funds. In addition, the guarantee function can be a means of paying debts in the event of default by cashing in or selling the collateral. In this case, collateral in Islamic bank financing is a support or reinforcement for banks to provide financing for third parties. The researcher's suggestion is that for the government it is necessary to make specific regulations in terms of making an Ijarah agreement deed by including a guarantee clause as a deterrent and a solution in the event of a default. For financing distributors, putting more emphasis on implementing the customer's character, capacity (customer's ability in future business prospects), collateral (collateral) so as not to harm.
 
 
 

KEPASTIAN HUKUM MENGENAI HIBAH WASIAT DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH

Book of Civil Law (KUHPer), the concept of Grant is divided into two forms, yaito Grant and probate grant. The basic difference between the two is that the grant is made while the grantor is still alive, while the will grant is only carried out after the will grantor dies. The law regarding grants is regulated in Article 1666 of the Civil Code, while probate grants are regulated in Article 957 of the Civil Code. Related to the collection of duties on the acquisition of land and building rights, although the acquisition value of non-taxable taxable objects is regulated by local regulations under Article 46 paragraph 8,. in this study raised the issue of how the implementation of probate grants in the practice of law in Indonesia? And how the legal certainty of probate grants in terms of Law No. 1 year 2022 on the financial relationship between Central and local governments?by using the theory of Agreement and The Theory of legal certainty The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. That the court will certify the will if it meets the requirements of the law, checks for compliance with the provisions of applicable law, and ensures that there are no disputes that prevent the execution of the grant. The implementation of this will grant is a harmonization between the principles of treaty law and agrarian law. Although it is a form of agreement, the probate Grant is also subject to agrarian regulations governing land and property rights. Thus, the legal process in accordance with the applicable provisions is important to maintain the validity and continuity of the implementation of the probate Grant and protect the rights of the parties involved and that Law No. 1 of 2022 on financial relations between Central and local governments has an important impact on the legal certainty of the implementation of probate grants in Indonesia, especially in terms of the protection and management of donated property. Although it does not directly regulate probate grants, it does provide a broader legal context that can support clarity of procedure and protection of the rights of grantees

TANGGUNG JAWAB PIDANA PEJABAT PEMBUAT AKTA TANAH DALAM HAL PEMBUATAN AKTA YANG MENGESAMPINGKAN ASPEK YURIDIS FORMAL


 
 
 
 Abstract: The land deed making officer is a public official who is given the authority to make authentic deeds regarding certain legal acts regarding land rights or property rights to flats. PPAT is responsible for checking the requirements for the validity of the legal act in question, including matching the data contained in the certificate with the lists in the Land Office. if it is not applied, it will cause a legal consequence that causes sanctions for a PPAT. The theory used in this study is the theory of legal consequences and the theory of legal responsibility. The formulation of the problem raised in this thesis is how the legal consequences of the land deed officials in terms of making the deed that overrides the formal juridical aspects and how the responsibility of the land deed officials in terms of making the deed that overrides the formal juridical aspects. The method used in this study with the type of normative juridical research is legal research literature or secondary data with sources of primary, secondary, and tertiary legal materials. The research approach used is the approach of legislation (Statute Approach), case approach (Case Approach), analytical approach (Analytical Approach), conceptual approach (Conceptual Approach) and legal material collection techniques carried out by identifying and inventorying the rules of positive law, literature, books, journals, and other sources of legal materials, legal materials analysis techniques carried out by systematic interpretation of legal interpretation, and supported by the construction. In the results of this study can be obtained by the forgery into the authentic deed is a legal consequence that will cause a sanction. Sanctions imposed on PPAT in committing a criminal offense in his position, based on an investigation of an institution that is coaching and supervision PPAT PPAT. If you commit a criminal offense as a result arising from PPAT, namely sanctions for dismissal carried out by the Minister regarding sanctions for temporary dismissal, dismissal with respect to dismissal with disrespect.
 
 
 

KEPASTIAN HUKUM PENDAFTARAN TANAH MELALUI PEJABAT PPAT SECARA ONLINE PENGGUNAAN APLIKASI KEMENTRIAN AGRARIA DAN TATA RUANG/ BADAN PERTANAHAN NASIONAL (BPN)

Land registration is an important legal process in the ownership of property. In many countries, land registration is done through the land registration agency or the National Land Agency (BPN). In Indonesia, land registration is carried out through an online system using the ATR/BPN application managed by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The issues raised are how the implementation of the online land registration system through the ATR/BPN application can ensure the legal certainty of land registration before PPAT and how the obstacles and challenges in the implementation of online land registration through the ATR/BPN application can affect the legal certainty of land registration before PPAT, the theory used by The Theory of legal certainty from Gustav Radbruch and the theory of authority from H.D Stoud. The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. From the results of the study it can be obtained that the online land registration system through the ATR/BPN application has the potential to increase the legal certainty of registration in the presence of PPAT. However, it takes a holistic effort to overcome technical and legal challenges, so this system supports the creation of a more reliable and transparent land registry and the constraints and challenges in online land registration through the ATR/BPN application can affect legal certainty. However, the right solutions and collaboration can overcome these barriers. Mature implementation and effective solutions will maintain legal certainty and provide positive benefits in property transactions in the future