Permanent Legal Force Research Articles

CROSSING BORDER TRANSACTIONS: UNRAVELING THE INFLUENCE OF E-COMMERCE ON THE ADVANCEMENT OF TRANSNATIONAL BUSINESS LAW

Transnational transactions conducted through E-Commerce platforms open the gates of growth in the legal and economic spheres. In this regard, legislators should be able to create a transnational body of law as uniform rules and contractual patterns for commercial transactions conducted through e-commerce. Complex international business transaction activities such as investment, licensing, franchising, and so on have not escaped the development of e-commerce and the convenience that comes with it. The research uses a normative juridical approach and a descriptive analytical research method to describe the facts related to the problem being studied. Data collection is done through a literature study, searching for relevant data from various sources of primary and secondary legal materials related to the existing problems. The data is then analyzed qualitatively. Legal certainty in this case is rooted in matters that have been agreed upon by the parties and are mandated to continue to refer to the principles of international business transaction law and relevant international trade conventions or agreements. With the existence of e-contracts, agreements for transnational transactions can have permanent legal force and dispute resolution through litigation and non-litigation channels such as arbitration can be carried out virtually.

Responsibility of Notary/Land Deed Official on Joint Title Deed Based on Incompatible Inheritance Certificate

This article aims to know how the Land Deed Official’s (In Indonesia: PPAT) responsibility for the incompatible inheritance statement was made. The Land Deed Official has the authority to make a deed based on the legal basis of Article 7 paragraph (1) Government No. 24/2016 amending Government No.37/1998 concerning the Regulation of the Position of Land Deed Officials. Some people are dishonest in telling the truth about the administrative requirements, causing losses to several parties. This study uses a normative juridical method by conducting a literature study. The data used in this article are primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study carried out are that a notary/Land Deed Official must be willing to make improvements if it is known that the inheritance information that has been made is not following what it should be. If the Notary/ Land Deed Official is not willing to revoke it, then the revocation can be done by filing a lawsuit against the Notary/Land Deed Official. When it is known that the court's decision has permanent legal force, the Notary/ Land Deed Official can be held civilly responsible by making compensation, costs, or interest if the deed made causes losses to several parties. The involvement of cooperation indicators in falsifying the deed, even the sale and purchase of the deed with the realization that there is inappropriate information, the Notary/ Land Deed Official can be criminally responsible. It can be concluded that the Notary/ Land Deed Official is responsible for the originality of the deed he/she made, including in making the Certificate of Inheritance. Keywords: Information doesn’t match; inheritance; Notary; Land Deed Official.

Pelaksanaan Putusan Peradilan Tata Usaha Negara (PTUN)

Execution of the decision (executie) is the method and conditions that used by the tools of state power to help interested parties to carry out the judge's decision if the losing party is not willing to comply with the substance of the decision within the allotted time.limiting court decisions that have permanent legal force that are relevant to implementation, namely a decision that has been accepted by the parties or has not been submitted again legal action (appeal or cassation). Court decisions that have not yet obtained force the law still does not have the power of execution or in other words a court decision who still have legal remedies. State business as a manifestation of the implementation of the judicial function to control its course. The executive function in the form of testing a form of state administration decision issued by State Administrative Officials that the decision was in accordance with the provision legislation and general principles of proper government administration in accordance with Article 115 of Law Number 5 of 1986 concerning Administrative Court A state that states that only decisions have gained legal force fixed that can be implemented.

Legal Protection of Educators in Non-Formal Education Institutions Given Law Number 13 of 2003 concerning Employment

This study aims to provide legal protection for educators in non-formal educational institutions. Protection of work agreements, rights and obligations, and social security for workers. Research method with survey approach. Data collection techniques were obtained from (1). Direct survey on research objects in the field (2). In-depth interviews with key sources (3). Documentation studies in the form of literature related to research. Data analysis and concluding by making descriptions in the form of sentences which can then be concluded. Result in that; (1) Legal protection for the parties to work agreements in non-formal institutions: it can be said that in employment relations the parties in non-formal educational institutions have not received legal protection and the parties should have agreed in writing so that they have legal force in carrying out their work. employment process following law no 13 of 2003 and the Civil Code. (2). Legal remedies that can be taken so that the parties in non-formal educational institutions receive legal protection is by means that the parties are aware of the work agreement contained in the articles of the work agreement starting from all employment mechanisms so that in the event of default in the future, each will have permanent legal force.

The Role of the Banda Aceh State Administrative Court in Testing Abuse of Authority by State Administrative Agencies/Officials in Accordance with Law Number 30 of 2014 Concerning Government Administration

Abuse of authority by State Administrative Agencies/Officials in terms of making decisions and/or actions in the administration of government carried out by exceeding the limits of authority, mixing up authority, and/or acting arbitrarily as referred to is in accordance with the contents of Article 17 of Law No. 30 of 2014 concerning State Administration. Meanwhile, decisions and/or actions that are determined and/or carried out by exceeding the authority or arbitrarily invalid if they have been tested and there is a court decision with permanent legal force. The purpose of this study is to analyze and describe the understanding of abuse of authority by State administrative agencies/officials, describing the role of the State Administrative Court as an institution that examines abuse of authority by State Administrative Agencies/Officials. This research is a qualitative legal research with a normative approach and is supported by empirical data using primary data and secondary data. The approach used to answer legal issues in this study is to use a statute approach and a conceptual approach. The results of this research conclude that the understanding of abuse of authority by State Administrative Agencies/Officials is in the administration of government carried out by exceeding authority, mixing up authority, and/or acting arbitrarily, as well as the role of the State Administrative Court as an institution for examining abuse of authority by State administrative agencies/officials regarding State Administration in Courts Until now, the Banda Aceh State Administration has never handled disputes over abuse of authority as stipulated in Article 21 of Law Number 30 of 2014 concerning State Administration. However, in its arrangement, civil servants if they abuse their authority can be prosecuted and prosecuted under the State Administrative Law, namely in the form of severe administration as stated in article 80 paragraph (3). Keywords: Role of the Judiciary, Abuse of Authority, TUN Officer DOI: 10.7176/JLPG/129-02 Publication date: February 28 th 2023

Analisis Yuridis Kekuatan Hukum Sertifikat Hak Milik Atas Tanah Menurut Peraturan Pemerintah No. 24/1997 Tentang Pendaftaran Tanah Dikaitkan Dengan Putusan PN No. 242/Pdt.G/2020/PN Ambon

Introduction: The certificate is proof of the rights owned by the holder of land rights issued by the National Land Agency. Issuance of certificates in the context of land registration activities so that rights holders can make certificates as evidence to holders of land rights as regulated in Government Regulation no. 24 of 1997 concerning Land Registration.Purposes of the Research: This study examines the ratio decidendi of judges in making decisions on the PN No. 242/Pdt.G/2020/PN.Amb regarding the validity of the certificate of title to land to determine whether the judge's considerations are in accordance with the legal provisions regarding the ownership of applicable land rights. Methods of the Research: The research method used is normative research through a statutory approach and a case approach which refers to the ratio decidendi. The method of collecting legal materials used is a qualitative method.Results of the Research: Based on the results of the study, evidence has an important role as the basis for judge's consideration in making a decision. Certificates as evidence of rights can be declared invalid and canceled by a court decision that has permanent legal force when it is proven that someone's ownership of land rights has been violated. In the decision of the PN No. 242/Pdt.G/2020/PN Ambon, the judge ruled that the certificate owned by the defendant was legally flawed and had no binding legal force because the defendant could not prove the formal or material truth of the acquisition of the land rights.

Implementasi Pemberhentian Kepala Daerah Di Provinsi Jawa Barat Antara Tahun 2014-2021 Dalam Sistem Pemerintahan Daerah

Direct election of regional heads allows prospective regional heads to compete directly to become regional heads in local government. The regional government has implemented local democracy if the regional government has held regional head elections. Regional heads can stop or be dismissed according to the provisions of the laws and regulations concerning the Regional Government. Dismissal of regional heads between 2014-2021 in West Java Province, including in the areas of Karawang Regency, Bogor Regency, Sumedang Regency, Cimahi City, Bekasi Regency, Cianjur Regency, Subang Regency, West Bandung Regency, Cirebon Regency and Indramayu Regency which were caused because these regional heads were proven in court to have committed criminal acts of corruption, and some have even been, and are currently carrying out sentences. This study aims to find out the implementation of the dismissal of regional heads in the province of West Java. West Java Province, during seven years, there have been eleven dismissals. Dismissal of regional heads between 2014-2021 in West Java Province in the local government system in Indonesia is still guided by applicable laws and regulations; the dismissal or impeachment of regional heads who are entangled in corruption crimes, then the regional head is temporarily dismissed without having to go through a proposal from DPRD if charged with committing a crime of corruption. The dismissal of the regional head is carried out by the Minister for the regent or mayor; if the regional head is proven to have committed a crime of corruption which, based on a court decision, has permanent legal force, then the regional head can be dismissed without having to obtain a proposal from the DPRD. The Minister for regents and mayors then carried out the dismissal. The dismissal of the regional head who violates the oath/pledge of office should be accelerated in the process of dismissing the decision, and a state institution should be formed in the region that explicitly handles the process of dismissing the regional head so that it does not take too long, and reflects more direct democracy than procedural democracy

Fiduciary Collateral Object Execution Mechanism Post Constitutional Court Decision Number 2/PUU-XIX/2021

Fiduciary guarantees have existed in society since the Dutch colonial era because of the flexibility of objects that can be burdened with fiduciary guarantees, the more there is a need for legal certainty over fiduciary guarantees. The Fiduciary Guarantee Act (UUJF) requires registration of the imposition of fiduciary guarantees. Registration is carried out at the Fiduciary Registration Office with a working area covering the entire territory of the Republic of Indonesia and is within the scope of duties of the Ministry of Law and Human Rights to obtain a fiduciary guarantee certificate. The fiduciary guarantee certificate contains the head of the decision which is interpreted as having the power of execution, so that the execution can be carried out immediately without going through a court and is final as described in Article 15 paragraph (2). In practice, this article often becomes a polemic in the community, causing acts against the law and even criminal acts when the fiduciary recipient wants to execute the fiduciary guarantee. After the Decision of the Constitutional Court Number 2/PUU-XIX/2021, in its decision, it redefines Article 15 paragraph (2) and paragraph (3) of the UUJF. This decision is an explanation and confirmation of the previous Constitutional Court Decision Number 18 /PUU-XVII/2019. This study will discuss the power of administering fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021. With the research method using a statutory (normative) approach, as well as a conceptual approach, it is concluded that the execution clause in the fiduciary guarantee certificate does not change, only as a legal consequence arising from the decision of the Constitutional Court number 2/PUU-XIX/2021, namely the mechanism for implementing the guarantee certificate execution. Fiduciary is carried out by equating it with the mechanism for implementing the execution of a court decision that has permanent legal force (incracht), if the guarantor does not voluntarily surrender the object of the fiduciary guarantee under his control. In addition, there must be an agreement between the parties regarding the default. And in the Decision of the Constitutional Court Number 2/PUU-XIX/2021 as an explanation and confirming the multiple interpretations in the public of the previous Constitutional Court decision, that the execution of a fiduciary guarantee certificate through a court decision is an alternative that can be taken in the event that there is no agreement between the creditor and the the debtor, both in relation to default and the voluntary surrender of the object of guarantee from the debtor to the creditor. The default clause must be specified in the principal agreement or in the fiduciary guarantee certificate.

LAND GRANT A DEED THAT IS MADE BY THE PARTIES WITHOUT BEING WITNESSED BY A NOTARY IN THE DECISION OF THE JUDGE OF THE KENDARI RELIGIOUS COURT NO.0053 PDT-P/2013/PA KDI

The Kendari City BPNs refusal to change the name and the judges considerations granted the determination of Nurmiatis mothers grant on the grounds that the Petitioner has controlled the land parcels of the grant object and has no objections to the possession of the land is very much contrary to the intent and purpose of granting the grant which is immediately applicable or legally transferring the grant object to the recipient of the grant if the terms of the grant are met. The Kendari Religious Court Judges decision sets a bad precedent for the legal certainty of a grant made by the grantor unless it is proven otherwise that the awarding of the grant does not fulfill the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code. The purpose of this research is to analyze the legal standing of grants given based on hand-to-hand grants and to analyze the Kendari Religious Courts decision NO.0053 PDT-P/2013/PA KDI. Regarding this determination, private grants are based on the mastery of the grantee. The research method used is normative research, which is a process to find legal principles, legal principles, and legal doctrines to answer the legal problems faced. The results of the research are that giving private grants invalid, because the position and authority of the grant that has permanent legal force to make the grant deed is a notary appointed by the government as a general official with authority in accordance with the rules stipulated in government regulations. No. 24 of 1997 concerning Land Registration. Whereas proof of a grant letter under the hand where the grantor has died, in the process of transferring names cannot be carried out by the recipient of the grant at the time of the Land Office. So the deed under the hand must get a court order in advance so that it has legal force later when the name changes to the beneficiary.

ANALYSIS OF THE RIGHTS OF SUSPECTS IN PRETRIAL DECISIONS IN MAKASSAR STATE COURT DECISION NUMBER 6/PID.PRA/2020/PN.MKS

Makassar District Court Decision Number 8/Pid.Pra/2020/PN.Mks, present to annul Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks. This means that there is a conflict between the two decisions, where the Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks., should have been implemented before the Makassar District Court Decision Number 8/Pid.Pra/2020/PN.Mks. was issued. The above conditions cause the suspect's rights to not be exercised. as if the Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks., is something that doesn't need to be implemented, even though it is a decision that has permanent legal force. This research is a normative research that is descriptive in nature, analyzes the judge's legal considerations in deciding the Pretrial Decision Number 6/Pid.Pra/2020/PN.Mks so that the applicant accepts the request based on juridical considerations, namely the suspect is not on DPO status, and the determination of the applicant as a suspect does not meet the evidence. enough start. Furthermore, the judge's legal considerations in deciding the Pretrial Decision Number 8/Pid.Pra/2020/PN.Mks., so that the applicant's application is accepted is based on juridical considerations, namely the issuance of SP3 by the Makassar Polrestabes which was carried out on a holiday, as well as the issuance of a complete letter of investigation results. by the public prosecutor (P-21).

Eksekusi Putusan Peradilan Tata Usaha Negara Studi Kasus Putusan 43/G.TUN/2011/P.TUN.Mks.

The decisions of the State Administrative Court that can be made are decisions that already have a permanent legal force that cannot be changed again through legal remedies. This journal discusses how the mechanism for monitoring and implementation of executions in the scope of the State Administrative Court in the case of TUN Decision 43/G.TUN/2011/P.TUN.Mks. along with the obstacles. This journal uses normative legal research methods based on secondary materials and data. The results of the study definition of execution, its implementation has the meaning of the word cancellation of state administrative decisions issued by previous administrative officials and then disputed. The cancellation was followed by rehabilitation, administrative sanctions, and the payment of a sum of money. Then in the case of TUN decision 43/G.TUN/2011/P.TUN.Mks. The Governor of South Sulawesi did not heed the TUN's decision in canceling SK No. 2424/VII/2011 which is marked by not taking any action by the Governor of South Sulawesi. So the next action that can be taken is to refer to the revision of Law no. 51 of 2019, namely administrative officials are subject to sanctions in the form of forced payment of a sum of money and announced in the local print media.

Criminal Liability of Perpetrators of Unauthorized Management of Medical B3 Waste Without License

Criminal responsibility leads to the perpetrator with the intention of determining whether the defendant or suspect can be held accountable for a criminal offense that occurs. Solid Medical Hazardous Waste is goods or materials left over from activities that are not reused which have the potential to be contaminated by infectious substances. The Indonesian Ombudsman in 2021 noted that there were at least 138 million tons of medical waste that were not properly managed, so it is necessary to deal with the management of medical B3 waste in Indonesia. This research uses normative juridical legal research because it wants to examine laws and regulations and judges' decisions relating to the management of B3 waste without a license. The approach in this research uses a case approach by examining the case in Decision Number 115/Pid.B/LH/2019/PN Slt and Decision Number 1/Pid.B/LH/2020/PT Smg which have permanent legal force. The conclusion in the study shows that in Decision Number 115/Pid.B/LH/2019/PN Slt and Decision Number 1/Pid.B/LH/2020/PT Smg is that the criminal liability of the perpetrators of medical B3 waste management at Salatiga Regional Hospital is not correct regarding the application of the law, this is because the judge in deciding this case did not pay attention to changes in the rules related to the article charged had been deleted by the Job Creation Law before the judge made a decision. The defendant should have been acquitted of the criminal charges.

The Moderating Role of Natural Resources Between Fiscal Decentralization, Government Internal Audit, Law Enforcement and Corruption: Evidence from Indonesian Local Government

This research is a quantitative study which aims to examine the level of corruption in the Indo- nesian local government with its influencing determinants, namely fiscal decentralization, gov- ernment internal audit, and law enforcement and natural resources as moderating variables. The population in this study is the district and city governments in Indonesia. The sample in this study consisted of 81 district governments and 33 city governments based on the purposive sampling method with the criteria of district and city governments having permanent legal force corruption cases in 2019. Testing the hypothesis in this study using Moderated Regression Analysis (MRA) with the SPSS Version 24 program. The results showed that fiscal decentralization had a significant effect on the level of corruption, government internal audit and law enforcement had no significant ef- fect on the level of corruption, natural resources had a significant effect on moderating the effect of fiscal decentralization on the level of corruption. This research was conducted to examine and analyze the factors that can influence the level of corruption in local governments. In addition, with this research, it can be seen how local governments carry out their government affairs and the role of local governments in suppressing the level of corruption.

The effectiveness of implementing counseling on women conpriants in Class IIA Tanjung Gusta Medan

An inmate is a person who is presumed guilty of his actions or deeds and has obtained a Court Decision that has permanent legal force so that it can be said to have become an Prisoner or Convict, which is then to serve a sentence in the detention room or more familiarly called a Penitentiary ( PRISON). A Penitentiary is an Institution that aims to provide Coaching to Inmates including Female Inmates. This research uses an empirical juridical method which uses data obtained from social symptoms related to this study and based on applicable norms. Implementation of guidance for women in prisons based on Law Number 12 of 1995 concerning Correctional Services which has been explained that an Inmate who although has lost its independence, but in the penitentiary still has the rights as a citizen and its rights have been guaranteed by the State. In the Implementation – Implementation of Guidance for Female Inmates who are in the Tanjung Gusta Medan Penitentiary has been effective as seen from the work programs that have been implemented to develop skills be it from the arts or even the religion. Laws and regulations have mandated a lot about gender equality regarding the position between men and women in the aspect of nation and state. Regulations for the formation of legislation both for legislation at the central level and at the regional level need to have the same understanding in implementing the integrity of gender equality in the process Establishment of laws and regulations with reference to the source, basis and principles of artificial materials according to the type and hierarchy of laws and regulations.

Analysis Of Judges' Decisions In Unlawful Causes Of Land Cultivation Without Permits (Study of Decision Number 23/Pdt.G/2020/PN Kis)

This research examines the analysis of the judge's decision in the case of unlawful acts of cultivating land without a permit (Study of Decision No. 23/Pdt.G/2020/Pn.Kis) in accordance with Article 1365 concerning Unlawful Acts. The formulation of Article 1365 of the Civil Code is "any unlawful act, which causes harm to other people, obliges the person who because of the mistake of issuing the loss, compensates for the loss". The purpose of this study was to find out the judge's consideration of the decision Number 23/Pdt.G/2020/PN Kis and to find out the legal consequences of the decision Number 23/Pdt.G/2020/PN Kis. This type of research uses normative juridical research with a statutory approach and a sociological approach. In making a decision, the judge must be able to provide legal certainty and also justice for the decision made. Taking into account the Court Decision Number 23/Pdt.G/2020/PN Kis regarding unlawful acts of cultivating land, the factors that were taken into consideration by the Panel of Judges in determining the evidence to make a decision. judge if it has permanent legal force.

Pelaksanaan Eksekusi Barang Rampasan Perkara Tindak Pidana Umum Dengan Cara Penjualan Langsung Pada Kejaksaan Negeri Palangka Raya

Abstract:
 TThis article aims to find out and understand the implementation of the execution of the booty as well as the obstacles faced by the Executor Prosecutor in carrying out the execution of the booty in general criminal cases by direct selling of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney. The research method uses empirical juridical research methods, namely research that examines the implementation or implementation of positive legal provisions and what happens in people's lives. The results of the research are, 1. The execution of booty in general criminal cases by way of direct sales of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney is in accordance with the Republic of Indonesia Prosecutor's Regulation Number 10 of 2019, but in its implementation it is constrained for buyers in direct sales in the form of motorized vehicles when they want to apply for the registration process of motorized vehicles resulting from direct sales which are rejected by the local police. 2. Obstacles faced by the Executing Prosecutor in carrying out the execution of the confiscation of general criminal cases by means of direct sales of court decisions that have obtained permanent legal force (inkracht) at the Palangka Raya District Attorney's Office there are technical obstacles, namely, related to the completeness of the case file and legal obstacles. namely, the regulations of the Prosecutor's Office and the Police regarding the registration requirements of motorized vehicles resulting from direct sales are contradictory.
 Keywords : Implementation Excution, Booty, Palangka Raya District Attorney

Considerations of Judges in Making Decisions on a Case

This study aims to understand and find out how the application of material criminal law is decided. The research method uses a case approach and analyzes the data descriptively, which is then given conclusions and suggestions related to the title. regarding the judge's decision that is in accordance with applicable legal regulations, namely the existence of valid evidence. The existence of consideration by the Panel of Judges in the trial when making a decision has given a sense of justice to all parties, and the judge must have confidence in the existence of legal facts that have been revealed and produce a decision that has permanent legal force and does not conflict with Pancasila as the source of all law.

Alternatives For Providing Compensation For The Detention Of A Defendant Whose Case Is Acquitted

Pretrial is still a paradox that creates uncertainty in compensating defendants who are acquitted and have permanent legal force. Pretrial is one way to enforce true justice, to enforce law, and truth through horizontal means as regulated in Article 80 of the Criminal Procedure Code to show the essence of pretrial as a form of supervision of coercive measures that have been carried out by investigators and public prosecutors against suspects. Therefore, this study aims to analyze the policy of criminal law regarding the alternative of providing compensation other than through pretrial. This research uses a normative juridical approach and a sociological juridical approach. The data used in this study are secondary data and primary data and use library research and interview instruments. So to the results of this study, there are 2 (two) alternatives for providing compensation for the detention of the defendant whose case was acquitted and had permanent legal force. First, compensation is included in the court decision in case of a loss due to a criminal act. Second, compensation can be made through an Alternative Dispute Resolution (ADR) with a court order. The legal implication when a judge provides compensation for the detention rights of a defendant whose case is acquitted and has permanent legal force is that the state must fulfill its obligation to pay compensation to the defendant. However, if the claim for compensation is rejected, it will result in losses from the accused's social, economic, and human rights aspects.

Legal Review Concerning the Right to Restitution for Child Victims of Crime of Sexual Crimes According to Children's Protection Law

Every year the number of sexual abuse experienced by children in Indonesia continues to increase; this attracts the author’s attention to study more deeply about legal protection for child victims of sexual crimes. In the Elucidation of Article 71 D Paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as amended by Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of Government Regulations in Lieu of Law Number 1 the Year 2016, “Restitution” is the payment of compensation charged to the perpetrator based on a court decision with the permanent legal force for material and/or immaterial losses suffered by the victim or his heirs. From this study, it was found that there is legal protection for children who are victims of sexual crimes, namely through the Republic of Indonesia Law Number 17 of 2016 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. Became Law. The law regulates the right of restitution for child victims of sexual crimes. The implementation of granting restitution rights for child victims of sexual crimes is held in Article 71D paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as amended through Law of the Republic of Indonesia Number 17 of 2014 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016. It is further stated that the implementation of the right to restitution is precisely regulated in Government Regulation 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Crime. The performance of the right to restitution has obstacles. Three factors affect the effectiveness of the implementation of the right to restitution of children: legal, law enforcement, and community

Problematic in The Civil Decision Execution Process in Indonesia in Order to Realize Court Excellence

The duties and responsibilities attached to the position of the Head of the District Court have required him to examine and review every petition for execution submitted to the District Court he leads. This is necessary in order to avoid obstacles to the execution of court decisions that already have permanent legal force. Therefore, this paper aims to describe the causes of obstacles in the execution of court decisions that have permanent legal force. The method used in this research is descriptive-analytical method with the main approach is normative juridical. This study found that the main causes of delays in the execution of court decisions that already have permanent legal force include limited executors, limited budgets, opposition by other people or third parties, and judicial review of court decisions. In order to overcome the obstacles faced in the execution by the Supreme Court of the Republic of Indonesia, it is necessary to prepare State Civil Apparatus that specifically becomes executors by carrying out education in accordance with the main functions that are quite adequate