Sources Of Legal Materials Research Articles

KEPASTIAN HUKUM TERHADAP PEROLEHAN HAK ATAS TANAH DAN BANGUNAN SEHUBUNGAN DENGAN PERALIHAN DARI OBJEK SEWA GUNA USAHA MENJADI SEWA BELI

Land is a basic human need that is used for various activities. Article 28h paragraph (1) of the 1945 Constitution recognizes the right of everyone to live in prosperity and live in a good environment. Article 33 paragraph (3) of the 1945 Constitution affirms the right of the Indonesian nation to natural resources. The agreement is legally binding on all parties and provides certainty for the resolution of disputes. There are different types of agreements, including lease and purchase.A lease agreement involves an option right for a tenant to purchase goods or extend a lease. There are problems related to the transition of leasing objects into leases that come to litigation. The formulation used in this study is how the process of leasing turned into lease purchase in terms of applicable laws and regulations? And what about legal certainty on the acquisition of land and building rights that change from lease to lease? The theory used in this study is the theory of legal certainty according to Jan Michael Otto. The method used in this study with the type of normative juridical research in the form of legal material literature or secondary data with sources of primary, secondary and tertiary legal materials. The research approach that used the approach of legislation, conceptual, analytical and case and collection techniques of legal material is done by identifying and inventorying the rules of positive law, literature books, journals and other sources of legal materials. For legal material analysis techniques carried out with the interpretation of grammatical and systematic laws. The results showed that the context of the transition from leasing to lease purchase, it can be seen that this process involves various parties with agreements that regulate their rights and obligations. Legal certainty in the transition from leasing to lease purchase is a principle that provides clarity and certainty for all parties involved in this transaction. This transition involves a change in the legal status of the right of lease to the right of ownership, which has a significant legal impact. Therefore, the consent and agreement of all parties involved is very important. Special legal regulations are needed regarding the transition from leasing to lease purchase. This regulation should set out in detail the processes, requirements, rights and obligations involved in this transition, so that all parties have clear guidelines

KEPASTIAN HUKUM DALAM PENGADAAN TANAH UNTUK PEMBANGUNAN PROYEK STRATEGIS NASIONAL TERKAIT GANTI KERUGIAN BAGI MASYARAKAT YANG TERDAMPAK

Procurement of land for development is carried out through deliberation between the parties in need of land and land rights holders. Law No. 5 of 1960 on basic agrarian principles regulation (UUPA) was established to regulate public relations with land and provide legal certainty. Article 18 of the UUPA and Law No. 2 of 2012 on the acquisition of land for development in the public interest regulates the release of land rights by providing reasonable compensation. However, in practice, compensation problems often arise in development projects such as the Cisumdawu Toll Road and the Cibitung-Cilincing Toll Road, which indicate obstacles in securing community rights to land affected by development. The formulation of the problem in this study is how the implementation of compensation for the community against the acquisition of land in the national strategic project? And how is the legal certainty related to land procurement in national strategic projects related to legislation on land procurement and job creation laws? The theory used in this study is the theory of legal certainty according to Jan Michael Otto. The method used in this study with the type of normative juridical research in the form of legal material literature or secondary data with sources of primary, secondary and tertiary legal materials. The research approach that used the approach of legislation, conceptual, analytical and case and collection techniques of legal material is done by identifying and inventorying the rules of positive law, literature books, journals and other sources of legal materials. For technical analysis of legal material is done by the interpretation of systematic and grammatical laws. The results showed that the implementation of compensation for the community against land acquisition in national strategic projects has its own challenges and complexities. The process of determining the amount of damages should consider aspects of eligibility and fairness for land rights holders. Legal certainty related to land acquisition in national strategic projects is very important to avoid conflict and uncertainty for all parties concerned. Changes in the legislation on land acquisition and the implementation of the job creation law have provided a number of efforts to increase legal certainty in the process. For this reason, the government needs to adopt an inclusive approach to ensure fairness in compensation related to land acquisition and the need for regular monitoring and evaluation of the implementation of regulations on a regular basis so as to identify obstacles that arise and allow for the necessary improvements

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 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

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

PERLINDUNGAN HUKUM BAGI ANAK LUAR KAWIN YANG DISEMBUNYIKAN IDENTITASNYA OLEH PEWARIS TERKAIT BAGIAN WARISANNYA MENURUT HUKUM PERDATA.

The Constitutional Court's decision number 46/PUU-VIII/2010 changed the contents of Article 43 paragraph 1 of Law number 1 of 1974 concerning Marriage wherein the ruling in the third paragraph stated that children born out of wedlock have civil relations with their mothers and their mothers' families as well as with men. the man as the father who can be proven based on science and technology and/or other evidence according to law has blood relations including civil relations with his father's family. The phenomenon that occurs in society, many illegitimate children are hidden by the heir as their biological father. So that the certificate of inheritance rights does not include children out of wedlock as heirs. This is the formulation of the problem of how the legal consequences for children out of wedlock are related to the part of the rights that are hidden in inheritance and how the legal protection for children out of wedlock whose identity is hidden by the heir is related to the part of the right to inherit. The theory used is the legal protection theory of Satjipto Rahardjo and the theory of children out of wedlock from R. Soeroso. The method used in this research 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 a statutory approach, a conceptual approach, an analytical approach and a case approach. The technique of collecting legal material is carried out by identifying and inventorying positive law rules, literature, books, journals and other sources of legal materials. For the technique of analyzing legal material, it is carried out using legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. From the research results, it can be seen that the legal consequences for illegitimate children related to the part of the rights that are hidden by inheritance based on a court decision, the child has a civil relationship with the mother and father so that legal actions related to inheritance can be cancelled. This can be seen by canceling the Inheritance Declaration Deed. As for lawsuits, it can be carried out through unlawful acts, while legal protection for children out of wedlock is limited to children out of wedlock in the narrow sense, namely children born out of wedlock who are not registered. The decision of the Constitutional Court only provides protection for biological responsibility regarding rights and responsibilities as a biological father and is not related to the inheritance status of a father to his child as an heir, but this decision can be used as the basis for a lawsuit regarding the inheritance rights of children out of wedlock in a narrow sense

PERLINDUNGAN HUKUM BAGI ISTRI WARGA NEGARA INDONESIA (WNI) TERHADAP STATUS HARTA BERSAMA DALAM PERKAWINAN CAMPURAN TERKAIT PEMBAGIANNYA KARENA PERCERAIAN.

A valid marriage will bring legal consequences to assets. Regarding property in marriage is regulated in Article 35, Article 36, and Article 37 of the Marriage Law. The law stipulates that all assets acquired during marriage become joint property of the husband and wife, the use of which must be with the consent of both parties. Divorce has an impact on the distribution of joint assets. Here problems often arise where one party feels more entitled to the disputed property, especially if the former wife of an Indonesian citizen (WNI) is in a mixed marriage. The method used in this research 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 a statutory approach, a conceptual approach, an analytical approach and a case approach. The technique of collecting legal material is carried out by identifying and inventorying 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), grammatical interpretation, systematic interpretation and the Argumentum A Contrario method.From the research results it can be obtained that in mixed marriages, Indonesian citizens and foreign nationals who are involved in mixed marriages are still entitled to half of the value of the joint assets as long as the marriage agreement is not specified otherwise. This is because in article 35 of the Marriage Law it is stated that property acquired during marriage becomes joint property. With the existence of a marriage agreement, there is no mixing of the assets owned by the parties which belong to each other. The law regarding the division of joint assets due to divorce from mixed marriages is that first of all the husband and wife are given the freedom to determine the law that will apply to their marital assets through a marriage agreement. If they do not conclude a marriage agreement, the internal law of the country where the husband and wife establish their first daily residence after marriage will apply

PEMBATASAN KRITERIA TIDAK MAMPU YANG WAJIB DIBERIKAN JASA HUKUM CUMA-CUMA OLEH NOTARIS BERDASARKAN PASAL 37 UNDANG UNDANG JABATAN NOTARIS

Article 37 of the Notary Office law mandates notaries to provide services free of charge to people who are in economically disadvantaged conditions. That is, this eligible party is not required to pay a fee. However, there are currently no rules that clearly define the criteria by which the degree of incapacity is measured. Therefore, setting standards to identify groups of people entitled to free services becomes complex. This study raises the issue of how the limitation of the criteria for free legal services against the provisions of Article 37 of the Notary Public Act? and how is the implementation of the provision of legal services to incapacitated persons? using Hans Kelsen's theory of legal effectiveness and Gustav Radbruch's 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. Based on the results of existing research, it was revealed that there are no official provisions that limit notaries in providing services to the underprivileged. This decision depends entirely on the personal ethics of notaries who are influenced by conscience, given their position as officials. In practice, notaries as usual serve all clients, including those in need of legal assistance in the field of notarization, with the notary's personal consideration of whether the free service is appropriate for the case at hand.

PERLINDUNGAN HUKUM KEPADA PEMBELI YANG BERITIKAD BAIK DALAM HAL DILAKUKANNYA PENCATATAN BLOKIR DAN SITA PADA SERTIPIKAT HAK ATAS TANAH

Based on the cases that occur in the blocking / recording of land rights certificates carried out by the Land Office, there is a need for legal protection against good faith buyers as holders of land rights certificates, in order to provide legal certainty and legal protection against good faith buyers in the event of blocking or confiscating land rights certificates, this study raises the issue of legal protection of buyers who are in good faith against the blocking system on the regulation of the Minister of Agrarian Affairs and Spatial Planning/ head of the National Land Agency Number 13 of 2017 on blocking and confiscation procedures and the completion of the blocking system, using the legal theory of te goeder trouw and the theory of legal protection. 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. The results of the study concluded that legal protection for good faith buyers in the block system according to the regulation of the Minister of Agrarian Affairs and Spatial Planning/ head of the National Land Agency Number 13 of 2017 has been regulated in the MA jurisprudence dated March 29, 1982 Number 1230 K/Sip/1980, where good faith buyers who have met the legal requirements for buying and selling land get legal protection. Permenag 13 of 2017 divides legal protection into preventive (based on good faith) and repressive (fines, imprisonment, additional criminal offenses). This regulation provides legal certainty in resolving land disputes outside the court through mediation and negotiation, replacing Permenag 11 of 2016 and ensuring the renewal of laws that protect the rights of buyers in good faith

PERLINDUNGAN HUKUM PENERBITAN SERTIFIKAT APOSTILLE SEBAGAI LEGALISASI PUBLIK TERKAIT DENGAN AKTA NOTARIS SEBAGAI DOKUMEN DALAM RANAH PRIVAT.

Legalization of public documents required for the purposes of legal acts civil cross country. In each country the process of legalization of documents takes time which is quite a lot and a long process, and it is considered ineffective and efficient. For this reason, the International Convention on the elimination of Legalization of Foreign documents with Apostille on October 5, 1961. The problem raised is how to protect notaries in the mechanism of issuing apostille certificates in Indonesia as a public legalization in terms of notarial deed documents in the private sphere? and what about the notarial protection of foreign public documents that have been diapostilled in all participating countries? as well as using the theory of publicity theory and legal protection theory.
 Legal research methods used in this study are normative juridical law research methods. This normative juridical Law Research done by researching library materials with sources on materials primary, secondary, and tertiary law. Research approach used in this study is a micro comparative approach, analytical approach, and case approach. Legal material collection techniques carried out by identification and inventory of positive legal rules, literature books, journals, and other sources of legal materials. Technical analysis of legal materials is done with systematic interpretation, historical, and grammatical interpretation, and construction methods law. The results of research conducted found that there is no regulation level with the laws governing the protection of law against notaries related to the shift of notarial deed as a private document become a public document on Apostille. Legal liability is only necessary performed by a notary if proven legally and convincingly that the notary make a mistake, if it can not be proved and not committed violations committed by the notary, the notary can not requested legal liability

Pertanggungjawaban Pidana Terhadap Jabatan Dalam Tindak Pidana Korupsi Pengadaan Barang Dan Jasa

Introduction: The element of “abusing authority” is a core part of the corruption offense. 
 Purposes of the Research: Abuse of authority is a form of unlawful act.
 Methods of the Research: The method in this study was carried out using the type of research used was normative legal research. The approach to the problem used in this paper is a statutory approach. The sources of legal materials use Primary Legal Materials and Secondary Legal Materials. The technique of collecting legal materials uses statutory regulations, books and the internet, which is also the technique of managing and analyzing legal materials using qualitative analysis methods.
 Results of the Research: In terms of carrying out the duties and authorities as a definitive official as well as a task-carrying official in the Southwest Maluku district communication and information office, the actions of an official based on the authority attached to his or her position are not necessarily free from legal problems. In order to continue the Runway construction work (Moa airport construction work) sourced from the 2012 Fiscal Year Budget, the defendant PM as a Budget User (PA) and as a Commitment Making Officer (PPK) because his negligence resulted in state financial losses

Kebijakan Penanggulangan Prostitusi Online Melalui Media Sosial

Introduction: The existence of a criminal law policy in an effort to combat online prostitution cannot be separated from the existence of cases of online prostitution in Indonesia. 
 Purposes of the Research: The current positive law regulations have not been able to tackle the crime of online prostitution through social media in Indonesia. So it needs to be reviewed in formulating criminal provisions relating to online prostitution to create a better arrangement in the future.
 Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The technique for reviewing and collecting primary, secondary and tertiary legal materials is to use documentation studies. The data analysis used in normative legal research is qualitative analysis
 Results of the Research: Based on the results of the study, it was found that the concept of online prostitution prevention policies through social media can be overcome with feminist policies so that they can position women according to conditions with criminalization, legalization and decriminalization approaches by eliminating criminal acts of online prostitution through social media based on the socio-cultural background of the Indonesian people and state, while other approaches can also be considered as a policy concept for overcoming the crime of online prostitution through social media. The policy of overcoming the crime of online prostitution through social media has been integrated with criminal law because online prostitution through social media can be handled using criminal law outside the Criminal Code which has a special nature, namely Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons. the shortcomings of the Criminal Code, therefore in an effort to overcome the crime of online prostitution, policies are needed that can provide guarantees and protection to women as perpetrators of online prostitution with various policies and approaches born from socio-cultural values.

Kesadaran Hukum Masyarakat Pesisir Terhadap Pengelolaan Lingkungan di Desa Bukit Samang Kecamatan Sendana

Environmental problems involve all components of the country and all elements of Indonesian society and even become rights and obligations, as regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. Community participation, especially houses living in coastal areas, is very necessary in preparing plans for environmental management in the region. However, based on observations made by the author, the environmental conditions in the coastal area of ​​Bukit Samang, Sendana District, Majene Regency are included in the category of areas that are less clean. Traders who sell young coconuts along the beach still throw rubbish carelessly, potentially damaging the environment and polluting the coastal area. This research aims to determine the legal awareness of coastal communities regarding environmental management in Bukit Samang Village, Sendana District. This research is normative legal research. The approach is taken by reviewing literature or literature studies and directly observing conditions in the field related to the problem to be researched. The sources of legal materials used are primary and secondary legal materials which are then interpreted and analyzed qualitatively. Results of the research, this shows that The coastal area in Bukit Samang, Sendana District, Majene Regency is included in the category of areas that are less clean. This is characterized by a lack of legal awareness among the public or traders selling young coconuts along the coast who still throw rubbish carelessly which has the potential to damage the environment and pollute the coastal area. This is due to the government's unequal attention to areas far from the center of government, such as equal distribution of rubbish bins, in addition to providing sanctions that are only administrative in nature and do not have a deterrent effect on violators of space use.

Islamic Law Perspective: The Issue of Interfaith Marriage and its Impact on Society in Indonesia

Indonesia has different cultures, customs, and religions, as well as different beliefs; of course, each society has different rules, including marriage. Every marriage cannot be separated from the important influence of religion, belief, and culture of the community and religious leaders in the area where the community is located. The aim of this research is to explore knowledge about the perspective of Islamic religious law in interfaith marriages. This research also aims to determine the possible social impacts that can occur for those who enter into interfaith marriages in Indonesia. The research method used in this research is a normative legal research method, namely using legal material sources in the form of statutory regulations, court decisions/decisions, contracts/agreements/agreements, legal theory, and expert opinions. The results of the research obtained are that there are no loopholes, and potential interfaith marriages can be legalized according to religious law and law in Indonesia, apart from that, interfaith marriages can trigger potential conflicts between communities, family relationships, husband and wife relationships as well as the resulting negative impact on the resulting children, from interfaith marriages. This research has implications for comparisons of how other Muslim-majority countries handle interfaith marriages within the framework of Islamic law. This can provide valuable insight into alternative approaches and potential best practices for Indonesia.

Pertanggungjawaban Pidana terhadap Anak Ditinjau dari Hukum Pidana Islam dan Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

A child who commits a crime is a child with problems, who lives in an unhealthy family or social environment. Then comes the behavior of children who are not in accordance with the norms in society. As a result, the child must be held accountable for his actions. However, the ability of children to be responsible for their actions varies according to the ability to think according to the time they go through. The purpose of this study is to determine criminal responsibility for children in terms of Islamic criminal law and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System and to find out the differences and similarities and which laws are relevant between the two laws. The type of research used is normative juridical law research, using a descriptive and comparative approach and the sources of legal materials used in this research are primary and secondary sources of legal materials. The results of this study show that between Islamic criminal law and Law Number 11 of 2012 concerning the juvenile justice system, there are differences and similarities in terms of criminal responsibility for children, where the differences are in the legal basis, the age limit for children to sanctions and similarities in both laws. both of them put forward the best interests of the child through diversion in the form of a restorative justice approach, both determine the factors of reason and will as the main conditions for being responsible and equally provide teaching and direction to children who commit crimes.

Intervention on the Status of Unwed Children After the Constitutional Court Decision

Intervention on the status of children out of wedlock after the decision of the constitutional court and what constitutional judges considerations in issuing Decision Number 46 / PUU-VIII / 2010. This type of research is a type of normative legal research with a statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used is the literature study technique and then arranged descriptively and systematically. The results showed that (1) Since the Constitutional Court ruling No. 46 / PUU-VIII / 2010, an extramarital child can have a civil relationship with a man as his father if it can be proven by science and technology that the child has a blood relationship with the man. (2) Children are the result of a mother and father relationship either because of sexual relations or because other actions are in accordance with technological developments that can cause pregnancy, therefore the Constitutional Court judge granted judicial revew of Article 43 paragraph (1) of the 1945 constitution.

PROBLEMATIKA PELAKSANAAN PEMBERIAN BANTUAN HUKUM PADA TINGKAT PENYIDIKAN

<p><em><span class="fontstyle2">This study aims to find out the the arrangement of the rights of suspects to receive legal aid in Indonesian positive law. In addition, it is also to find out the problems in the implementation of the provision of legal aid at the investigative level. The method used in this research is normative legal research which is prescriptive and applied. The approach that the author uses in this study is statute approach and conseptual approach. The types and sources of legal materials used are primary and secondary legal materials by means of literature/document studies. The law material analysis technique uses the syllogism method using a deductive mindset. Based on the results of the study, it was found that in principle the arrangements regarding the rights of suspects to receive legal aid at the investigation level have been regulated in such a way in various laws and regulations of the Republic of Indonesia. However, legal aid arrangements that have been arranged in such a way do not mean there are no problems in their implementation. The provision of legal aid at the investigation level, where the main arrangement is based on the provisions of Article 56 of the Criminal Procedure Code, there are still various problems in its implementation. The problem can be seen from the legal system, legal structure, and legal culture of the implementation of the provision of legal aid at this level of investigation.</span></em></p><p><em><span class="fontstyle2">Keywords</span><span class="fontstyle0">: </span><a href="/verstek/article/view/73108"><span class="fontstyle2">Legal Aid; Investigation; Suspect</span></a></em></p>

PENGGUNAAN POLIGRAF (LIE DETECTOR) DALAM PEMBUKTIAN PERKARA PERSETUBUHAN ANAK

<p><em>This article analyses the use of a polygraph (lie detector) in proving cases of child intercourse in decision number: 111/Pid.Sus/2020/PN Wno. The purpose of this article is to determine the suitability of using a polygraph (lie detector) in the crime of sexual intercourse with a child under the provisions of Article 184 paragraph (1) of the Criminal Procedure Code. This writing uses normative legal research methods that are prescriptive and applied. The approach used in this research is a case approach. Types and sources of legal materials through library research. The results of the study show that the use of a polygraph (lie detector) in the evidence carried out by the Public Prosecutor regarding the crime of sexual intercourse with a child in the decision number: 111/Pid.Sus/2020/PN Wno is in accordance with Article 184 paragraph (1) of the Criminal Procedure Code, namely as letter evidence. However, in this case its position is only limited as complementary evidence, not as the main evidence at trial, so it must be paired with other evidence to strengthen the evidentiary process in court.</em></p><p><em> </em><em>Keywords:</em><a href="/verstek/article/view/71922"><em> Proof; Polygraph; Letter</em></a></p>

KESALAHAN PENERAPAN HUKUM SEBAGAI ALASAN KASASI TINDAK PIDANA TURUT SERTA MEMALSUKAN SURAT SECARA BERLANJUT

<em>This legal research aims to find out the misapplication of the law by the District Court Judge as the reason for the Public Prosecutor's cassation against the acquittal in the criminal case of participating in forging letters related to the provisions of Article 253 paragraph (1) of the Criminal Procedure Code and the suitability of the Supreme Court's consideration in examining and deciding the Public Prosecutor's cassation in Supreme Court Decision Number 1086 K/Pid/2022. This legal research is a prescriptive and applied normative legal research with a case study approach. The source of legal material for this research comes from primary legal materials and secondary legal materials. The legal material collection technique used is document study or literature study. The technique of analyzing legal materials in this study uses the syllogism method with deductive thinking patterns. The results of the research and discussion obtained are that the Public Prosecutor can prove the suitability of the reasons for cassation submitted by him with the reasons for cassation contained in Article 253 paragraph (1) of the Criminal Procedure Code, namely in terms of whether it is true that a legal rule is not applied or applied improperly. Therefore, the Supreme Court granted the cassation of the Public Prosecutor and found the defendant guilty of committing the crime charged, then imposed a prison sentence of 6 (six) month.</em><p><em>Keywords: <a href="/verstek/article/view/73134">Cassation, Mail Forgery, Acquittal Decision.</a></em></p>

ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 5/PUU-X/2012 TENTANG PENGUJIAN PASAL 50 AYAT (3) UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL

International standard education units give rise to discrimination and castration in the field of education, this violates the rights of citizens, especially for students who come from modest or underprivileged families, although this program does provide quotas for poor students who excel but this is questionable how with students who do not excel, they also have the right to get a proper education. This research is a normative research, with the types and sources of legal materials from secondary data. The technique of collecting legal material through literature study, with a deductive conclusion drawing technique. The results of this study are, the consideration of the Constitutional Court in Decision Number 5/PUU-X/2012 regarding the Request for Judicial Review of Article 50 Paragraph (3) of Law Number 20 of 2003 concerning the National Education System, is that there is a difference between RSBI/SBI and schools that not RSBI/SBI, in terms of facilities and infrastructure, financing, and educational output, will result in different treatment between these schools, including their students. This treatment is contrary to constitutional principles which mandate equal treatment between schools and between students, especially since the schools that are affected are government-owned schools. The implication of this decision is that all RSBI schools have the status of regular schools, supervised by the Provincial/District/City governments; all nameplates, letterheads, and RSBI school stamps cannot be used; prohibition of withdrawing RSBI program levies; implementing regular school financing management.