Supreme Court Number Research Articles

Keabsahan Akta Autentik yang Mengandung Unsur Tindak Pidana Pemalsuan

Notary deed is the perfect, strongest, and most complete proof of evidence, thus not only guaranteeing legal certainty but also avoiding disputes. In practice, however, disputes often arise due to the existence of a notary deed. The notary can be liable for his action in making authentic deeds that are not in accordance with the applied provisions or are carried out against the law. This study has 2 formulations of the problem, first, how is the validity of the deed made before a notary containing fraudulent acts according to the Decision of Supreme Court Number 1003 K/PID/2015, and second, how is the notary's liability for the notarial deed containing fraud. The method in this study is normative legal research. The results show that, first, based on the Decision of Supreme Court Number 1003 K/PID/2015 in conjunction with the decision of Pekanbaru District Court Number 247/Pdt.G/2016/PN.Pbr, the Notary Deed No. 149 dated March 30, 2011 is declared valid and valuable before the law, but in terms of the strength of evidence, it is degraded from authentic deed to private deed for violating Article 48, 49, 50, and 51 of Law on Notary concerning Investigators. Second, the notary's legal duty for the deed containing fraud includes criminal, civil, and administrative liabilities. Keywords: Authentic deed; fraud; notary

KONSTRUKSI HUKUM DALAM PEMBUKTIAN UNSUR TINDAK PIDANA PEMBUNUHAN BERENCANA

In this research, the author saw in two court judgments which taken out by the District Court (PN) of Raba Bima, number 341/Pid.B/2014/PN.R.bi and the High Court of Mataram (PT), number 20/Pid/2015/PT.Mtr. Both of judgments are strengthen each other, it defendant is in the period of detention during 19 years in prison. However, the verdict/judgment of Supreme Court Number 815K/Pid/2015 cancelled of two court judgment which it underneath. In this case, the Judge has different view of law as the main point to be consideration to make decision for Abdul Khalik. The construction of law in this case has to be seen and translated by the concept of judgment and legal certainty, because of different decision making by District Court (PN) of Raba Bima, the High Court of Mataram and Supreme Court which is freeing Abdul Khalik from all lawsuits. Based on these situation, it need to deep analysis and critically to get the best judgment as the goal of criminal law which is born by the criminal justice system.

PEMBARUAN HUKUM WARIS ISLAM DI INDONESIA

This article discusses one of the agenda reforming Islamic law about inheritance for the descendant of different religion. According to the Decree of the Supreme Court Number: 368 K/AG/1995 on and number Nomor: 51 K/AG/1999 it is possible for non muslim descendants to receive inheritance through wajibah. Kata kunci : Pembaruan, Hukum Waris Islam

KEDUDUKAN HUKUM ISBAT NIKAH LUAR NEGERI

This paper is motivated by the number of Indonesian Workers (TKI) who work abroad to get married in Sirri, some of them occurred in Malaysia. Based on this background, the authors interested in explaining the legal position validation of marriage in outside the country. That is the legal basis for the implementation of validation of marriage outside the country, referring to the legislation, ranging from generalist like regulations of Law Number 48 Of 2009 about The Judicial Authorities of clause 60B and Law about Religious Courts, as well as the rule of lex specialist like Circular Supreme Court Number 10 Of 2010, appendix B SK Supreme Court Nomor 084/KMA/ SK/V/2011 on Permit Session Establishment Marriage (isbat nikah/validation of marriage) in The embassies of the Republic of Indonesia. procedures of case examination about validation of marriage in outside the country followed the procedural law applicable in the Religious Court, whereas KUA which the authorities listed about validation of marriage in outside the country is PPN (The Registrar of Marriage) located in The embassies of the Republic of Indonesia in each country.

ASAS KEPASTIAN HUKUM, KEADILAN DAN KEMANFAATAN DALAM KAITANNYA DENGAN PUTUSAN KEPAILITAN PENGADILAN NIAGA

The principles of legal assurance, justice and expediency are properly stipulated in the provisions of the Act Number 37 Year 2004. The legal assurance is seen by the rapidity of the settlement and the expeditious evidentiary procedure. The justice is reflected in equality principle in the proceeding. Then, the expediency is conceived from the imposition of bankruptcy as the last resort (ultimum remidium ) and the application of open to public-trial. Nevertheless, in certain case laws from the Commercial Court, the principles were not applied harmoniously. The legal assurance appears to be more emphasized than the other principles. Take for example the bankruptcy case of PT Telekomu-nikasi Phones (District-Commercial Court of Central Jakarta Number: 48/Bankruptcy/2012/PN Nia-ga.Jkt.Pst) that has been reviewed and nullified by the Supreme Court Number: 704K/Pdt.Sus/ 2012).Key words: legal certainty, justice, expediency, bankruptcy decision.