Theory Of Certainty Research Articles

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

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

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

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

Asas Kepastian Hukum dalam Aturan Sanksi Pelanggaran Pencatatan Perkawinan Undang-Undang Hukum Keluarga Malaysia

This article discusses the rules of sanctions against marriage registration violations in Malaysia. Unregistered marriages often negate the rights that must be fulfilled for both spouses and children. The imposition of sanctions for those who fail to register their marriages is oriented towards the highly essential welfare to establish legal certainty for Malaysian citizens who enter into marriage. This writing focuses on the violation rules of marriage registration under Article 125 of the Federal Territories Act 303 of Malaysia. This research employs a normative juridical approach with legislative and conceptual approaches using Gustav Radbruch's legal certainty theory. The results of this study indicate that the rules of sanctions for marriage registration violations in Malaysia are highly important and relevant in the application of the principle of legal certainty to protect the rights of citizens who enter into marriage. Â Â

Legal Protection of Depositors' Funds in The Event of Bank Liquidation

In general, a bank is a financial intermediary institution generally established with the authority to accept money deposits, lend money, and issue promissory notes or what is known as banknotes, banks in carrying out one of their functions are collecting funds from the public in other words, storing funds in the bank gets the benefit of interest for customers, in this case not all the benefits promised by the bank can be realized the higher the interest it seems that we as customer consumers feel benefited, but in reality there are banks that provide high interest after that the health of their banks decreases so that it has an impact on customer consumers on their savings at the bank. The formulation of the problems raised in this study are 1). What are the consequences or legal consequences for banks in the placement of funds that are not in accordance with the LPS policy in the event that the bank is not healthy? 2). How is the legal protection of depositors in the event that the bank is liquidated by LPS? This research uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, relevant laws and regulations, relevant court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of satisfaction, the theory of legal certainty and the theory of legal protection. The conclusion of this research is to provide protection to customers if they save funds in banks that are determined to be unhealthy by the Deposit Insurance Corporation so that customers feel safe if they want to save their funds in the banking world.

Telaah Implikasi Pembedaan Status Kepegawaian PPPK dan Pemenuhan HAM dalam Payung Hukum PPPK di Indonesia

This research is based on the presence of Government Employees with Work Agreements (PPPK) in the horizon of the civil service, who are one of the civil servants besides the State Civil Servants (PNS). PPPK holds the same position as PNS, but in terms of employment status, PPPK has a different employment status. This distinction in work status has effects on everything from the length of the employment contract to the fulfillment of human rights obligations, which are different from other civil servants as stated in the regulatory framework related to PPPK in Indonesia. This research aims to identify any regulations related to PPPK that identify status and positional differentiation, which would have negative effects on PPPK, as well as to ascertain whether Indonesian regulations or legal frameworks pertaining to PPPK are consistent with the principles of human rights. This study is a normative research using statute and conceptual approaches related to PPPK regulations, as well as the theory of legal certainty by Gustav Radbruch, and examines several legal sources. Therefore, the discussion and research results will focus more on the differences in employment status and the fulfillment of rights for PPPK within the legal framework governing PPPK in Indonesia.

KEBIJAKAN PEMERINTAH PUSAT DALAM PENERAPAN MORATORIUM DENGAN PEMEKARAN PAPUA

The issues raised in this study are the division of D Papua and the implementation of the moratorium. Based on Law Number 23 of 2014 concerning Regional Government and Law Number 2 of 2021 concerning the Second Amendment to Law Number 21 of 2001 concerning Special Autonomy for the Province of Papua for the implementation of this Law the government issued Government Regulation Number 106 of 2021 concerning the authority and institutional implementation of the special autonomy policy for the province of Papua. In this research, Organ Theory and Legal Certainty Theory are used which will be the tools of analysis to dissect existing problems.

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 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

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

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.

Keadilan Dan Kepastian Hukum (Refleksi Kajian Filsafat Hukum Dalam Pemikiran Hukum Imam Syâtibî)

This paper aims to explore the philosophical roots of Syatibi's legal thinking on justice and legal certainty and its relevance to the Indonesian legal state. The theories used in this paper consist of the theory of justice, the theory of legal certainty and the theory of the rule of law. The theory of justice is part of the study of legal philosophy, which Syatibi calls moral and legal integrity. The theory of legal certainty is the basic norms (grundnorm) extracted from Syatibi's works. The method used in this paper is normative juridical with a philosophy of law approach. Philosophy of law is an intellectual activity that thinks rationally, systematically, comprehensively, integrally and critically. The results of the study show that Syatibi, a legal reformer of Granada in the 8th century H/14 AD who is of the Maliki school of thought, has laid the foundation and principles of the rule of law in realising justice and legal certainty through his three monumental works, al-Muwafaqat fi Ushul al-Syari'ah, I'tisam and Fatawa Syatibi. Syatibi's legal philosophy thinking on legal justice is formulated in three legal constructs namely al-maslahah, al-sahl and 'adam al-kharaj. Syatibi formulated legal certainty on five basic legal principles (grundnorm) consisting of: (1), Muqaddimah (preamble), (2). Al-Ahkam (laws), (3). Al-Maqasid (purpose or direction to be achieved), (4). Al-Adillah (legal arguments), and (5). Ijtihad (Legal Reasoning). The idea of the rule of law in the Indonesian context both in the perspective of the rule of law and rechtstaat is dominated by the legal system of Western countries which in general is the idea of the rule of law derived from the results of Western intellectual thought based on liberal and secular philosophies. Law is only limited to positivism, meaning that law is interpreted as an order from the law which results in law only in the form of legal certainty. Positivistic law separates legal justice from legal certainty or separates law from morals. In contrast to the thinking of Islamic legal philosophers such as Shathibi who combines law with justice.

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

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

Legality of Online Arbitration Decisions in Indonesia Based on the Theory of Legal Certainty

This thesis research was carried out due to the development of information and communication technology which has an impact on trading activities. The impact of these developments is currently the existence of trade conducted online, which results in the emergence of the use of digital contracts as a form of agreement which often causes disputes and in business prefers online dispute resolution, especially online arbitration. However, in Indonesia the legal basis for online arbitration has not specifically regulated online arbitration awards. This research was conducted with the aim of knowing and studying the legality of online arbitral awards in Indonesia based on the theory of legal certainty and also the relevance of Law Number 30 of 1999 about Arbitration and Alternative Dispute Resolution to online arbitration, especially regarding online arbitration awards in Indonesia. This research is a normative research with a conceptual approach and statutory approach. The data source is in the form of secondary data consisting of primary legal materials and secondary legal materials, which are analyzed using legal analysis methods. Drawing conclusions using a deductive thinking process. The theory of legal certainty is used as an analytical knife in reviewing research results. The results of the study show that online arbitral awards when associated with Gustav Radbruch's theory of legal certainty still occur in a dilemmatic choice and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution has not yet accommodated arrangements regarding online arbitration in Indonesia, especially regarding online arbitration awards, this causes Even though the decision has legality, if there is no law that regulates it for certain, then the aspect of legal certainty does not necessarily exist.

KEDUDUKAN NAZHIR YANG TIDAK TERDAFTAR PADA KEMENTERIAN AGAMA DAN BADAN WAKAF INDONESIA SEHUBUNGAN DENGAN HARTA BENDA WAKAF DITINJAU DARI UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF

Nahzir waqf is responsible for maintaining and managing waqf property in accordance with its intended purpose. As per law number 41 of 2004, article 1 paragraph (4), the Nazhir is the recipient of waqf property and is entrusted with its management and development. The Nazhir plays a crucial role in the waqf system as they are essential for achieving the optimal utilization of waqf. This raises the question of the Nazhir's position in Law no. 41 of 2004 and the legal consequences for unregistered Nazhirs with the Ministry of Religion and the Indonesian Waqf Board. The legal theory employed in this context is the theory of legal consequences and the theory of legal certainty. The research methodology employed in this study is normative juridical research, which combines interviews with library law research utilizing primary, secondary, and tertiary legal sources. The research approach encompasses the Statute Approach, Conceptual Approach, Analytical Approach, and Case Approach. The technique used to gather legal materials involves identifying and cataloging positive legal rules, literature books, journals, and other relevant legal sources. The analysis of legal materials involves legal interpretation, systematic interpretation, and legal construction methods. The research findings regarding the position of Nazhir waqf in law no. 41 of 2004 reveal that waqf land that fails to meet the required administrative provisions, as specified in the legislation, leads to inequality and imbalance in terms of legal certainty, especially when compared to waqf land that possesses proper certificates. Consequently, the legal consequence for a Nazhir who is not registered with the Ministry of Religion and the Indonesian Waqf Board is that their status as the manager of waqf land, without fulfilling the necessary administrative requirements stated in the legislation, results in inequality and imbalance in terms of legal certainty.

REGULATION OF REGISTRATION OF TRANSFER OF RIGHTS TO LAND DUE TO INSTRUCTION IN THE PERSPECTIVE OF PERMEN ATR/ KBPN NUMBER 16 YEAR 2021

This paper analyzes the Registration Arrangements for the Transfer of Land Rights Due to Inheritance. The focus of the study in this paper is on the regulation of the registration of the transfer of land rights due to inheritance in the perspective of Permen ATR/KBPN Number 16 of 2021. The research method used in this paper is a normative research method using the Law, Concept, and Comparative Approach. Law. The analysis of legal materials in this paper is carried out using several legal theories, namely the theory of benefit, the theory of legal protection, and also the theory of legal certainty as an analytical tool in discussing legal issues in this study. It can be concluded that the regulation of land registration due to inheritance which was originally regulated based on the division of population groups as determined by the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 has now been amended as based on the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 16 of 1997. 2021 which abolishes the provisions on the division of population groups in the land registration process due to inheritance in Indonesia. The legal materials used are primary legal materials in the form of laws and regulations relating to the formulation of the issues raised, then secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it is found that there is an inconsistency of norms in the land registration process due to inheritance, which can be seen in Article 111 Paragraph (1) letter c of the Minister of ATR/KBPN Number 16/2021 which does not guarantee legal certainty and still causes multiple interpretations in its implementation.

LEGAL PROTECTION OF OWNERSHIP OF FLATS UNITS AGAINST FOREIGN NATIONALS IN INDONESIA

This paper analyzes the legal protection of ownership of apartment units against foreign nationals in Indonesia. The focus of the study in this paper is the ambiguity of protection and legal certainty in the provisions of Article 144 of the Copyright Law jo. Article 71 paragraph (1) PP No. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, which regulates the granting of Ownership Rights to Flat Units to foreigners over HGB and use rights if land rights are not extended. The method used is a normative legal research approach, namely a statutory approach and a conceptual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty, the theory of legal protection and the theory of justice. The legal materials used are primary legal materials in the form of legislation, which are complemented by secondary legal materials in the form of reputable journals and the latest literature. The results that can be concluded in this study are the Job Creation Act and PP No. 18 of 2021 does not stipulate if the rights to the land that are the basis of the apartment are not extended or renewed, so that it does not reflect the existence of legal certainty over the ownership of flats by foreigners. This also has implications for the legal protection that will be obtained by foreigners, so that foreigners may lose money when buying flats in Indonesia, because their bargaining position is weaker in Indonesian land law. The purpose of this analysis is to provide certainty and legal protection of ownership of flats for foreign nationals in Indonesia.

THE ROLE OF CYBER NOTARY IN THE FIELD OF DIGITAL INTERNATIONAL TRADE IN INDONESIA

In Indonesia, a notary refers to a public official appointed by the Government to perform some of the Government’s functions in the field of civil law. In the context of Cyber ​​Notary, the task of a public notary official is more to execute administrative processes combined with security technology by affixing a stamp/seal to a document/agreement file as a form of administration or registration of documents. This research is normative legal research. In this study, the legal materials which had been collected were analyzed in several stages, such as description, systematization and explanation. Philosophical nature of cyber notary in providing legal services to the community is based on the fundamentality of the theory of legal certainty which brings justice and legal certainty to the community into reality, especially through deeds made. The concept of cyber notary is to support Indonesia in the field of international trade based on UNCITRAL. Implementation of the UNCITRAL Model Law on Electronic Commerce in the application of electronic signatures in Indonesia has admittedly been regulated, such as in Article 11 paragraph 1 of the Electronic Information and Transaction Law and Article 59 paragraph 3 of Government Regulation No. 71 of 2019.

TRAINING VILLAGE TENURE RIGHTS ON COASTAL LAND VS VILLAGE ULAYAT IN UNGASAN TRADITIONAL VILLAGE

This paper analyzes the Customary Village Tenure Rights on Coastal Land as Village Customs in the Ungasan Traditional Village. The focus of the study in this paper is on land that has been certified and Ulayat land is joint land with the members of the customary law community concerned. The research method used in this paper is an empirical legal research method using the Legal Approach, Analytical, Case Approach, Customary Law Approach, and Legal Sociology Approach. The analysis of legal materials in this paper is carried out by using several legal theories, namely Legal Certainty Theory, Authority Theory, Justice Theory, and Benefit Theory where these theories will later serve as analytical tools in discussing legal issues in this study. It can be concluded that the right of control over customary land to coastal land follows the concept of control rights regulated in Article 33 paragraph (3) of the 1945 Constitution in conjunction with Article 2 Paragraph (1) of the BAL. The regulation on the use of coastal land controlled by the Ungasan Traditional Village has been stated and regulated clearly as it turns out in the Ungasan Traditional Village Awig-Awig and Ungasan Traditional Village Perarem Number 06 of 2020, it can be seen that there are clear arrangements relating to the use of coastal land areas in the Ungasan Village. Ungasan Traditional Village. In relation to the authority of the Ungasan Traditional Village on the utilization of the coastal land area in its territory, it is based on the existence of the customary land rights owned by the Ungasan Traditional Village based on Article 18 of the 1945 B UUD.