Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pembuatan Akta Wasiat oleh Warga Negara Asing di Indonesia Atas Tanah Hak Milik (Studi Putusan MA Nomor 486_K/Pdt/2020)
Full text linkA testamentary grant is a will contains grant of certain items through testament usually made in a form of notarial deed and takes effect after the testator pass away. Many foreign citizens currently carry out legal acts of making testamentary deed in Indonesia and causes conflict to court disputes as in the Supreme Court Decision Number 486_K/Pdt/2020 which concerns a testamentary grant deed made by a foreign citizen on a land which is owned under the name of an Indonesian citizen through Nominee Agreement. The Panel of Judges at all levels have different considerations regarding the validity of the deed. This research aims to determine foreign citizens’ authority in making testamentary deed in Indonesia and the deed’s validity as in the decision being studied. This doctrinal research uses secondary data in the form of legal materials related to Inheritance Law and National Agrarian Law. The research shows that foreign citizens are authorized to make testamentary deeds in Indonesia based on Article 945 of the Civil Code while still complying to Indonesian law. However, a testamentary grant deed made by foreign citizens on land owned by an Indonesian citizen through Nominee Agreement is null and void and the deed is invalid due to the violation of National Agrarian Law and the Civil Code
Tanggung Jawab Notaris dalam Membuat Covernote Sebagai Jaminan Atas Utang
Full text linkThe purpose of this research is to analyze the legal responsibility of Notaries in creating cover notes as collateral for land title certificates. Covernote, when viewed from the perspective of formal civil law, does not actually have the binding force of a deed made by a notary, because a covernote is not a legal product of a notary and is not regulated under positive law in Indonesia. This type of research is normative, with data collection techniques through literature study, and analyzed qualitatively. The research results show that the notary's responsibility in the covernote is limited to the period when the document handled by the notary is still in the processing stage, such as in the case of the registration process of encumbering rights. If the process of registering the encumbrance of the mortgage handled by the notary is completed until the issuance of the mortgage certificate, then the previous covernote will be replaced by the mortgage certificate that has been processed by the notary as the actual form of guarantee. Covernote is not a proof of collateral but merely serves as a temporary or provisional document, which acts as a basis for the bank that will eventually disburse the loan application. The notary's duty in draughting a covernote as a debt guarantee is to uphold the highest standards of honesty, integrity, impartiality, and diligence in verifying the authenticity of the information provided in the debt guarantee documents in order to avoid any legal ramifications.
Kepastian Hukum Sistem Peradilan Pidana Koneksitas Pasca Putusan Mahkamah Konstitusi Nomor 87/PUU-XXI/2023
Full text linkThe Indonesian criminal justice system faces various legal and practical challenges related to the uncertainty of the forum and coordination mechanisms between the general and military courts. Constitutional Court Decision No. 87/PUU-XXI/2023, read on November 29, 2024, established a new normative basis by integrating the Corruption Eradication Commission (KPK) into the Permanent Connectivity Team, allowing investigations and prosecutions of joint cases to take place in a single process. This study aims to analyze the extent to which this decision strengthens legal certainty in the connected justice system and identify implementation obstacles in the field. The method used is a normative legal approach with a statute approach, a conceptual approach, and a case law approach, supported by a critical review of the effectiveness of the Joint Decree (SKB) establishing the connection team, Standard Operating Procedures (SOPs), and the harmonization of the roles of the Military Prosecutor, Military Police, and the KPK. The results of the study highlight the legal uncertainty in the practice of connectivity between the military and general courts. Constitutional Court Decision No. Regulation No. 87/PUU-XXI/2023 provides a crucial foundation for integrating the Corruption Eradication Commission (KPK) into the Connection Team, enabling integrated case handling. However, its effectiveness remains hampered by technical regulations, inter-agency coordination, and the need for standard operating procedure (SOP) harmonization
Implementasi Perubahan Tata Ruang Kawasan Tambang dalam Rangka Kepastian Hukum di Provinsi Jambi
Full text linkRegional Spatial Planning (RTRW) serves as a guideline for policy development, including long-term regional development plans, medium-term regional development plans, industrial development plans, and investment implementation in the region Law Number 15 of 2019. The establishment of the RTRW in the form of regional regulations (PERDA) provides a strong legal basis for regional governments to direct development, maintain environmental sustainability, prevent conflicts due to overlapping land use, and support sustainable economic growth without neglecting ecological aspects, as well as creating a balance between development and environmental preservation. In an effort to achieve the goals of the state, national development is carried out by all components of the nation and in its implementation there have been two changes to the spatial planning policy of Jambi province since the enactment of Jambi provincial regulation number 9 of 1993The Jambi Province spatial planning plan is no longer in line with regional, economic, political, and environmental developments, resulting in a decline in the quality of space in the Jambi Province region. The research method used is normative juridical, namely a study that focuses on legal norms, legal principles, and legal systems related to the issues discussed. The research findings show that changes in the spatial planning of mining areas in Jambi Province are the result of a complex interaction between internal and external factors, including economic, policy, environmental, social, and the dynamics of national spatial planning law. Internal factors such as the potential for large coal resources, limited logistics infrastructure, and the need for mining infrastructure development have driven changes in the spatial structure and spatial patterns of the region. Furthermore, enforcing compliance with spatial planning is key to directing mining activities to comply with sustainability principles and applicable laws
Analisis Yuridis Perlindungan Hak Cipta terhadap Karya Sastra Berbentuk Fiksi Penggemar (Alternate Universe) pada Platform Wattpad Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta
Full text linkWattpad, as a digital storytelling platform, has become increasingly popular among writers, particularly in producing derivative works known as Alternate Universe (AU) fiction. These works frequently incorporate elements from existing intellectual property, including the names, images, and personas of public figures or fictional characters, often without prior authorization. This study aims to examine the legal protection afforded by copyright law to AU literary works published on the Wattpad platform, analyze the legal consequences of publishing such works that depict identifiable figures without consent, and explore efforts to raise awareness among Wattpad authors regarding copyright compliance. The research addresses the following issues: the juridical analysis of copyright protection for AU-based literature, the legal implications of unauthorized use of celebrity identity, and strategies to promote copyright awareness among content creators on Wattpad. Employing a normative juridical method with a qualitative approach, data were collected through legal literature review and expert interviews. The findings indicate that the use of identifiable personal attributes in AU works without permission constitutes a violation of copyright law, particularly infringing upon the moral and economic rights of the original rights holders. Furthermore, a lack of legal literacy among digital authors presents a significant challenge in the enforcement of intellectual property rights. Hence, systematic education and legal oversight are essential to uphold copyright protections in the digital creative space
Pertanggungjawaban Pidana terhadap Pelaku Memperdagangkan Satwa yang Dilindungi dalam Perspektif Peraturan Perundang-Undangan di Indonesia
Full text linkThe aim of this research is to analyze and discover the criminal liability arrangements for perpetrators of trafficking in protected animals in Indonesia, and to find out and analyze the criminal liability of perpetrators of trafficking in protected animals from the perspective of laws and regulations in Indonesia. The problems of this research are 1) How is the criminal responsibility regulated for perpetrators of trafficking in protected animals in Indonesia? 2) What is the criminal liability of perpetrators of trafficking in protected animals from Indonesian laws and regulations perspective of? This research is a normative juridical research with a statutory approach, conceptual approach and case approach. The results of the research show that firstly, the regulation of criminal liability for perpetrators of trafficking in protected animals in Indonesia is specifically regulated in legislation in the field of conservation of biological resources and ecosystems, which emphasizes criminal liability for perpetrators with imprisonment and fines. Secondly, criminal liability for perpetrators of trafficking in protected animals from the perspective of laws and regulations in Indonesia, must be carried out by making efforts to amend the Law on Conservation of Living Natural Resources and their Ecosystems, in order to create regulatory efforts that meet the characteristics of criminal liability, namely the existence of balance. between law and morals, holistic justice enforcement, flexibility in legal interpretation, community participation, and prevention aspects
Penegakan Hukum Pidana terhadap Penyalahgunaan Ganja oleh Pelaku yang Mengalami Gangguan Jiwa (Studi Putusan No. 1/Pid.Sus/2022/PT SMG)
Full text linkThe author’s research for the thesis entitled “Criminal Law Enforcement Against Cannabis Abuse by Offenders with Mental Disorders (Case Study of Decision No. 1/Pid.Sus/2022/PT SMG)” focuses on examining how criminal law is applied to offenders who abuse cannabis while suffering from mental disorders, as well as reviewing the judge’s considerations in delivering criminal verdicts. This research employs a library research method, legal document collection, and descriptive qualitative data analysis. The data sources include official court decisions, statutory regulations, and relevant legal literature, which are used to provide a descriptive account of the application of criminal law to cannabis abuse committed by offenders with mental disorders. The findings reveal that the implementation of Article 44 of the Indonesian Criminal Code (KUHP) in such cases remains inconsistent. Law enforcement tends to prioritize repressive punishment over rehabilitative measures, even when there is strong medical and psychological evidence supporting the offender’s mental disorder. This situation indicates the need for policy and procedural reforms to ensure that the human rights and mental health care needs of the offenders are adequately protected. Furthermore, the study offers deeper insights into the importance of a legal approach that is not solely repressive but also takes into account the psychological condition and human rights of the offenders
Penerapan Asas Kelangsungan Usaha Debitor Pailit (Studi Kasus Putusan Nomor 10/Pdt.Sus-Pailit/2024/PN.Niaga.Smg)
Full text linkThis study aims to explore the concept of Going Concern in the context of bankruptcy and analyze how this principle is applied in bankruptcy law. The going concern principle provides an opportunity for potentially viable debtor companies to continue operating. The provision in Article 104 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) stipulates that the curator has the authority to continue the business activities of the debtor declared bankrupt, provided that they obtain approval from the temporary creditors' committee or permission from the supervisory judge if the creditors' committee is not formed. The filing of a bankruptcy petition can be done by the debtor or creditor with relatively easy requirements, namely having at least two creditors and debts that are due and collectible, as stipulated in Article 2 paragraph (1) of Law Number 37 of 2004. (UUK-PKPU). The easy requirements often harm the debtor, as they can be exploited by a bankruptcy applicant with bad intentions. As in the Commercial Court Decision Number 10/Pdt.Sus-Pailit/2024/PN.Niaga.Smg, where the panel of judges declared PT Panamtex bankrupt based on the minimum requirements for a bankruptcy petition and did not consider the solvency condition of the company. Therefore, can the principle of business continuity still be present in providing protection for the debtor, and how is it applied when viewed from the perspective of bankruptcy law in Indonesia
Jaminan Kehilangan Pekerjaan terhadap Pekerja/Buruh Akibat Pemutusan Hubungan Kerja Sebagai Upaya Mewujudkan Keadilan
Full text linkPost the enactment of the Job Creation Law, the Government has established Government Regulation Number 37 of 2021 concerning the Implementation of the Unemployment Insurance Program, which is one of the government's policies related to additional employment social security guarantees that are a derivative of the National Social Security System as regulated in Law Number 40 of 2004. However, this unemployment program has instead become a point of contention for stakeholders, particularly from the worker/labor group, who feel that the program does not provide benefits in terms of legal protection and fairness. Therefore, the researcher conducted a normative legal study on the principles of legal protection and justice contained in the articles of the regulation. This study uses a normative legal research method that is descriptively analytical. This research uses several approaches, namely: the statutory approach, the conceptual approach, and the comparative approach. (comparative approach). The focus of this research is to examine the principles of legal protection and the concept of justice in Government Regulation Number 37 of 2021. As a normative legal provision, this regulation needs to be reviewed again, evaluated, and supplemented with several articles or provisions that govern the implementation of the job loss guarantee program, so that it can uphold the principles of legal protection and justice, preventing this regulation from merely becoming an aspirational legal norm (ius constituendum) or a dead legal regulation/norm
Penegakan Hukum Perdata dalam Penyelesaian Peredaran Rokok Ilegal
Full text linkThe circulation of illegal cigarettes is a serious problem, impacting not only health but also state revenue from the tax sector and creating unfair business competition. In practice, the resolution of illegal cigarette circulation is not only carried out through a criminal approach but also uses administrative and civil law instruments related to dispute resolution for parties harmed by the circulation of illegal cigarettes. The problem in this paper is how the civil settlement mechanism for illegal cigarette dealers in practice. The type of research method used in writing this journal is normative juridical research using the statute approach and the case approach. From the results of the discussion, it can be concluded that the civil settlement mechanism for illegal cigarette dealers is to pay compensation to the state, either through the courts or customs officers, a maximum of 7 times the price of the illegal cigarettes