Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
Not a member yet
525 research outputs found
Sort by
Perbuatan Melawan Hukum Yang Mengakibatkan Akta Jual Beli Batal Demi Hukum (Studi Kasus Putusan Mahkamah Agung Nomor 1615 K/PDT/2020)
Get PDFIn conducting the sale and purchase of land, material requirements must be met followed by formal requirements, namely the deed of sale and purchase is drawn up and signed by the parties before the Land Deed Making Officer. The deed of sale and purchase serves as evidence that a binding agreement and agreement have been made among the parties involved, confirming the transfer of land rights accompanied by the payment of the price, thereby making the recipient of the rights or the buyer the new holder of the rights. This study aims to examine a tort of transferring land rights without the knowledge of the landowner in the case of Supreme Court Decision Number 1615 K/Pdt/2020, and the transfer of land rights based on national land law. The research method used in this study is normative legal research. This study resulted in the conclusion that the legal considerations and the judge's decision in the Supreme Court Decision Number 1615 K/Pdt/2020 were appropriate, proving that the Defendants had engaged in a tort under Article 1365 of the Civil Code, which resulted in the transfer of ownership rights without the knowledge of the Plaintiff. Since the enactment of Government Regulation No. 10/1961, which was later amended to Government Regulation No. 24/1997 concerning Land Registration, the sale and purchase transactions are conducted in the presence of authorized Land Deed Officers who have the authority to create the deed. The conclusive evidence of a transfer of the rights from the seller to the buyer, along with the payment of the agreed-upon price, is established by the executed deed of sale and purchase between the involved parties. Therefore, the relevant sale and purchase transaction has been carried out in a tangible manner
Tinjauan Yuridis terhadap Pengalihan Utang (Over Credit) Dibawah Tangan Atas Perjanjian Leasing Kendaraan Mobil
Get PDFOn the basis of Pancasila's mandate and the 1945 Constitution, numerous economic activities were carried out during the period of national economic development to achieve a just and prosperous society. Leasing is one type of business activity that can be carried out in the financial and non-financial sectors to help the economy grow. A lease is an agreement between the lessor and the lessee to rent a particular kind of capital goods that the lessee chooses. In point of fact, numerous breakthroughs are regarded as in violation of the leasing party's agreements. Where this is known as over credit (obligation move) under the hands or without the information on the important gatherings, in particular renting. The issue lies in the connection between Law Number 42 of 1999 concerning Fiduciary Guarantees and the implementation of over credit (debt transfer) in car leasing agreements as well as the factors that prevent it. The exploration technique utilizes an observational juridical methodology, as per the creators, as the creators make sense of that the presence of these occasions requires a comprehension for the general population about the lawful component of over credit (move of obligation) in credit, particularly for vehicle vehicles. Based on these issues, scientists need to thoroughly analyze the component of over credit (obligation move) in renting (renting) related with Regulation Number 42 of 1999 concerning Trustee Assurances
Affirmative Action Untuk Penyandang Disabilitas: Memenuhi Hak Pilih dalam Pemilu Yang Adil
Get PDFThis research analyzes the fulfillment of voting rights for people with disabilities in elections and the efforts of affirmative action to achieve justice. People with disabilities have equal opportunities in elections according to the Constitutional Court's decision and the Election Law. Although the number of people with disabilities is approximately 1% of the population, it is important for the General Election Commission (KPU) to accurately register them. The fulfillment of voting rights for people with disabilities is in accordance with the 1945 Constitution and the Human Rights Law. People with disabilities are vulnerable groups with special rights guaranteed by the Disability Law. However, their political rights are often neglected due to stigma and discrimination. Through normative legal research, affirmative action becomes important as a temporary policy to provide equal opportunities. Active participation of people with disabilities is key in elections. The government categorizes voters as normal and those with mental disorders, but the difference between mental disabilities and insanity must be understood. Mental disorders and memory impairment are not the only requirements for elections. This research emphasizes the importance of fulfilling the voting rights of people with disabilities and the efforts of affirmative action for justice. Improvements in registration systems, elimination of stigma, and better understanding of political rights are expected to increase participation in the political process
Analisis Putusan Pengadilan Negeri Baturaja Dalam Perkara Tindak Pidana Pencurian Studi Kasus Nomor: 333/Pid.B/2020/PN BTA terhadap Peraturan Mahkamah Agung Nomor 02 Tahun 2012
Get PDFThe issue of criminal law is widely discussed and in the spotlight, the public in general considers that it is very unfair if these minor cases threaten the punishment is not proportional to the value of the goods stolen by the perpetrator. So that the petty theft crime should be threatened with Article 364 of the Criminal Code which is guided by Supreme Court Regulation No.2 of 2012 must be applied with Article 362 of the Criminal Code. The reason why the judge did not use Article 364 of the Criminal Code and Supreme Court Regulation No.2 of 2012 was because in this case there was a repeat of the criminal act. The problem in this journal is the result of the Baturaja District Court's decision on theft cases with a light loss value. The research of this journal is Empirical legal research, which was initially researched as secondary data and then continued with research on primary data in the field. Meanwhile , The Supreme Court Regulation is a statutory regulation issued by the Chief Justice on judicial technical issues, especially in filling legal vacancies or against the enactment of an Act for which there has never been an organic regulation, whose structure resembles the structure of the composition of the Act that through the consideration of the judge at the Baturaja District court who examines and decides this case Article 364 of the Criminal Code cannot be applied with a speedy examination event guided by Supreme Court Regulation No. 2 of 2012 because the act committed by the perpetrator is a repeat of a criminal act, although in Supreme Court Regulation No.2 of 2012 there is no mention of exceptions to the act of repetition of a criminal act, but expressly it is regulated in the Memorandum of Understanding on the Implementation of the Application of the Prudential Limits on Minor Crimes and the Amount of Fines and the Application of Restorative Justice. So that the sentence of imprisonment for 1 year and 8 months is considered appropriate to be imposed on the perpetrator, even though from the perpetrator's side the verdict has not met the sense of justice
Analisis Penerapan Sanksi Pidana terhadap Pelaku Tindak Pidana Penganiayaan terhadap Buruh Bangunan (Studi Putusan Nomor: 3/Pid.C/2021/PN Gdt)
Get PDFThis study aims to analyze the Decision Number: 3/Pid.C/2021/PN Gdt, which states that the Defendant is legally and convincingly proven guilty of committing the criminal act of "light maltreatment" against construction workers using the research method. The research method used in this study is normative legal research and empirical legal research, related to the application of criminal sanctions against perpetrators of criminal acts of persecution against construction workers. The problem approach used in this research is to use a statute approach and a case approach as well as a socio-legal approach. The problems that will be discussed in this study are what are the factors that cause the perpetrators to commit criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt and how to apply criminal sanctions against perpetrators of criminal acts of mistreatment of construction workers based on Decision Number: 3/Pid.C/2021/PN Gdt
Kepastian Hukum Kekuatan Eksekutorial Sertipikat Hak Tanggungan Elektronik (Studi Peraturan Menteri ATR/KBPN Nomor 5 Tahun 2020)
Get PDFThe National Land Agency may now provide their dependents access to online services thanks to Ministerial Regulation No. 5 of 2020 from ATR/KBPN. The purpose of this paper is to evaluate the progress made toward implementing the requirements of ATR/KBPN ministerial order Number 5 of 2020, namely the Electronic Dependent Rights Certificate and the mechanisms for electronic inheritance of Dependent Rights. The norms of the law are observed in this kind of investigation. According to the findings, ATR/KBPN Regulation No. 5 of 2020 governs the procedure for adding dependents to the Electronic Dependent Rights System. Neither UUHT nor Permen ATR/KBPN No. 5 of 2020 prohibits the use of EDRs. It is the author's contention that, as Electronic Dependent Rights do not have any kind of inherent priority, Article 54 of the ITE Law prohibits their use as executory proof. The Electronic Dependent Rights Certificate does not provide any further clarity or legal protection for creditors and borrowers
Penegakan Hukum Bagi Desk Collection Fintech Lending Ilegal yang Berimplikasi Tindak Pidana
Get PDFThe purpose of this study is to explain how law enforcement efforts are carried out by the Central Sulawesi Local Police against illegal fintech lending desk collections that use threats and/or defamation. Desk collection is a profession with the main tasks and functions of informing, reminding, and collecting customer obligations via telephone, but often unethical and uses threats to contact customers or other people who are not related to the customer because it can access all the data on the customer’s smartphone. This research is empirical juridical research using a socio-legal study approach. This study uses primary legal sources (interviews), secondary legal sources (books, articles in scientific journals, and other sources), and tertiary legal sources (materials obtained independently on the internet). The results of this study explain that law enforcement in cases of threats and/or defamation carried out by illegal fintech lending desk collection in the jurisdiction of the Central Sulawesi Local Police is inefficient due to hindering factors, both internally and externally. This is what causes cases of threats and/or defamation by illegal fintech lending to become increasingly widespread and are like a chain that never ends
Efektifitas Pemanfaatan Rumah Isolasi Coronavirus Disease (Covid-19) di Desa Markanding Kabupaten Muaro Jambi
Get PDFThis study aims to determine and analyze the effectiveness of the use of the Covid-19 isolation house in the village of Markanding, Muaro Jambi Regency. The research method is empirical juridical. The results of his research are in the form of a description of the effectiveness of the use of isolation houses, in which the program is budgeted for through the village budget which turns out to be not utilized or is ineffective to the fullest and even seems in vain. The obstacles encountered in the study were the awareness of the people who were exposed to Covid-19 which did not support where they were closed so they did not notify the officers of the Covid-19 handling post who had their last contact, and the self-isolation treatment stage where some people did not all carry out independent isolation and not also taking advantage of the available isolation houses, besides that it is also related to inadequate infrastructure. So it can be concluded that the isolation house is said to be ineffective
Penegakan Hukum Pidana terhadap Pelaku Tindak Pidana Penadahan di Kepolisian Resor Tanjung Jabung Barat
Get PDFThe act of collecting will lead to other criminal acts, because the perpetrators of collection dare to buy or exchange, hold or mortgage property obtained as a result of crime. For this object is seen by other criminals as a market for the sale or other goods resulting from the crime committed. The approach method used is sociolegal research with empirical juridical research and data sources come from library research and field research, sampling techniques by means of Purpose sampling and data collection techniques by means of interviews and then qualitative analysis is carried out. The result is that law enforcement against the perpetrators of criminal acts of collection has not been optimally carried out in accordance with the provisions/procedures of law enforcement officers at the police level. Because it involves actors with well-organized networks and the obstacles faced in enforcing the law against perpetrators of the crime of receiving are the difficulty in finding and identifying crime points. Collection is done because it has a hidden or hidden network and cooperates very well so it is difficult to detect and trace
Tinjauan Hukum Kerahasiaan Rekam Medis dalam Laporan Kesehatan Ibu dan Anak Berbasis Digital
Get PDFThe study aims to explain about legal aspects of medical record data confidentiality in digitally based maternal and child health reports. Teh method of this study is normative legal research with a conceptual approach, then quantitative analysis of legal interpretation. This Study shows confidentiality of information about patients is addressed to all health workers, administrative personnel (not health workers) who have access, and students or students who are obtaining education in every health service facility, both data information stored manually and digitally. The dissemination of personal data without permission is a criminal act and violates the code of ethics. Maintaining the confidentiality of digital-based maternal and child health report data is an obligation for all health workers and administrative personnel who have access to or are involved in this activity and this is protected by the Law but it has not have the specific rule