Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Kekuatan Hukum Jangka Waktu Surat Kuasa Membebankan Hak Tanggungan Kredit Mikro pada Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 22 Tahun 2017
Get PDFIn providing credit, banks must be sure that the loaned funds must be able to be returned on time together with the interest and in accordance with the terms agreed upon jointly by the parties concerned in the credit agreement so that in the implementation of the credit agreement so that it can be carried out in a healthy and secure manner. For this reason, the issuance of Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 22 Year 2017 is because microcredit currently has high potential in the use of SKMHT and shows that in microcredit, banks as fund channeling institutions still need guarantees in providing credit facilities so that they are regulated regarding the period of the power of attorney to charge the mortgage up to the end of the principal credit. However, with this regulation, the power of attorney imposes a micro credit guarantee given not increased to the mortgage, the bank as the creditor in providing micro credit to the debtor generally does not control the objects which are physical collateral guarantees, but only has administrative rights. The notary must have extensive knowledge about SKMHT in order to adjust the SKMHT clause both micro and non-micro. With in-depth knowledge of power of attorney, the Notary can ask the client. In this case the Notary's role is to direct the client in the contents of SKMHT so as not to conflict with the law, public order and decency. The agreement must be based on consensus or agreement from the parties that made it. Furthermore, the notary's function in preventing the duration of the power of attorney to charge micro credit dependents can be done by utilizing his position as one of law enforcers by providing legal counseling and to banks
Penyelesaian Sengketa Pemilihan Umum di Indonesia
Get PDFThe realization of democracy in Indonesia is one of which is carried out by general elections, this is a political contestation which often present disputes.There is a general understanding that effective electoral dispute resolution mechanisms and processes are a “sine qua non” for fair and fair elections.As well as the implementation of the general election system is designed in there is alwayas a possibility of violations that can reduce the quality of general elections, for that as well as the implementation of the general election system, within it is always available a trusted istitutional mechanism to resolve various types of general election objections and disputes.Disputes or disputes can be divided into two, that is (1) disputes in the electoral process (especially those that occur between participants in the general election or between candidates) which have been handled by the election supervisory committee and election results disputes or disputes. This paper aims to find out and analyze the dispute resolution of elections in Indonesia.The type of research used is normative juridical research, using conceptual approach, legislation approach, and historical approac
Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan
Get PDFThis research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections.
Pelaksanaan Hak Mengajukan Rancangan Peraturan Daerah dan Hak Imunitas Anggota Dewan Perwakilan Rakyat Daerah
Get PDFThere are several opinions regarding the function of the Regional People Representative Assembly, according to Jimly Asshiddiqie "the function of legislation or regulation in its concrete form is manifested in the function of forming regulations that bind citizens" and Bagir Manan said "the budget function is the right to participate in setting regional annual budgets". In practice, in formulating legislation including the formulation and formulation of regional regulations, Regional People Representative Assembly often has difficulties in generating initiatives to draft Regional Regulations that will become a policy in the administration of government and development. According to Bagir Manan in his book explaining the right of immunity namely the immunity rights of a member of the House of Representatives from certain legal processes, unless the immunity is dated or abandoned. To analyze how the application of the concept of the implementation of rights proposes a draft regional regulation and immunity rights for members of the Regional Representatives Council in Indonesia. the type of research used is normative juridical research, namely research focused on examining the application of rules or norms in positive law. This research uses "conceptual approaches, legislative approaches, and historical approaches"
Akibat Hukum Perkawinan di Bawah Tangan terhadap Istri, Anak, dan Harta Kekayaan dalam Perspektif Hukum Islam dan Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan
Get PDFMarriage is a sacred part of life, because it must pay attention to norms and rules in society. But for various reasons, marriage is often done in a variety of models of marriage. Like an underhand marriage. An underhand marriage is a marriage that has fulfilled the harmony and conditions of the marriage but has not stated the marriage to the competent authority as stipulated in the legislation. The purpose of this study is to reveal the legal consequences of the marriage results under the hand of his wife, children and property from Islamic Law and Law Number 1 of 1974 concerning Marriage in the hope that awareness of every Indonesian citizen arises to register marriages so that children's rights can well guaranteed. The methodology used is normative juridical, the results of research are that there are still many Indonesian people who do not understand the general provisions regarding the recording requirements and also do not understand the legal consequences that will occur to those who do the marriage under the hand
Kedudukan Asas Hukum dalam Penyelesaian Sengketa Melalui Arbitrase Berdasarkan Undang-Undang Nomor 30 Tahun 1999
Get PDFThe enactment of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution is a step forward in dispute resolution in Indonesia, especially the settlement of disputes in the field of trade in response to the deadlock in the settlement of trade disputes that require resolutions quickly, cheaply, informally, and maintained interests and the secrets of the parties. However, there are still some rules and practices that are not in line with the principle of arbitration law itself. In this paper will be reviewed and analyzed the position of the legal principle used in resolving disputes through arbitration, so it is hoped that these legal principles can be upheld by all interested parties, if there are legal rules and legal practices that are contrary to this legal principle, they can be ruled out
Penerapan Politik Kriminal dalam Penanggulangan Tindak Pidana Terorisme
Get PDFThe application of criminal politics in the handling of criminal acts of terrorism is a preventive measure that can be taken to reduce the crime rate of terrorism. Terrorism is an organized crime, has a national and international network that is very troubling and concerns the world. Criminal acts of terrorism will occur at any time with unpredictable targets, their actions cause widespread public fear, cause casualties and property losses that are not small, also cause a very broad impact on the life of nation and state. Considering that the crime of terrorism is an extraordinary criminal act, it will also be overcome by using unusual methods such as ordinary crime in general. The preservation of criminal politics is a preventive effort that can be carried out by the government in preventing the emergence of criminal acts of terrorism
Plea Bargaining dalam Sistem Peradilan Pidana di Beberapa Negara
Get PDFPlea Bargaining System is widely interpreted as a statement of guilt of a suspect or defendant. Plea Bargaining practised in many countries that have embraced the Common Law legal system. Plea Bargaining that was developed in the common law "legal system" has inspired the emergence of "mediation" in the practice of the judiciary based on the criminal law in the Netherlands and France, known as "transactie". Plea Bargaining is categorized as a settling outside the hearing and their users is also based on specific reasons. Even in the renewal of law criminal justice events in Indonesia, has also picked up the basic concept of plea bargaining that was adopted in the RUU KUHAP with the concept of "Jalur Khusus". That with the presence of the concept of "Jalur Khusus", is also a concern when viewed can enactment back recognition of guilt of the defendant as the basis of the judge's verdict is dropping. The purpose of this paper is to find out, analyze the plea bargaining in some countries. The type of research used is the juridical normative research, using a conceptual approach, comparative approach, historical approach
Perbedaan Pemahaman Konsep Ikrar Talak Menurut Putusan Pengadilan Agama dengan Syariat Islam
Get PDFThis study aims to determine the differences in understanding the concept of talaq pledges according to the decisions of religious courts with Islamic Shari'a. This research is normative legal research. The research approach used in this study is the legislative approach and the conceptual approach. Based on the results of the research and discussion it can be concluded that there is a concept inconsistency between the religious courts that adhere to the Compilation of Islamic law with Islamic Shari'a which includes the fall of divorce, legal remedies, and the enactment of the Islamic period
Kajian Yuridis Penyelesaian Sengketa Medik di Indonesia
Get PDFThe higher level of education and welfare of the community will make the level of legal awareness of the community higher too, in the present context health care is not only seen as an ordinary relationship but has become a legal relationship between health workers and patients, in that relationship disputes can occur between the two sides parties, in fact many cases / medical disputes are directly processed criminally, Indonesian law has stipulated that if a case occurs then it can be resolved through administrative, civil and criminal law, the purpose of this study is to examine the main priorities of medical dispute resolution in case of suspected error and / or negligence committed by health workers. This paper is an idea and legal study that the author peels normatively. The results of the study indicate that if there is a suspicion of error and / or negligence made by a health worker must be checked first by an honorary assembly and sought as far as possible mediated