Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Kepastian Hukum terhadap Sengketa Kepemilikan Hak Atas Tanah yang Tumpang Tindih (Studi Kasus Putusan Pengadilan Negeri Sengeti Nomor 34/Pdt.G/2017/PN SNT)
Full text linkThe occurrence of overlapping ownership of land rights is a legal problem that often occurs in land law. One of the disputes arises from land sale and purchase transactions between individuals that do not have strong evidentiary strength, so it needs to be resolved through litigation. This research is methodized with a statutory approach. It aims to find out how land registration procedures can guarantee rights for holders of land rights and how to resolve the dualism of property rights certificates. This research uses a statutory approach by using secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The author collects data with a qualitative method that makes literature study as a reference in this research. The research data that has been obtained will be analyzed qualitatively. Land registration procedures can guarantee rights for land rights holders by following the rules of PP 24/1997 concerning Land Registration. In the event of dualism of rights ownership, the settlement is through the court to prove the validity of rights ownership based on authentic evidence and witness statements
Kewenangan Pemerintah Daerah dalam Hak Pengelolaan Tanah Sebagai Barang Milik Daerah
Full text linkAlthough the provincial government is legally able to manage regional assets, there have been numerous instances of abuse of this power, including the following: the total disregard for regional assets; the misuse of rights granted by the regional government to access these assets; and the pursuit of private interests at the expense of the region and its residents. Jambi District Court's Decision Regarding Peace Deed No. 43 / Pdt.G / 2024 / PN Jmb.The goals of this research project are: 1) To learn about and assess the impact of regional asset regulation on the power of regional governments over land management rights 2) Determine and assess the authority of the regional administration to manage land as a resource for the area. This study used normative legal research methods including a statutory approach, a conceptual approach, and a case approach to achieve its aims. There are three levels of legal resources gathered: primary, secondary, and tertiary. Inventorying, systematizing, and interpreting the acquired legal materials constituted the process of analysis. Final findings from the study: 1) Various laws and regulations in Indonesia control the jurisdiction of regional governments in land management rights as regional property. These include Law Number 23 of 2014, Government Regulation Number 27 of 2014, Law Number 5 of 1960, and Regulation of the Minister of Home Affairs. 2. Mechanisms that strive to guarantee the effective, transparent, and accountable administration of public assets are an integral part of the responsibility of regional governments in land management rights as regional property. Important aspects of regional government accountability related to land management include: Asset management reports, supervisory audits, transparency and openness of information, the role of the DPRD, good governance, and sanctions for violations
Kedudukan Hukum Harta Bersama Setelah Dinyatakan Pailit Akibat Tindakan Actio Pauliana (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 211 K/Pdt.Sus-Pailit/2019)
Full text linkActio pauliana is a legal remedy provided by law to annul the actions of a debtor that may harm creditors in the process of bankruptcy. One form of debtor actions that obstruct the fulfillment of creditors’ rights is found in the Supreme Court Decision No. 211 K/Pdt.Sus-Pailit/2019, which involves an unlawful act committed by the wife a mortgage to settle her debt. Based on this issue, the author conducts research to determine the legal position of join assets after being declared bankrupt duet o actio pauliana. The purpose of this research is to understand the legal standing of joint assets after bankruptcy is declared duet o actio pauliana and how bankruptcy law resolves joint assets issues as reflected in the decision under study. The research findings show that the actio pauliana action is the appropriate step to annul the unlawful transfer of property under the law, which is then returned to the bankruptcy estate to esnurethe fair fulfillment of creditors’ rights. The property involved in the transation must be returned to the trustee for the management and settlement of the bankruptcy estate. Additionally, the legal status of join assets resultig from actio pauliana must be borne by both the husbang and wife as long as they remain married, because during the marriage, both spouses share the responsibility for the payment obligations
Implementasi Prinsip Kehati-Hatian Notaris dalam Pembuatan Akta Perjanjian Perkawinan Yang Berlaku Surut
Full text linkThe research with this title aims to find out the implementation of the precautionary principle which is carried out by a notary in the process of making a retroactive marriage agreement deed, namely an agreement whose process begins after the marriage is carried out. The focus of this research is how the notary applies the precautionary principle so that the agreement does not harm third parties, such as creditors, and ensures that the agreement remains legally valid. In addition, this research also explores the mechanism of making a marriage agreement deed in the realm of still protecting the interests of third parties. The research methodology presented in this study is a normative juridical approach by analyzing relevant laws and regulations, legal doctrines, and case studies. The results show that the prudential principles of notaries include checking the status of assets, notifying related parties, and complying with legal regulations. The mechanism applied by the notary also plays an important role in ensuring that the marriage agreement does not have a detrimental impact on third parties, as well as providing legal certainty for the parties involved. This research provides a conclusion on the application of the precautionary principle by notaries which is a crucial step in maintaining justice and legal certainty, especially in the making of retroactive marriage agreement deeds
Perlindungan Hukum Konsumen Atas Praktik Overclaim Iklan Produk Skincare di E-Commerce Dihubungkan dengan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Full text linkOverclaim occurs when business actors convey excessive or factual information in product promotions, thus misleading consumers and violating the principles of transparency and honesty in trade. In the skincare industry on e-commerce platforms, this practice is increasingly widespread along with high market competition. Consumers are often disadvantaged because they do not have adequate ability to verify the truth of product claims. This study aims to examine the form of legal protection provided to consumers, as well as to examine the responsibilities of business actors based on the provisions of Law Number 8 of 1999 concerning Consumer Protection. The method used is qualitative with a normative legal approach, which focuses on literature studies and analysis of relevant laws and regulations. The findings in this study indicate the need to strengthen the legal protection system, both preventively through advertising monitoring mechanisms, and repressively through the application of strict legal sanctions. The active involvement of e-commerce platforms is also key to creating effective consumer protection in the digital space
Tuntutan Hak Nafkah Istri yang tidak di Biayai oleh Suami Selama Dua Tahun Menurut Kompilasi Hukum Islam (KHI)
Full text linkThis study examines the wife's claim for maintenance rights that has not been met by the husband for two years based on Article 80 paragraph (4) of the Compilation of Islamic Law (KHI), which requires the husband to provide for his wife and children according to his ability. Using a normative approach with statute and conceptual methods, this study analyzes legal regulations such as Law Number 1 of 1974 concerning Marriage, the 1945 Constitution, and the Bandung Religious Court's decision Number 6147/Pdt.G/2024/PA.Badg as a case study. The results show that a husband's negligence in providing maintenance can be grounds for divorce, supported by Gustav Radbruch's basic legal values of justice, certainty, and expediency. The wife has the right to file a claim through mediation or litigation in the Religious Court to obtain protection of her rights, in order to create a harmonious family and social welfare. This study emphasizes the importance of law enforcement to protect women in marriage
Implikasi Psikologi Forensik dalam Proses Asesmen dalam Pembuktian Tindak Pidana Narkotika
Full text linkThis study examines the application of forensic psychology in the assessment process for proving narcotic crimes in Indonesia, focusing on its contribution to justice and the accuracy of legal decisions. Forensic psychology, as a discipline integrating psychological principles into the criminal justice system, plays a crucial role in analyzing the psychological condition of perpetrators, including their motives, mental capacity, and level of narcotic dependency. This approach employs techniques such as clinical interviews, behavioral observations, and psychometric tests like MMPI and WAIS to produce reports that support courtroom evidence. The study adopts a normative juridical method with statutory, case, and conceptual approaches, referring to Law Number 35 of 2009 on Narcotics and related regulations. Findings indicate that forensic psychology enhances the objectivity of legal decisions by providing insights into psychological factors influencing perpetrators’ behavior, such as addiction or mental disorders, thus supporting restorative justice approaches. Additionally, forensic psychological assessments assist judges in distinguishing between perpetrators acting with full awareness and those influenced by external pressures, such as coercion or exploitation, commonly seen in drug courier cases
Kedudukan dan Keabsahan Hukum Perjanjian Joint Venture dalam Hukum Perdata Indonesia
Full text linkThe joint venture agreement is a form of business collaboration increasingly utilized in commercial practice by both domestic and foreign parties. However, Indonesian legislation does not explicitly regulate such agreements, raising legal questions regarding their standing and enforceability under national law. This study aims to examine the legal position of joint venture agreements within the Indonesian civil law system and assess their compliance with the validity requirements of contracts as stipulated in Article 1320 of the Indonesian Civil Code (KUH Perdata). This is normative legal research employing a statute-based and conceptual approach. The findings show that joint venture agreements are legally acknowledged and enforceable based on the principle of freedom of contract as articulated in Article 1338 of the Civil Code As long as the agreement meets the four requirements for a valid agreement, namely agreement, capacity, a specific object, and a lawful cause it is considered valid and binding under Indonesian civil law. Although there is no specific statutory framework governing joint ventures, their legal force is supported through legal doctrines and judicial precedents. This study concludes that the absence of explicit regulation does not invalidate joint venture agreements but highlights the importance of carefully interpreting foundational civil law principles to ensure legal certainty and protection for the contracting parties
Analisis Normatif Tindak Pidana Pornografi (Studi Putusan No:46/Pid.Sus/2024//PN Jmb)
Full text linkThe crime of pornography is an act that violates moral norms by producing, distributing, or possessing pornographic content, which is regulated in Law Number 44 of 2008 concerning Pornography. Violations of this law can be subject to criminal sanctions in the form of imprisonment and fines. The crime of pornography is a phenomenon that arises in society that can be committed by anyone and against anyone who becomes a victim. Amidst advances in technology and science, the crime of pornography can also occur with the support of internet technology through social media accounts. Social media users are also expected to be wise in using available applications so as not to cause negative impacts and losses to others, especially in loading, distributing, transferring content containing pornographic elements. Of course, for anyone who commits pornographic acts must be responsible for their actions in accordance with applicable legal provisions, of course through the criminal justice system from the investigation process at the Police to the trial in Court until a judge's decision is made to determine whether someone is found guilty or not. The method used in this study is a normative juridical research type, while the approach used in this study is a case study approach. The data collected in this study was sourced from literature. The conclusion of this study is that the verdict handed down by the judge against the perpetrator of the pornography crime in this case study lacks a sense of justice and legal certainty. The judge failed to consider other elements in his considerations, thus making the application of the article inappropriate
Pelaksanaan Eksekusi Atas Jaminan Fidusia Kendaraan Bermotor pada PT. Bank Nagari Cabang Utama Sumatera Barat
Full text linkThe Fiduciary Guarantee Law has the main objective to provide legal certainty for the execution of the guarantee, so that the execution can be carried out properly. Based on these reasons, the problems that will be studied in this study are about the practice of executing motor vehicle fiduciary guarantees and the obstacles in implementing the execution of motor vehicle fiduciary guarantees. The approach method used is the sociological legal approach and the specifications used in this study are descriptive research. Based on the results of the study, it can be concluded that the execution of the object of motor vehicle fiduciary guarantees carried out through underhand sales with the agreement of the creditor and debtor, the debtor himself sells his guarantee if there is a default by the debtor. The execution of motor vehicle fiduciary guarantees is carried out against defaulting debtors. The execution in this case ended with an execution application made by the creditor (Bank Nagari) to the district court, because here the creditor did not complete according to the agreement with the underhand sale that had been previously agreed with the creditor was not achieved. So the last resort taken by the creditor (Bank Nagari) was once again to submit an execution application to the court which ended with an auction at the auction body for the object of the motor vehicle fiduciary guarantee. Before execution, there are many obstacles faced by creditors, one of which is that the debtor (Rajal) does not want to cooperate in the execution process because he does not want to sign and hand over the fiduciary guarantee object which has been in default/or breach of promise