Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
Not a member yet
525 research outputs found
Sort by
Akibat Hukum Dari Pembatalan Akta Jual Beli Tanah
Get PDFThe purpose of this study is to investigate what happens legally when a Sale and Purchase Agreement is cancelled.One of the most fundamental aspects of human existence is the ability to buy and sell land. In actuality, disagreements over land purchases and sales can lead to the SALE AND PURCHASE Deed being voided. Using both primary and secondary sources of information, this study employs a descriptive-analytical approach to its normative legal research. After a judge nullifies a sale and purchase deed, all circumstances are returned to how they were before the deal was subject to any legal proceedings. Any performance received by one party from another must be returned to the original sender. Furthermore, the Land Deed Official shall affix or include the Court Decision in the Notarial Deed Minute to document the cancellation. One party must apply to the National Land Agency to annul the land certificate if it has been transferred. Following the District Court's ruling, the National Land Agency will either cancel the certificate via the Administrative Court or strike out and substitute the owner's name
Integrasi Aspek Lingkungan, Sosial, dan Tata Kelola dalam Praktik Hukum Bisnis Indonesia
Get PDFEnvironmental, Social, and Governance (ESG) in business law practice in Indonesia has become increasingly important as awareness of sustainability and corporate social responsibility grows. ESG encompasses three main aspects: environmental, social, and governance, all of which influence business and investment decisions. The environmental aspect is regulated through Law No. 32 of 2009 on Environmental Protection and Management, which mandates environmental impact assessments (AMDAL). The social aspect includes regulations such as Law No. 13 of 2003 on Manpower and Financial Services Authority Regulation No. 51/POJK.03/2017, emphasizing social responsibility and workers' rights. The governance aspect is regulated by Law No. 40 of 2007 on Limited Liability Companies and Financial Services Authority regulations on good corporate governance. ESG implementation in Indonesia faces challenges, including a lack of understanding and weak law enforcement. However, initiatives from the Indonesia Stock Exchange and the private sector show significant progress. Effective ESG implementation can enhance corporate reputation, competitiveness, and access to financing, while positively impacting society and the environment. Therefore, integrating ESG into business law practice in Indonesia is a strategic step towards greater sustainability and social responsibility
Implikasi Kekeliruan Substansi Permohonan Penetapan Pengadilan terhadap Kedudukan Hukum Anak Luar Kawin
Get PDFThis study analyzes the implications of substantive errors in court petitions regarding the recognition and legitimization of extramarital children, focusing on enhancing their legal status following the death of the biological father. Based on a case study of Pontianak District Court Determination No. 246/Pdt.P/2021/PN Ptk, it was found that inaccuracies in the substance of the petition can result in ambiguous legal determinations, particularly regarding the child’s status as a recognized but not fully legitimate child. This ambiguity impacts the civil rights of extramarital children, including inheritance rights from their biological father. This research employs doctrinal legal methodology with a descriptive-analytical approach through a literature review, aiming to comprehensively explain the court’s essential role in ensuring the completeness of petition substance from the initial stages, especially at Meja I (Desk I). The findings emphasize the importance of legitimizing extramarital children to secure a stronger legal status equivalent to legitimate children, ensuring the protection of civil rights and reducing the potential for future legal conflicts
Analisis Putusan Hak Asuh Anak Bersama Pasca Perceraian Perspektif Kongres Ulama Perempuan Indonesia (KUPI)
Get PDFThis research discusses court decisions regarding joint custody of children after divorce with a maslahat approach based on the nine basic values of the Indonesian Women's Ulama Congress (KUPI). The main issue raised is how the application of joint custody can ensure the best interests of the child, particularly in reducing the negative emotional impact of divorce, as well as ensuring the involvement of both parents in the child's life. The purpose of this study is to evaluate the appropriateness of Banjarbaru Religious Court Decision Number 369/Pdt.G/2017/PA.Bjb. which grants primary custody to the father but still gives the mother the opportunity to interact with the child on weekends. The analysis in this study is based on the theory of maslahat, which prioritizes the best interests of children, as well as the nine basic values of KUPI, namely equality, equality, justice, humanity, nationality, universality, divinity, mercy, and benefit. Using the juridical-normative method, this research analyzes court decisions, legal regulations, and related theories. The results show that the concept of joint custody supports the best interests of children, reduces the negative psychological impact of divorce, and improves children's welfare through the involvement of both parents
Perlindungan Hukum Bagi Notaris Pasar Modal dalam Melakukan Pendaftaran Ulang Surat Tanda Terdaftar Studi Putusan Nomor 38/G/2020/Ptun-Jkt
Get PDFNotaries conducting activities in the Capital Market must first be registered with the Financial Services Authority (OJK) or have a Registered Certificate (STTD). Since the OJK Regulation Number 67/POJK.04/2017 of 2017 concerning Notaries Conducting Activities in the Capital Market was enacted, the Notary STTD has a validity period of 5 years and the Notary is required to re-register to comply with the POJK and re-register if the STTD has passed the validity period. In the case of Decision Number 38/G/2020/PTUN-JKT, Notary Y has performed the re-registration obligation as stipulated in POJK 67/2017, but OJK still issued a cancellation letter. This research discusses the legal protection given to Capital Market Notaries in re-registering STTD. The purpose of this study is to analyze the provisions of re-registration since the enactment of POJK 67/2017 and to find out the legal protection of Notaries who have re-registered their STTD. The method used in this research is doctrinal with the scope of STTD re-registration of Capital Market Notary. The materials used are primary, secondary, and tertiary legal materials. The place of research is Jakarta and the data collection technique is in the form of literature study which is analyzed qualitatively. The result of this research is a form of legal protection for Capital Market Notary related to STTD re-registration
Perluasan Alat Bukti Petunjuk dalam Tindak Pidana Pencucian Uang dari Tindak Pidana Asal Korupsi
Get PDFThis article will examine circumstantial evidence in money laundering crimes and the expansion of circumstantial evidence in money laundering crimes from the original crime of corruption. The research method applies descriptive analytical research specifications and uses a normative legal research approach. The research data collection technique was obtained from literature and document studies. The data obtained was then analyzed qualitatively from a legal perspective, emphasizing legal analysis with formal thinking concepts and presented in the form of arguments. The results of the study show that circumstantial evidence in money laundering crimes can be obtained from evidence as referred to in Article 188 (2), namely witness testimony, letters, defendant testimony, and electronic evidence as referred to in Article 73 letter b of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. The expansion of circumstantial evidence needs to be pursued by expanding the evidence that serves as preliminary evidence of suspicious financial transactions with electronic evidence in the form of derived evidence, which will be useful in determining legal steps in the form of investigations or in proving cases in court, and needs to be reinforced with statements from financial transaction analysis experts
Legalisasi Aborsi Bagi Korban Perkosaan dalam Perspektif Hak Asasi Manusia (HAM)
Get PDFLegalizing abortion for rape victims is meant to improve the legal policy and enforcement of better and more accommodative to the protection of the victims of rape. Unborn babies also have the right to life. These differing perspectives on these two human rights have sparked much debate in society. This research is a normative legal analysis aimed at identifying legal concepts and doctrines related to the legalization of abortion for rape victims from a human rights perspective. The research approaches used in this study are the statute approach and the conceptual approach. The research approach used in this study is a statute approach and a conceptual approach. Research results (1) the government has issued regulations regarding the legalization of abortion for rape victims but does not have strong legal certainty. (2) The rights of women and the right of the fetus to life are equally protected by the laws of Indonesia. In the case of legalization of abortion for rape victims, the State applies the concept of limitation to the fulfilment of the right to life of the fetus, under the terms and conditions established by the Act governing the conditions and conditions permitted for abortions for the victims of rape
Perlindungan Hukum Konsumen dalam Layanan Asuransi Digital: Tinjauan Yuridis Atas Tantangan Regulasi di Indonesia
Get PDFThis study aims to examine the form, characteristics, and regulatory challenges of digital technology-based insurance services (Insur Tech) in Indonesia, as well as to evaluate the form of legal protection available to policyholders in the context of the digital economy. The method used is a normative legal approach with an analysis of regulations such as POJK No. 36/2024 and POJK No. 8/2024, as well as literature and secondary sources from scientific articles and credible references. The research findings indicate that the development of InsurTech has not been matched by an adequate regulatory system, leading to potential legal uncertainty and weak consumer protection. The gap between technological innovation and regulatory response is evident in the lack of legal clarity regarding data security, service transparency, and dispute resolution mechanisms. The conclusions of this study emphasize the importance of regulatory updates that can ensure a balance between digital innovation and legal protection, through a collaborative approach between regulators, industry players, and the public. This research contributes to the development of digital law in the financial sector, particularly in shaping a legal framework that is more responsive to digital transformation in the insurance industry
Analisis Kepastian Hukum Atas Kepemilikan Tanah Dago Elos terhadap Hak Para Pihak
Get PDFPrevious studies on agrarian conflict in Indonesia largely emphasized the weak conversion of colonial land rights and the uncertainty of land status but have yet to examine contemporary cases involving document forgery and inconsistent court rulings. The articlee highlights the Dago Elos land dispute as a modern urban agrarian conflict that reflects the fragility of legal certainty. Using an empirical juridical method through analysis of Basic Agrarian Law (UUPA), court decisions, and community interviews, the study finds that expired eigendom verponding claims and forged documents intensified legal insecurity for residents. The findings reveal that land rights protection in Indonesia remains vulnerable, while the state of the art of this research lies in integrating colonial legal legacies, administrative manipulation, and the effectiveness of legal protection in contemporary land disputes
Kepastian Hukum terhadap Pembeli yang Beretikad Baik dalam Proses Balik Nama Sertipikat Tanah
Get PDFLand sale and purchase transactions that are not carried out through legal procedures according to statutory regulations are often used by the general public. The law in the area is not using a Sale and Purchase Deed made by a Land Deed Making Officer (PPAT) or Temporary PPAT (PPATS). This is often used by some people so that non-compliance with legal procedures results in the transfer of land rights not being able to be registered at the land office, so that the buyer does not obtain legal status as a legitimate land owner. Therefore, in this article, what will be reviewed is how the procedure so that the buyer can carry out a Change of Name according to the procedure and the legal impact if the transaction process is not carried out correctly. Normative and empirical Juridical Methods, namely by emphasizing secondary data by studying and reviewing the principles of positive law derived from library data and legal comparisons, as well as elements or factors related to the research object as part of field research. Underhand transfer of rights transactions in this case there is a defect or flaw, however, the buyer is considered to have good intentions by checking and taking care of the validity of the documents owned, therefore the change of name can be carried out based on an authentic letter made by a non-PPAT in this case a Court Decision that has permanent legal force. In this case, the Community is considered to be more careful, thorough and careful regarding the land object and can check the history of the land at the BPN