Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Proses Peralihan Hak Guna Bangunan Berdasarkan Jual Beli Dibawah Tangan yang tidak Diketahui Keberadaan Pemiliknya (Studi Putusan Pengadilan Negeri Pontianak No. 92/Pdt.G/2021/PN.PTK)
Get PDFUnderhand sales transactions used for the transfer of Building Use Rights (HGB) often result in various legal issues, especially when the whereabouts of the original certificate owner are unknown. This research focuses on analyzing the District Court Decision No. 92/Pdt.G/2021/PN PTK, which examines the legality of HGB transfers within the framework of agrarian law in Indonesia. In this case, the registration of the transfer of rights must comply with existing regulations, including obtaining approval from the legitimate owner. The court's decision takes into account several factors such as agreements between parties, good faith, and the registration of land rights. This research aims to examine the legality of the transfer of Building Use Rights (HGB) through an underhand sale based on the District Court Decision No. 92/Pdt.G/2021/PN PTK, in accordance with Indonesian agrarian law. The analysis reveals that although underhand sales can be considered valid under certain conditions, the absence of formal procedures can result in legal disadvantages for uninvolved parties. This research also highlights the importance of land registration to ensure legal protection for all involved parties. Additionally, the study underscores the need to understand the legal aspects of the transfer of building use rights and the risks associated with transactions that do not comply with the procedures prescribed by law
Konstruksi Kuasa dalam Praktik Jual Beli Tanah
Get PDFThe purpose of this research is to analyze the use of power of attorney in land sale and purchase practices. According to KUHPerdata, Article 1792 of the Civil Code governs the delegation of power to sell in the context of real estate transactions in Indonesia. The transfer of land rights can only be executed by the actual owner, whereas this power of attorney is solely for management purposes. Several things can cause the power of attorney to be terminated, including the grantor's withdrawal, the grantee's or the grantor's bankruptcy, or the grantee's notification of termination. The normative juridical approach is utilised for the research. Since the Absolute Power of Attorney deed fails to fulfil the objective requirements according to Article 1320 of the Civil Code, as regulated in the Minister of Home Affairs Instruction No. 14 of 1982, the author argues that it cannot be used to transfer land rights and is thus null and void by law. Government Regulation No. 24 of 1997, Article 39, Paragraph 1, Letter d, forbids the use of absolute power of attorney to transfer land rights; this regulation is still frequently cited even though the instruction is no longer in effect
Implikasi Mental Health Gen Z Akibat Pengaruh Media Sosial dalam Pandangan Hukum di Indonesia
Get PDFGeneration Z, born between the mid-1990s and early 2010s, has grown up in a highly connected digital environment. Social media plays a central role in their daily lives, offering a platform for communication, self expression and access to information. However, social media use also poses significant challenges related to mental health. In Indonesia, those with mental health problems are often viewed as ungrateful and unlucky. This research uses empirical juridical research with an activity plan for 3 months and the scope of Gen Z. This research was conducted in Surakarta City. The materials used in this research are primary legal materials and secondary legal materials. Data collection techniques in the form of questionnaires and analysis techniques, namely qualitative analysis. The purpose of this study is to examine and describe the mental health implications of the influence of social media in the view of legal awareness. The results of the discussion of this research are social media offers benefits to Gen Z, such as social support, opportunities for creative expression, and access to education. However, negative impacts are also significant, including increased anxiety, depression, cyberbullying, and sleep disorders. These factors are often trigerred by unrealistic social comparisons, pressure to be perfect, and exposure to negative content. Gen Z’s legal awareness experiences mental health, because it is triggered by criminal acts committed by Gen Z on social media that result in dealing with the law. This is influenced by knowledge of legal rules, awareness, respect and obedience or compliance with legal rules
Tinjauan Yuridis terhadap Pencabulan Anak dibawah Umur Putusan Nomor 666/Pid.Sus/2023/PN. SRG
Get PDFThe increasing crime rate in Indonesia has resulted in the emergence of various modus operandi in the occurrence of criminal acts, one of which is the abuse of minors. Child abuse can damage family life, the school environment, and even indirectly threaten the future of children who are the next generation of the Indonesian nation. The purpose of this study is to analyze the factors that cause the occurrence of criminal acts of child molestation in Serang Regency, Banten Province. This study uses primary data obtained from direct interviews with informants at the Class II Serang Prison, Banten. The conclusion of this study shows the factors causing the occurrence of child molestation from a criminal law perspective. The application of the law to perpetrators of criminal acts of child molestation is carried out by providing sanctions in accordance with Law Number 23 of 2002 concerning Child Protection, such as imprisonment or criminal penalties
Akibat Hukum Akta Jual Beli dengan Objek Kapal yang dibuat Sebagai Perjanjian Simulasi (Analisis Putusan Pengadilan Negeri Samarinda Nomor 42/Pdt.G/2024/PN.Smr)
Get PDFThe sales agreement between the seller and the buyer occurs at the moment there is a meeting of the minds and a declaration between them regarding the goods and the price. However, the transfer of ownership of the goods being sold does not necessarily occur simultaneously with the agreement reached between the parties. The deed made by the Notary serves as evidence to guarantee the truth of the transaction in carrying out a legal act, in this case, a sale and purchase. However, in practice, unlawful acts are still found to be committed by the parties in making an agreement, such as a simulated agreement. Therefore, this research aims to understand the legal consequences of buying and selling ships that are made as simulated agreements and to analyze the regulations regarding the Sale and Purchase Deed with ship objects. The research method used in this study is a qualitative type with a descriptive-analytical nature, utilizing primary legal materials and secondary legal materials. The results and discussion of this research are the regulations regarding the ship sale and purchase deed, where the evidence of the transfer of ownership of the ship is in the form of a ship sale and purchase deed made in the presence of a notary (Article 18 paragraph (3) letter a of the Minister of Transportation Regulation on Ship Registration). Meanwhile, the legal consequence is that the party who feels aggrieved by the simulated agreement does not receive legal protection from the creation of the simulated agreement, and the aggrieved party cannot claim compensation
Tinjauan Kriminologis Meningkatknya Kekerasan terhadap Anak di Wilayah Unit Pelaksana Teknis Daerah Perlindungan Perempuan dan Anak Kota Jambi
Get PDFThe rise in cases of violence against children in Jambi City is a concerning issue, deeply rooted in family dysfunction, economic pressure, and poor parenting. This phenomenon demands serious attention and comprehensive efforts involving firm law enforcement, strengthening family resilience through various support programs, increasing public awareness through ongoing education, and implementing effective early intervention. This study seeks to delve deeper into the root causes of this violence, identify the most relevant countermeasures, and analyze the various obstacles that hinder response efforts. By utilizing primary and secondary data, and applying in-depth qualitative analysis methods at the Jambi City Women and Children Protection Office, this study is expected to provide constructive recommendations to protect children from all forms of violence. The results indicate that the increase in violence against children in Jambi City is caused by economic, environmental, cultural, and educational factors. Preventive efforts include vitamin programs, outreach, and law enforcement, but obstacles such as family shame and a lack of resources remain
Perlindungan Hukum terhadap Masyarakat Nagari yang Tanahnya Disertifikatkan Secara Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 3818 K/PDT/2023)
Get PDFThis research aims to analyze the legal protection for nagari communities experiencing illegal land certification, as well as to evaluate the implementation of the Supreme Court's decision in resolving customary land disputes to prevent similar cases from recurring in the future. The research method used is normative juridical through legislation as the main technique in data collection and examining Supreme Court decision number 3818 K/PDT/2023, related to references from books, journals, and other materials. The research results indicate that indigenous communities whose land has been unlawfully certified are entitled to request the annulment of land rights on the grounds of administrative defects. This cancellation process can be carried out through a ministerial decree as regulated in Articles 105 and 106 of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning the Procedures for Granting and Cancelling State Land Rights and Management Rights
Studi Putusan Nomor 137/Pdt.G/2021/PN Gianyar Tentang Kepemilikan Hak Atas Tanah yang diperoleh Berdasarkan Perjanjian Nominee
Get PDFThe purpose of this study is to determine and analyze the rights of land owners due to nominee agreements in Decision Number 137/Pdt.G/2021/PN Gianyar and the legal remedies of land owners due to nominee agreements. The problems discussed include: (1) What are the rights of land owners due to nominee agreements after Decision Number 137/Pdt.G/2021/PN Gianyar? (2) What are the legal remedies of land owners due to nominee agreements after Decision Number 137/Pdt.G/2021/PN Gianyar. The method used in this study is normative juridical (case study). The results of the study indicate that the parties to the land lost their rights because the nominee agreement which was the basis for the purchase of the disputed land was contrary to statutory regulations, namely Article 1320 of the Civil Code and the UUPA, and efforts to resolve disputes were through mediation
Eksistensi Putusan Penyelesaian Sengketa oleh Komisi Informasi Provinsi Jambi dalam Pemenuhan Hak Memperoleh Informasi Publik
Get PDFThe dispute resolution decision by the Information Commission is expected to encourage the emergence of information disclosure by Public Agencies that previously did not provide access to Applicants who needed the information. Considering that previously the Applicant had gone through the procedures and the length of time determined by law from submitting an application to the targeted Public Agency, submitting an objection to the Superior of the Public Agency concerned to the request for dispute resolution at the Jambi Provincial Information Commission, among others. The purpose of this study is to determine how the existence of the dispute resolution decision by the Jambi Provincial Information Commission on the fulfillment of the Applicant's right to obtain public information. This research is normative juridical with an approach of 43 decisions of the Jambi Provincial Information Commission from 2022 to 2024. The data was collected through a study of decision documents and analyzed qualitatively. The results show that most of the dispute resolution decisions provide a large space for the fulfillment of the Applicant's right to obtain the necessary information. Various information that was previously closed to the applicant is declared through the decision as open information. And of the decisions rejecting the application, which is also quite a large number, most of the reasons are because the dispute application submitted by the applicant is not within the scope of the Information Commission's authority. In other words, only a small part of the rejection decisions are because they confirm the decision of the Public Agency that refused to provide the information requested by the Applicant
Perlindungan Hukum Hak Memunggut Hasil Hutan Bagi Suku Anak dalam di Propinsi Jambi
Get PDFThe right to collect forest products (forestry right) is one of the rights to land originating from customary land law which is then recognized as part of land rights that are permanent in the Agrarian Act Number 5 of 1960. The concept of the right to collect forest products is now interpreted as a right what big entrepreneurs can have in managing forests is of economic values, and not as a basis for the rights of indigenous/local peoples who have a living culture by relying on the existence of forest products. This different interpretation ultimately gave birth to policies and legal actions that deprived indigenous/local peoples of their rights to the forest as stated and recognized by the 1945 Constitution as part of protected customary rights. One of the indigenous/local people who use forest products as their source of life is the Suku Anak Dalam (Orang Rimba) community in the Sarolangun Regency area. The many functions of forest land conversion into industrial plantations, as well as the licensing of business use rights over customary forests make the living space and movement of these communities increasingly limited, even in the end giving birth to various land conflicts between indigenous peoples and forest entrepreneurs in the region. Therefore in the future a law is needed that regulates the right to collect forest products as permanent land rights and can provide justice to indigenous people through legal certainty, where the Suku Anak Dalam community is no longer seen as forest looters, or illegal occupation