UNES Law Review (Universitas Ekasakti Padang)
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Esensi Delik Obstruction of Justice Dalam Konstruksi Hukum Pidana
Get PDFObstruction of justice is a criminal offense formulated in the Criminal Code to protect the judicial process so that it runs fairly and prevents manipulation. However, law enforcement against obstruction of justice in Indonesia is considered to be still weak due to several obstacles such as unclear article formulations, weak cooperation between related institutions, minimal internal supervision and lack of public understanding. Therefore, various comprehensive improvement efforts are needed both in terms of regulations, coordination between institutions, internal supervision, and public education so that enforcement of obstruction of justice laws can run effectively and optimally in Indonesia
Renvoi Prosedur sebagai Upaya Hukum Terhadap Tagihan Kreditur yang Ditolak oleh Kurator dalam Perkara Kepailitan (Studi Putusan Renvoi Prosedur Nomor 28/Pdt.Sus Pkpu/2018/Pn.Niaga.Jkt.Pst )
Get PDFThe Renvoi procedure is a legal mechanism that aims to protect the rights of creditors who face a refusal of payment by the receivership in the context of insolvency. This process provides a legal recourse for creditors who face rejection of bills by sending a letter of objection supporting the reasons for the rejection, complete with relevant evidence, to the Panel of Deciding Judges through the role of the Supervisory Judge. In this Renvoi Procedure case, PT JIEP as the Applicant and the Curator Team of PT Tobu Indonesia Steel as the Respondent made legal efforts because the Applicant submitted an objection to the bill to the Respondent. In this study, the author chose to apply a normative descriptive approach. The technique chosen involves a statute-based approach as well as a case-based approach to analyze and explore the issues discussed where this approach is used to examine cases that occur based on statutory provisions relating to all bankruptcy activities in PKPU. Based on the summary that has been submitted, the author develops a more in-depth research on Decision Number 28/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst
Evektifitas Pendidikan Maslahat Pra-Nikah dalam Mencegah Pernikahan Dini Bagi Remaja
Get PDFEfforts to prevent early marriage are not enough to be limited to legal regulations alone. It is necessary for various institutions, including religious institutions, to carry out activities as preventive steps to prevent early marriage. The government has attempted to prevent child marriage by revising the marriage law regarding the age limit for marriage for women and men, namely at least 19 years. This is a good step from the government in preventing child marriage. To support this, IPNU and IPPNU Jember Regency created an activity program in the form of Pre-Marriage Mashlahat Education. The target participants in this activity are teenagers in Jember district who are entering high school age and above. This aims to educate from an early age for awareness of the dangers of child marriage. Apart from that, pre-wedding maslahat education is also attended by prospective brides and grooms. To provide information regarding tips for forming a Sakinah, Mawaddah Warahman family. This research reviews the effectiveness of pre-marital maslahat education as an effort to prevent early marriage for teenagers. Primary data consists of interviews and observations carried out in the form of activities on 17 institutions spread across Jember Regency. The results of this research show that many factors result from early marriage, including education, economics, and religious understanding. So, with this pre-marital maslahah education activity, it is hoped that it will be a solution for children who refuse to be forced to marry early
Pembatalan Wasiat Dan Dampak Hak Waris Terhadap Hilangnya Legitieme Portie Berdasarkan Putusan Pengadilan Nomor 43/PDT.G/2020/PN Medan
Get PDFEvery transfer of property during a marriage as long as the marriage is not agreed upon, every act of transfer and collateral must obtain the approval of each married partner so that if there is a transfer of joint property during the marriage, the action will be null and void. The formulation of the problem in this research is: What is the basis of the judge\u27s considerations in the case of Court Decision Number 43/Pdt.G/2020/PN Medan relating to the cancellation of wills and the impact of inheritance rights on the loss of Legitiieme Portie? And what are the legal consequences of canceling a will for the parties in the case of Court Decision Number 43/Pdt.G/2020/PN Medan relating to the cancellation of a will and the impact of inheritance rights on the loss of Legitieme Portie? The method in this research is nomative juridical. A notary making an authentic deed is legal principles contained in the Civil Code in connection with making a will deed where a notary cannot make a will deed that bequeaths or bequeaths mixed assets in a marriage that owns the property. is joint ownership, because the action taken will harm the married couple so that it can be betrayed as an unlawful act as in the case in Decision Number 43/PDT.G/2020/PN. Medan. The resolution of the case stems from the return of the wife\u27s rights to some of the assets in the mixture of her marital assets, namely half, while the other half is the inheritance deed of the deceased which should still be inherited by the deceased\u27s heir
Wanprestasi dalam Perjanjian Pinjam Meminjam Uang pada PT. PNM Mekaar (Studi di Kelurahan Sei Putih Barat Kota Medan)
Get PDFA money lending and borrowing agreement is an agreement that must be agreed upon by the parties, as well as with PNM Mekaar and customers in Sei Putih Barat Subdistrict, Medan City. Customers who want to borrow money are required to make an agreement that has been made by PNM Mekaar. Of course, there are customers who make loans who default, so this must of course be resolved because it has become an obligation that must be fulfilled. The purpose of this research is to find out agreements for borrowing and borrowing money, to find out the forms of default committed by customers, and to find out the settlement of defaults from PNM Mekaar in Sei Putih Barat Subdistrict, Medan City for customers who make defaults. The method used is to combine normative juridical and empirical juridical. The research results state that the customer must agree to the agreement that has been provided, the contents of the agreement are in the form of obligations that must be fulfilled and the agreement must be agreed upon by the group leader and the person in charge. The form of default that occurred to PNM Mekaar customers, West Sei Putih Village, Medan City, was not making payments on time and there were customers who ran away. The resolution of the default carried out by PNM Mekaar, Sei Putih Barat Subdistrict, Medan City, was to implement a joint and several responsibility payment system, and the group leader tried to find and contact the person in charge of the member who had run away.
 
Implikasi Dan Faktor yang Mempengaruhi Keterlambatan PPAT dalam Mendaftarkan APHT Ke Kantor Pertanahan
Get PDFImplications and Factors Affecting PPAT Delay in Registering APHT to the Land Office, with the object of research is APHT to be registered APHT, this article aims to find out the Implications and Factors Affecting PPAT Delay in Registering APHT to the Land Office, with normative methods. The result is that the Land Deed Official (PPAT) in making the Deed of Granting Mortgage Rights (APHT) starts from the process of checking juridical data and documents, here the PPAT must be careful in checking the documents and is responsible for the implications caused by the PPAT\u27s inaccuracy in checking, The second is in the process of APHT registration to the Land Office where the PPAT must be responsible for being on time according to Article l3 Paragraph (2) which states that no later than 7 working days after signing the APHT, the PPAT must send the APHT and other necessary documents to the Land Office. The 7-day grace period is calculated from the time the APHT is signed. Factors influencing the delay in the implementation of APHT making are first, from the parties who take a long time in collecting documents or exceeding the time limit, second, checking the Land Rights certificate at the Land Office which is said to be too long, third, namely writing errors in the deed, fourth, namely delays in APHT registratio
Kajian Hukum Pemberian Perintah Tertulis di Sektor Jasa Keuangan oleh Otoritas Jasa Keuangan dalam Rangka Perlindungan Konsumen Sektor Jasa Keuangan
Get PDFIn essence, law enforcement is the process of making efforts to enforce or function real legal norms as guidelines for behavior in traffic or legal relations in social and state life. Thus, in short, law enforcement is an effort made to make the law, both in the narrow formal sense and in the broad material sense, a guideline for behavior in every legal act, both by the legal subjects concerned and by law enforcement officials who are officially given duties and authorities by law to ensure the functioning of legal norms that apply in social and state life. Law enforcement efforts for violations of written orders are carried out by imposing sanctions as regulated in the provisions regarding written orders, namely criminal sanctions as regulated in the OJK Law. In its development, sanctions for violations of written orders are not only in the form of criminal sanctions but also administrative sanctions, this can be seen from the regulations in POJK Number 35/POJK.05/2016 concerning Procedures for Determining Written Orders in the Insurance Sector, POJK Number 18/POJK.3/ 2020 concerning Written Orders for Handling Bank Problems, and POJK 40/POJK.05/2020 concerning Written Orders for Handling Nonbank LJK Problems, apart from criminal sanctions as regulated in the OJK Law there are also administrative sanctions for violations of written orders, namely in the form of written warnings, restrictions business activities, and revocation of business permits, written warnings and prohibitions as the main party. This can be interpreted as meaning that criminal sanctions in efforts to enforce the law of written orders in the financial services sector are imposed as ultimum remidium
Kedudukan Rahasia Dagang sebagai Harta Gono-Gini
Get PDFTrade secrets or what is now known as undisclosed information are part of IPR which is parallel to other forms of IPR such as patents, brands, industrial product designs, copyrights, etc. The method used is normative juridical. According to legal experts, trade secrets are included in the category of intangible movable objects, in the form of rights that have moral, practical and economic value. Based on what is stated above, trade secrets become a right that has moral and economic value. However, when the owner of the IPR dies or there is a divorce in the household, it is very likely that problems will arise because of the economic value of the trade secret. The result is that trade secrets are intellectual property of high value and must be protected, then secrets can be said to be joint property if they are registered during the marriage period, but if they are registered before the marriage period they are said to be personal property of each individual. However, if the economic value is in the form of royalties on If the trade secret is received or obtained after the marriage, it is wealth in the household which becomes joint property. So, if a divorce occurs, it can become joint property that must be divided
Administrative Errors With Potential to Harm State Finances Based on Legal Audit by The State Prosecutor
Get PDFCorruption crimes in government procurement of goods and services, such as bribery, price mark-ups, and manipulation of bidding processes, can disrupt good governance, cause financial losses to the state, and diminish public trust in the government. Therefore, legal audits by the State Prosecutor play a crucial role in preventing financial losses to the state and identifying administrative errors that potentially harm state finances based on the results of such legal audits. The research findings indicate that the legal audit by the State Prosecutor in avoiding financial losses to the state through the Prosecution is governed by the Cooperation Agreement between the Ministry of Home Affairs, the State Prosecutor, and the Indonesian National Police. This audit involves receiving reports or complaints from the public, verifying with supporting evidence, providing written notices of handling outcomes, and protecting the identity of the reporters. The steps of the legal audit include ensuring objectives, planning, data confidentiality, document collection and analysis, report preparation, result exposition, and result delivery to the applicants. These stages also involve auditing findings analysis, compliance evaluations, decision feasibility assessments, and considerations for further legal actions, all aimed at maintaining integrity and accountability in governance. The State Prosecutor uses legal audits to ensure legal compliance and identify errors that could harm state finances. They determine indications of criminal acts or legal violations and assess sufficient evidence to support allegations of violations. During the audit process, the State Prosecutor looks for irregularities or legal non-compliance related to public fund management, financial misconduct, and other administrative violations involving state finances
Comparative Analysis of Criminal Laws on Money Laundering in ASEAN Countries: Between Justice and Protection
Get PDFGlobalization brings many conveniences to the activities of the community through technological advances. Globalization also makes the borders and distances between countries invisible, so that countries in the world can be connected to one another. On the other hand, globalization has a negative impact on the world, namely the emergence of transnational crimes. One of the transnational crimes that plague different countries is money laundering. It is the act of processing the proceeds of criminal activity with the intent of concealing the source of the criminal activity or transforming the profits of criminal activity or corruption into ostensibly legal assets. Money laundering has become a transnational crime that is complicated and difficult to solve in various countries around the world. In this journal, the author uses a legal approach and comparative law method to compare the regulation of money laundering in Indonesia, Singapore and the Philippines. The results of this study will be an examination of the development of money laundering in the era of globalization and the regulation of money laundering in Indonesia, Malaysia, Singapore and the Philippines