UNES Law Review (Universitas Ekasakti Padang)
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Analisis Hukum Terhadap Pelaksanaan Adopsi Anak Dalam Sudut Pandang Hukum Positif Pada Putusan Nomor 29/Pdt.P/2021/PA.Dbs
Get PDFThe practice of child adoption has existed since ancient times. In the past, particularly among couples who had not been blessed with offspring by God, it was common to adopt a child who was still a relative, albeit a distant one. Consequently, child adoption in those times was not based on legal regulations, as the adopted child remained within the family. Therefore, the legality of adoption was not a significant concern in the past. The issues addressed in this paper include the factors and evidence considered by judges in granting adoption petitions and the regulations regarding child adoption under positive law in Indonesia. The research method employed is normative juridical, which involves legal research conducted through the examination of library materials, also known as library research. The findings reveal that the panel of judges considers several points of law, primarily the judges\u27 conviction to grant the petitioners\u27 request based on various pieces of evidence presented during the trial, including testimonies from the biological parents of Child X and witnesses from the relatives of Petitioner I and Petitioner II. The implementation of child adoption in Indonesia is based on the Child Protection Law and Government Regulation No. 54 of 2007 on Child Adoption, which stipulate that the adoption process involves several requirements and is carried out to meet the needs and best interests of the child
Implementasi Insolvency Test Dalam Menyatakan Debitur Pailit Berdasarkan Hukum Kepailitan di Indonesia
Get PDFA bankruptcy application can be submitted by the debtor or creditor with a minimal prerequisite, namely having at least 2 (two) creditors and having a debt that has fallen due and is payable in accordance with the provisions of Article 2 paragraph 1 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (“The Bankruptcy Law”). The ease of filing bankruptcy petitions has raised concerns about its potential to disadvantage debtors and perpetuate malpractices among bankruptcy petitioners. This concern is particularly evident in cases where debtors possess assets that exceed their outstanding debts, rendering them solvent rather than insolvent. A prime example of this issue is the landmark case of Putusan Pengadilan Niaga 48/Pailit/2012/PN.Niaga.Jkt.Pst, where the Commercial Court declared PT Telkomsel bankrupt without first establishing or obtaining evidence that PT Telkomsel\u27s assets were less than its debt to PT PJI, thereby placing it in a state of insolvency. Based on this, the Author will examine the necessity of implementing an insolvency test whose provisions are currently adopted in Government Regulation Number 74 of 2020 regarding the Investment Management Institution
Unsur Direncanakan Pada Pasal 340 Kitab Undang-Undang Hukum Pidana Dalam Putusan Pengadilan Tinggi Tanjung Karang Nomor 145/Pid/2020/PT Tjk
Get PDFThis study aims to analyze the fulfillment of the planned elements in Article 340 of the Criminal Code against the Tanjung Karang High Court Decision Number 145 / Pid / 2020 / Pt Tjk. Where the Judge in deciding this case explained that the planned element was not fulfilled on the grounds that the actions committed by the defendant were spontaneous. The research method used is: normative juridical legal research conducted with literature studies or secondary data as a basis for researching by conducting searches of regulations and literature related to the problem under study. The data collected is then processed and explained descriptively so that the relationship of data with one another can be described factually. The results of the study showed: that in the Tanjung Karang High Court Decision Number 145 / Pid / 2020 / PT Tjk, the judge decided the defendant Edi Antoni alias Edi Recing bin Kemis using Article 338 of the Criminal Code, which was previously the defendant through Kalianda District Court Decision Number 209 / Pid.B / 2020 / PN Kla the defendant received a verdict for participating in murder. In the appeal process at the Tanjung karang High Court, the defendant can be convicted using Article 340 of the Criminal Code concerning Premeditated Murder because of the fulfillment of the premeditated element in Article 340 of the Criminal Code, it can be proven by the defendant admitting he was conscious when committing his act and wanted the death of the victim and the defendant could not prove the origin of the knife used to commit the murder
Kewenangan Mahkamah Konstitusi Dalam Menangani Perkara Perselisihan Hasil Pemilihan Umum 2024
Get PDFThe writing of this research is based on the aim that an assessment will be carried out regarding the extent of the authority of the constitutional court in handling the 2024 election dispute case submitted by the presidential candidate pair and also the vice presidential candidate in serial number 3 and serial number 1. The basis for submitting the petition to the constitutional court by of the candidate pair that there are indications that there was a massive structured and systematic act of fraud in the 2024 election carried out by presidential and vice presidential candidate number 2 where in the implementation of this year\u27s election the principles of fairness and overflow were not implemented properly. Therefore, a problem that can be studied is whether the constitutional court has the authority to handle this case, as in accordance with Law Number 24 of 2003 which regulates the authority of the constitutional court in Article 10 paragraph 1 letter a. Therefore, in the implementation or results of this research, the author really hopes that it will be useful for the constitutional court and the parties involved in this matter. Apart from that, readers will also be able to find out about the extent of authority that the constitutional court has in handling disputes over election results
Tanggung Jawab Hukum Pengembang Properti Yang Dinyatakan Pailit Terhadap Pemenuhan Kewajiban Kepada Konsumen Ditinjau Dari Teori Kepastian Hukum
Get PDFThe need for adequate housing is a mandate of the Constitution. This is what encourages the growth of the house development industry and ready-to-live buildings in Indonesia. However, in its implementation, the community is often faced with the problem of developer companies being declared bankrupt, causing legal uncertainty for consumers. This is what makes researchers interested in examining these legal issues. This research uses normative juridical research with a statutory approach through secondary data searches. The result of this research is that when the developer enters PKPU and is even declared bankrupt, it is the consumers who suffer great losses. Because, if the developer is declared bankrupt and the Deed of Sale and Purchase (AJB) has not yet belonged to the consumer, the consumer\u27s assets will also be confiscated and auctioned, and the consumer does not necessarily get a share of the proceeds from the auction because it is not certain that the results are sufficient to pay off his share. In this case, it can be seen that in bankruptcy cases, consumers are the most vulnerable. In the absence of AJB in addition to being the last creditor, the consumer is not the owner of the land and the land will be auctioned and divided by the separatist creditor. There needs to be an effort from the government to form a specific regulation governing further provisions and the position of creditors in bankruptcy, PPJB, reservation agreements, Pre-Project Selling obligations of developers, as well as sanctions if it is found that the development company has defaulted or broken promises. Because the Bankruptcy Law and GCPL have different solutions from each other, it is necessary to have clearer arrangements between bankruptcy and consumer protection to create legal certainty
Juridical Review of Criminal Sanction Enforcement In Immigration Law
Get PDFThe aims of this research are: 1) to find out the modus operandi of criminal acts in the Immigration sector (Study of Decision Number 713/ Pid.Sus /2022/PN Mks ), 2) to find out how the judge considered in handling down Decision Number 713/ Pid.Sus /2022 /PN Mks. The type of research used by researchers is normative legal research using the statutory and case approaches. The research materials used as a base to support this research include primary and secondary legal materials and methods. The analysis is in the form of a prescriptive method, namely an analytical method that provides an assessment ( justification ) about whether the object under study is right or wrong or what should be according to the law. The conclusion in this research is The modus operandi carried out by the Defendant who committed a Crime in the Immigration Sectors in Decision Number 713/ Pid. Sus /2022/PN Mks was by burning his passport and travel documents in 2019 because they wouldn\u27t be detected as foreigner citizens and are considered an Indonesian citizens. Where the Defendant Mohammed Abdulaziz Khamis Bin Sanad\u27s passport expired in 2020, but continued to live and carry out activities in Indonesian Territory without having a passport, namely from February to October 2021, the Defendant worked for a Mining Company at PT Sungai Berlian Mahakam in Samarinda. On January 15, 2022, the defendant went to Makassar city to look for coffee and would export the coffee to Arabia. 2) The judge\u27s legal considerations in imposing a sentence on the perpetrator of a crime in the field of immigration, as in Decision Number 713/ Pid.Sus /2022/PN Mks, where the Panel of Judges have handed down a decision on the Defendant by giving a prison sentence of 4 ( four ) months and 15 ( fifteen ) days and a fine of IDR 10,000,000.00 ( ten million rupiah). The decision of the Panel of Judges takes into account the facts revealed in the trials, and basically, the judge handed down the decision based on Law number 48 of 2009 concerning Judicial Power by paying attention to juridical and non-juridical considerations by paying attention to things that are aggravating and mitigation the Defendant
Review of Criteria for Commendable Behavior and Expectations for Improvement During the Probationary Period
Get PDFIndonesia is one of the countries that still maintains death penalty, as stipulated in article 10 of the old Criminal Code. Death penalty is one of the main punishments as well as the heaviest punishment for criminal offenders. Meanwhile, based on its renewal based on Law No.1 of 2023 concerning the new Criminal Code. Death penalty is no longer included in the category of main punishment, but a special punishment that is always threatened alternatively and imposed with a probation period of 10 (ten) years. Article 100 of the new Criminal Code is one of the articles born from the reformation of the new Criminal Code which has become pros and cons in the community. The reason is that this provision states that the judge can impose death penalty with a probation period of 10 (ten) years by taking into account the provisions of commendable behavior and hope for improvement. If during the probation period the convict shows commendable behavior, then the death penalty can be changed into life imprisonment. On the other hand, if during the probation period the convict does not show commendable behavior and hope for reparation, then death penalty can be imposed by order of the attorney general based on presidential decree by considering the decision of the Supreme Court. Thus, the question arises as to what the criteria for commendable behavior and hope for improvement are. As a basis for the judge\u27s consideration in deciding whether or not the convict deserves a change in sentence
Penerapan Perizinan Berusaha Berbasis Risiko Bagi Pelaku UMKM di Desa Cibatu kecamatan Cikarang Selatan Kabupaten Bekasi
Get PDFMicro, Small and Medium Enterprises (MSMEs) are the most important pillar in the economic sector to dominate economic growth in Indonesia. Business legality is very necessary for MSMEs bisiness actors. The fact in the field is that there are still many business actors wh don’t have business legality. The Obstacles encountered include the lack of knowledge about business legality and the low education of MSMEs business actors. This has resulted in the inhibition of the development of MSMEs in Indonesia. In Government Regulation Number 7 of 2021 concerning the Ease of Protection and Empowerment of Cooperatives and MSMEs, it is stated that economic growth in Indonesia requires the empowernment and licensing of MSMEs. With the existence of the government regulation, the business license that has been designed in such a way by the Government to make it easier for business actors to issue their business legality. The legal issue that the author will examine is regarding the licensing of MSMEs that provide legal protection and realize a welfare state. MSMEs licensing as a form of legal protection is very important an has an impact, namely that the business license can be used for capital application with the aim of improving the MSMEs business for the better, being able to compete with other products in a larger market, getting assistance and empowerment from the Government so that it can realize a welfare stat
Pelaksanaan Perlindungan Hukum Terhadap Anak Korban Sebagai Saksi Tindak Pidana Pencabulan di Wilayah Hukum Kejaksaan Negeri Agam
Get PDFChildren need special protection to maintain their dignity and dignity, in accordance with the objectives of the Criminal Justice System in the Juvenile Criminal Justice System. The Prosecutor\u27s Office and other child protection institutions as part of the criminal justice sub-system, play a role in helping and protecting child victims as witnesses in trials. According to Article 1 Number 8 of Law of the Republic of Indonesia Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, namely Protection is all efforts to fulfill rights and provide assistance to provide a sense of security to Witnesses and/or Victims which must be carried out by the Witness and Victim Protection Institute (LPSK) or other institutions in accordance with the provisions of this Law. The problem is that in one of the cases in the jurisdiction of the Agam District Prosecutor\u27s Office, on the agenda of the witness examination (evidence) at the Lubuk Basung District Court, the victim\u27s child\u27s statement as a witness is different from the information in the Examination Report (BAP) in the case file made by the West Sumatra Police Investigator. This caused the defendant to be acquitted by the Lubuk Basung District Court Judge who was previously prosecuted by the Public Prosecutor for 15 (fifteen) years. Therefore, the defendant was proven innocent because the victim\u27s child\u27s testimony as a witness could not convince the judge that the defendant had committed a criminal act of obscenity. In this case, it can be seen whether the victim\u27s child received intervention from another party when he became a witness so that his statement at trial was different from the information in the Examination Report (BAP) in the case file. The formulation of the problems discussed in this study is 1. How is the implementation of legal protection for child victims as witnesses to criminal acts of abuse in the jurisdiction of the Agam District Attorney\u27s Office 2. What are the obstacles faced by the Prosecutor in implementing legal protection for child victims as witnesses to criminal acts of abuse in the jurisdiction of the Agam District Attorney\u27s Office? The research method used is empirical legal research (empirical juridical) which is supported by research in the Jurisdiction of the Agam District Attorney\u27s Office. The results of the study show that the implementation of legal protection for child victims as witnesses to criminal acts of abuse in the jurisdiction of the Agam District Prosecutor\u27s Office has been accompanied by professional social workers, but the legal protection for the victim\u27s child has not been maximized because there is still intervention from certain parties so as to affect the victim\u27s child\u27s testimony in the trial. The obstacle faced by the prosecutor is that the victim\u27s child is limited in providing Testimony, the public prosecutor found it difficult to prove the charges at trial, the defendant did not admit to his actions. This makes it difficult for the Public Prosecutor to prove at trial and carry out legal protection for the victim\u27s child as a witness
Peran Notaris dalam Perlindungan Hak Kekayaan Intelektual: Studi Komparatif Praktik Hukum Indonesia dan Standar Internasional
Get PDFThis study explores the role of notaries in the protection of intellectual property rights (IPR) in Indonesia compared to international standards, aiming to identify opportunities for improvement and harmonization. Employing qualitative research methods and comparative studies, the research combines literature analysis, comparative analysis, and methodologies of content analysis and SWOT. Findings reveal significant differences in the practices of Indonesian notaries compared to international standards, facing challenges such as regulatory complexity, technological dynamics, and limited IPR awareness. It is recommended that Indonesia aligns its IPR regulations with international standards, enhances notary training, adopts advanced technology, and strengthens inter-agency cooperation. These steps are expected to improve IPR protection, reinforce Indonesia\u27s position in the global economy, and support a sustainable ecosystem of innovation and creativity