DEDIKASI JURNAL MAHASISWA
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KEDUDUKAN AKTA HIBAH DALAM SENGKETA KEPEMILIKAN HAK ATAS TANAH
Full text linkABSTRACTGrant is a one-sided agreement whichis the parties who are still alive, freelyand irrevocable, give or dissectingan object for the purpose of therecipient's receiving the comforter. Aa common problem in society is thattransitions land of rights through thegrants. This is could happen whensomeone wrong. The wrong partiessaid that they felt like had the grantor the parties who inherited thegrant. The solution should beestablished by viewing the form ofthe grant performed using anauthentic deed as prescribed inarticle 1682 of civil law. The generalthe authority is given to make the seed ofthe grant by the law is the land deed.The issue raised in this writing wasentitled. "The study was intended toanswer the question of how the deedof the grant was valid and theposition of the grant deed in disputeover the land rights. The type ofresearch that used, wasnormative-juridical research, a studydone on the basis of legal materialsand by the way of collecting data,studying books on the librariesrelated to this research.As for the conclusion of this study,a grant is a free form of a covenantthat only submit to the terms of thetreaty set. That the terms of the covenantregulated in civil law. Thethe legitimacy of the rights that shouldbe extended to the recipient and thethe object should be given to be free ofcharge, interference, and litigationon the part of the third parties.Material obtained from anillegitimate grant, wouldautomatically render theunauthorized as an objectinheritance, so that the recipientwould be denied by the acquiresobject.Keywords: Deeds, Grants, RightsOn The Land
AKIBAT HUKUM TERHADAP PELAKU TINDAK PIDANA TERORISME DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM DI INDONESIA
Full text linkAbstractTerrorism is an act that uses violence or threats of violence that create an atmosphere of terror or widespread fear, which can cause mass casualties, and/or cause damage or destruction to strategic vital objects, the environment, public facilities, or international facilities with ideological, political, or security disturbance motives. Terrorism involves groups that attempt to overthrow certain regimes, correct group/national grievances, or undermine the international political order. The main element of terrorism is the existence of acts of violence, political differences being the main motive, taken either individually or in groups by spreading fear against the opposing party so that the ruling regime fulfills its demands. Terrorism is also carried out by killing the race of a nation because of feelings of revenge or political problems. Terrorism like this includes crimes against human rights, which deliberately destroy or destroy all or part of a national group or ethnic race. The regulation of criminal acts of terrorism according to positive law in Indonesia and Islamic law, namely in Law Number 5 of 2018, while Islamic law is based on the al-Qur’an and the Hadith of the Prophet. Criminal sanctions for criminal acts of terrorism according to positive law in Indonesia and Islamic law are : (1) Law Number 5 of 2018 in the form of imprisonment and capital punishment, and (2) Islamic law in the form of Jarimah hudud. This criminal act of terrorism is also included in the finger of qishash who is sentenced to death if there is no amnesty (amnesty). If the perpetrators surrendered and laid down their weapons, the suppression was stopped and they were rebels guaranteed the safety of their lives and assets, then the government (ulil amri) could forgive them or punish them with ta’zir punishment. Keywords : Crime, Islamic Law, Legal Consequences, Perpetrators, Positive Law, Terroris
PERLINDUNGAN KONSUMEN TERHADAP INFORMASI YANG TIDAK SESUAI DENGAN PROMOSI PERIKLANAN
Full text linkAbstractAdvertising as a means of promoting products or offers from business actors to potential consumers. Ads are made as attractive as possible so that potential consumers are interested in buying and using them. However, sometimes advertisements are used by business actors to seek profit only, but in reality, the products being sold do not match the advertisements offered by business actors, causing losses to consumers. Information that is incompatible with advertising promotion is false, misleading, and dishonest information through advertisements, which is a violation of consumer rights. Business actors through advertisements promote goods and/or services with information that is excessive, and the information submitted is not in accordance with the condition and condition of the original product. Ads that contain false information, then the act meets the criteria of a crime called fraudulent misrepresentation. Prohibition of providing false information is regulated in Article 8 paragraph (1) letter f and Article 10 of Law Number 8 the Year 1999. Legal sanctions for business actors who provide information inconsistent with advertising promotions are in the form of imprisonment for a maximum of 5 (five) years or a maximum fine of IDR 2.000.000.000,00 (two billion rupiahs), which is regulated in Article 62 of Law Number 8 of 1999, and additional penalties as provided for in Article 63 of Law Number 8 of 1999 may also be imposed. Keywords: Advertising, Consumer Protection, Information, Promotio
TANGGUNG JAWAB AHLI WARIS TERHADAP DEBITUR YANG MENINGGAL DAN DINYATAKAN PAILIT DITINJAU DARI UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG
Full text linkABSTRACT One of the criteria for implementing agreements made by creditors and debtors is guarantees because this guarantee can give confidence to creditors that the debtor will repay the loan. But in general, what happens in the business world, debts and receivables between creditors and debtors do not always run smoothly as promised. The debtor who should have fulfilled the obligation to pay his debt or performance, because of something unable to fulfill the obligations or achievements that should have been received by the creditor from the debtor, then the right step to solve it is through bankruptcy legal instrument, containing a rule that can regulate the relationship of the parties. and also regarding rights and obligations. This type of research is normative juridical research, library research with the problem approach used in the writing of this thesis is a statute approach.The results showed that the responsibility of the heirs to the debtor who died and was declared bankrupt, the heirs could choose one of 3 (three) attitudes, namely: accept as a whole, be inclusive of the heir's debt, accept on condition, the inheritance is received in detail, while the debt is the heir will be paid based on the property received by the heir, and refuse the heir does not want to know about the settlement of the inheritance. Protection of property belonging to an heir of a debtor who has died and is declared bankrupt, namely the bankrupt debtor who still has control and management rights over several items as stipulated in article 22 in conjunction with article 21 of the Bankruptcy and Suspension of Debt Payment Obligations, which excludes or separates the debtor's personal assets that are not related to the bankruptcy.Keywords: Bankruptcy, Inheritance and Legal Protectio
ANALISIS YURIDIS HAK TANGGUNGAN DIATAS HAK GUNA BANGUNAN BERASAL DARI HAK PENGELOLAAN ASET PEMERINTAH DAERAH (Studi di Perumahan Korpri Jalan Jakarta Loa Bakung Samarinda)
No full textABSTRACTLand rights in Indonesia are divided into 2 major parts, namely (1) permanent land rights such as property rights, building use rights, and business use rights. (2) Land rights that are not permanent such as Mortgage Rights (formerly called Hypotheek), Mortgage Rights only apply to immovable objects in the form of land and building rights only.The problem is that Mortgage Rights can be expressly granted over land rights as referred to in the Mortgage Law. The relationship between Mortgage Rights and other rights, as the object of Mortgage, cannot be disputed, but this issue arises in relation to land rights which are permanent in nature over Management Rights which are still land assets belonging to the East Kalimantan Provincial Government.Whereas the implementation of PP Number 40 of 1996 which regulates Building Use Rights can be used as objects of Mortgage Rights, there is a regulatory dichotomy, because Law Number 4 of 1996 clearly regulates that the objects of Mortgage are Building Use Rights, which come from Property Rights, State Land, and Management rights are not questioned. Likewise, the dichotomy states that it is the object of transition that must receive a recommendation. Keywords: Building Use Rights, Local Governmen
AKIBAT HUKUM PEMBATALAN AKTA PERJANJIAN PENGIKATAN JUAL BELI YANG DIBUAT OLEH PEJABAT PEMBUAT AKTA TANAH TERHADAP PROSES SERTIFIKAT HAK TANAH
Full text linkAbstractThe binding purchase agreement is a form of law that arises from the growing need in the community. Land trading deed made before a public notary in a conditional agreement to bind parties who have made the agreement in order to implement the main agreement which is the trading deed made before PPAT (Official Empowered to Draw up Land Deeds). In principle, the land trade agreement is the same as the agreement in general which complies with the requirements of the validity of an agreement as stated in Article 1320 of the Indonesian Civil Codes and Article 1338 Paragraph (1) stating that all agreement which are legally made are used as the law for those who made them. The research was judicial normative. The factors causing the cancelled of the land trading deed was the agreement of the parties because the requirements of cancelled by the court of law for the claim of one of the parties that usually one of the parties did not keep his/her promise and there was an element of an action against the law. The legal consequences of the land trading deed made before a public notary was compensation, cancelled by agreement, and cancelled with compensation. The sue could be done at the court of law (litigation) after the warning was sent to by the injured party to the party that cancelled the agreement or the party who breached the agreement agreed in the land trading deed
PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PRODUK KOSMETIK YANG MENGANDUNG BAHAN BERBAHAYA
Full text linkABSTRACT Trading in a free era is now a lot of cosmetics on the market and through social media with various types of brands. A woman's desire to always look beautiful is widely utilized by irresponsible businesses by producing or trading cosmetics that do not meet the requirements or that contain harmf ingredients to distributed to the public. Most wome are very interested in buying kosemetik products at low prices and the results are quickly visible. Many loss are caused by the circulation of cosmetic products face whitening but this danger is not realized by women. The government invited Law No. 8 of 1999 on Consumer Protection to be fully protected and protected consumer rights. This paper aims to know the legal protection for consumers against products containing hazardous materials and to know the legal sanctions against kosetic businesses containing materials containing hazardous materials. This research method uses NormativeEmpirical. This method of empirical normative law research is basically a merger between normative legal approaches with the addition of various empirical elements. Based on the results of the study explained that legal protection for consumers against cosmetic products containing harmful ingredients is still found in the city of Samarinda that are still circulating and sold by manufacturers and businesses that are not responsible as stipulated in Law No. 8 of 1999 on Consumer Protection. Producers and businesses that do not meet the requirements in producing the sale of an item will be subject to criminal sanctions Article 169 for a maximum of 10 (ten) years and a maximum fine of Rp 1,000,000,000.00 (one billion rupiahs) and Article 19 7 with the threat of until 15 (fifteen) years and a maximum fine of Rp 1,500,000,000.00 (one billion five hundred million rupiahs) which has been regulated in Law No. 36 of 2009 concerning Health.Keywords: Consumer Protection, Dangerous Cosmetic
MEKANISME PENGAWASAN TERHADAP PESERTA BPJS DITINJAU DARI PERSPEKTIF HUKUM ADMINISTRASI NEGARA
Full text linkABSTRAKKeberadaan institusi bernama Badan Penyelenggara Jaminan Sosial (selanjutnya disebut BPJS) adalah salah satu cara untuk dapat memenuhi kebutuhan dasar hidup yang layak dan meningkatkan martabatnya menuju terwujudnya masyarakat Indonesia yang sejahtera, adil dan makmur. Tujuan Sistem Jaminan Sosial Nasional memberikan jaminan terpenuhinya kebutuhan dasar hidup yang layak bagi setiap peserta dan/atau anggota keluarganya. BPJS mendistribusikan kesejahteraan sekaligus perlindungan bagi seluruh rakyat Indonesia. Permasalahan dalam skripsi ini adalah bagaimana pengaturan badan penyelenggara jaminan sosial (BPJS) di Indonesia, serta bagaimana pelaksanaan dan sistem pengawasan bagi peserta BPJS ditinjau dari perspektif hukum administrasi negara.Penelitian ini menggunakan metode penelitian yuridis normative. Bahan hukum dalam skripsi ini di ambil dari data sekunder, primer dan tersier. Teknik pengumpulan data dipergunakan adalah Studi kepustakaan (Library Research). Metode analisis data menggunakan analisis kualitatif. Pendekaan Yuridis normatif yaitu metode pendekatan yang menggunakan konsepsi legis positivis. Konsep ini memandang hukum identik dengan norma-norma tertulis yang dibuat dan diundangkan oleh lembaga atau pejabat yang berwenang dan meninjau hukum sebagai suatu sistem normatif yang mandiri, bersifat tertutup dan terlepas dari kehidupan masyarakat yang nyata serta menganggap bahwa norma-norma lain bukan sebagai hukum.Hasil penelitian ataupun kesimpulan dalam penelitian ini menunjukkan bahwa di dalam pelaksanaan peserta BPJS ditinjau dari hukum administrasi negara dimulai dari validitas data masyarakat di Indonesia dan proses registrasi bagi peserta. Setiap peserta BPJS wajib membayar iuran yang besarnya ditetapkan berdasarkan persentase dari upah atau suatu jumlah nominal tertentu. Pemberi kerja BPJS wajib memungut iuran dari pekerjanya, menambahkan iuran yang menjadi kewajibannya dan membayarkan iuran tersebut kepada BPJS secara berkala. Pengawasan bertujuan untuk menjamin ketepatan pelaksanaan rencana, menertibkan koordinasi kegiatan, menjamin efisiensi dan mencegah pemborosan, kebocoran atau penyelewengan,serta menjamin kepuasan pelanggan dan membina kepercayaan publik terhadap BPJS. Kata Kunci : BPJS, Pengawasan, Hukum Administrasi Negar
TINJAUAN HUKUM PUNGUTAN LIAR OLEH OKNUM MASYARAKAT TERHADAP TRUCK KONTAINER DI KECAMATAN SAMARINDA SEBERANG
Full text linkAbstractIllegal levies are actions carried out by a person or civil servant or state official by requesting payment of a sum of money that is inappropriate or not based on the regulations relating to the payment, this is often equated with acts of extortion, extortion is the designation of all forms of illegal levies, which has no legal basis. The problem of this research is What is the cause of illegal payments made by unscrupulous people on Street Pattimura intersection four Rapak Dalam and What is the role of the police in overcoming/carrying out law enforcement against community members who extort Container Trucks on Street Pattimura intersection four Rapak Dalam, this research uses a sociological juridical approach and an empirical approach. Data collection is carried out with literature and field studies, then the data are analyzed qualitatively. Based on the results of research and discussion it can be concluded: the causes of illegal levies committed by community members on Street Pattimura intersection four Rapak Dalam are due to the difficulty of finding jobs, economic conditions, and the opportunity to conduct illegal levies because of the omission of law enforcement officers who even participated order to carry out these extortion actions. The role of the police in overcoming/carrying out law enforcement against the public committing extortion of Container Trucks on Street Pattimura intersection four Rapak Dalam is by fostering, preventing, and acting as a step by the police to deal with these illegal levies, but in reality, especially in the case of the police, the police seemed to cover up and even cooperate with perpetrators of criminal acts
PERNIKAHAN BEDA AGAMA DI INDONESIA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA
Full text linkABSTRACT Marriage is the bond of sacred promises between men and women who love each other and should not be separated by anything except by death, an eternal marriage of course must be based on love, but the fact that there are often conflicts in the implementation of marriage because it is blocked by religion or different beliefs between a bride and groom, if viewed from the perspective of human rights, where the right to choose a partner should not distinguish between ethnicity, race, religion or class, because the right to choose a life companion is the personal right of every human being who there is, and that right should not be in conflict with regulations prohibiting interfaith marriages in Indonesia Keywords: Marriag