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Kewenangan dan Tanggung Jawab Notaris Pengganti setelah Pelaksanaan Tugas dan Jabatan Berakhir
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As an honorable position and profession, the notary replacement also has obligations that must be implemented, either based on laws and regulations that specifically regulate notary public (UUJN), or other laws and regulations. The authority of a notary substitute shall be the same as that of a notary public, comprising of general authority, special powers, and powers that shall be determined later in accordance with the laws and regulations. The replacement notary's legal liability includes civil liability, criminal responsibility, UUJN-based responsibilities, and responsibility for performing his / her duties under the Notary's Code of Conduct. However, the limitation of the length of time the substitute notary's responsibility to the deeds he made, has not been explicitly regulated in the UUJN.
Keywords: Deed, Authority, Notary Substitute, Responsibilit
Penetapan Tersangka pada Peradilan Koneksitas dalam Perkara Tindak Pidana Korupsi
Get PDFCorruption is a criminal act, not only committed by civilians, but also by military members. Members of the military utilize procedural law called connectivity, in which cases are examined through the mechanism of connectivity. Neglecting the mechanism of connectivity results in uncertain legal implementation. The arrangement of the existing connectivity mechanism within the legislation includes the establishment of a permanent team: public court officials and military court officials whose implementation is considered complicated. While one official’s handling of cases would be considered corrupt, they instead commit the act of splitsing (the separated settlement of the case). The Corruption Eradication Commission (KPK), as an institution, has the authority to control and coordinate corruption criminal cases. In the case of a criminal act of connectivity, related to corruption cases handled by KPK investigators and military investigators, although it may not be examined through the mechanism of connectivity, it is still valid because the determination of the suspect on the offender is based on sufficient initial evidence. Yet, this connectivity mechanism is necessary so that the examination of the case will be a set of intact connectivity, stated in the legislation that regulates the handling of the crime of connectivity in order to sustain justice for all parties.
Keywords: Corruption, Connectivity, Determination of Suspect
Hak dan Kewajiban Suami Istri Akibat Putusan Mahkamah Konstitusi tentang Pembuatan Perjanjian Perkawinan Setelah Perkawinan Berlangsung
Get PDFThe Constitutional Court has issued a decision number 69/PUU-XIII/2015 in dealing with rights and duties between husband and wife under a marriage agreement of treasure separation. As a result of such constitutional decision, however, there should not be provisions that harm third parties, creditor as an instance, when debts have prevailed during the marriage term. As a means to protect creditor, it should refer to Article 31 paragraph 1 of Marriage Act (UUP) in which both husband and wife are equal. With regard to repayment of joint debts, both should remain equal in dealing with rights and duties in which repayment is collected from joint treasure. While it is not sufficient, it is collected from husband’s treasure and if it is still not sufficient, it is collected from wife’s treasure respectively as it is mentioned in Articles 33 and 34 paragraph 1 Marriage Act.
Keywords: Rights and Duties, Marriage, Constitutional Court’s Decisio
Keterangan Ahli Warga Negara Asing dalam Peradilan Pidana di Indonesia
Get PDFProof plays an important role in the process of adjudication in the trial process. In the criminal process, proof requires the attendance of an expert, particularly when it deals with an expert from abroad to provide statements in the courts. This paper aims to show the importance of evidences in the Indonesian criminal law procedure in which the statement to be delivered by an expert from abroad. It will discuss the importance of expert’s statement from foreign citizen to help judges in the criminal justice system of Indonesia. To judges, the statement of an expert has a power characterised as free and non-binding evidence by which the judgement fully depends upon judges’ conviction. While a foreign citizen arrives in Indonesia designated as an expert to provide witness in the trial process in which he/she does not hold visa, judges cannot dispute his/her absence of visa , but they are only given a power to consider the statement of such expert. With regard to visa, it is not the responsible of judges or the court, but the Immigration Bureau.
Keywords: Proof, Evidence, Statement of Exper
Konsolidasi Komunal sebagai Mitigasi Konflik Agama di Jawa Timur
Get PDFIndonesia adopts democracy based on the rule of law as it is guaranteed in the constitution. But, the practice of violations of Freedom of Religion and Belief (KBB) still frequently occurs in Indonesia, including in the province of East Java. As a result of intolerance under the ground of religion and belief, social conflict is inevitable. There are several alternatives as a means to establish transitional justice in the aftermath of conflict, such as truth finding, independent and impartial tribunal, mainstreaming collective consciousness on the importance of diversity, and utilization of policy to counter social conflict. Nevertheless, another important aspect is the need of communal consolidation in the aftermath of intolerant practice and social conflict. Thus, communal consolidation which involves interested parties should be seen as an instrument of conflict mitigation under the ground of religion in East Java.
Keywords: The Rule of Law, Government, Freedom of Religion and Belie
Hukum dan Bahasa: Refleksi dan Transformasi Pemenuhan Hak Ekonomi, Sosial dan Budaya
Get PDFThe regulation of economic, social and cultural rights is always intertwined with language. Language is significant in the written dimension of legal protection and the legal fulfillment of rights. The text of the law is a commitment to fulfilling rights. Understanding the structure of the text is necessary to predict and reach the needs, as well as to fulfill the rights. States must be able to recognize legal texts that are aligned and responsive. These legal texts must favor the fulfillment of the civil rights through language that reflects and transforms elements of the economic, social, and cultural rights (ie. freedom, availability, accessibility, and conformity). Yet, it is often that the language in the legal text formulated is inconsistent and uncertain. Language as a tool of transformation can also become a tool that shackles. This issue requires an understanding of intertextuality, with respect to the text of the law. One strategy is to highlight the elements in legal texts: principles, standards, and concepts to enforce values and legal goals. This effort is intended to understand the various factors and relationships that affect the accuracy of meaning, and subsequently reflect on the purpose of formulating that legal text. The discovered weakness of the text can thus be reconstructed in responsive, progressive and communicative spaces and structures.
Keywords: Language, Law Text, Reflection, Transformation, Socio-Economic and Cultural Right
Studi Komparasi Hak Waris dalam Hukum Adat dan Islam di Masyarakat Madura Perantauan Desa Jelbuk, Kecamatan Jelbuk, Kabupaten Jember
Get PDFThe rules of inheritance customary law are legal norms that regulate how the objects or inheritance are distributed to heirs from generation to generation. Each region is inseparable from the influence of different kinship arrangements, including patrilineal, matrilineal, parental or bilateral. The heterogeneous village of Jelbuk has indigenous tribes, namely the indigenous Jelbuk tribe who was born and settled in Jelbuk Village and the majority are Madurese. In addition, there are migrated Madurese people, where the indigenous Madurese bond with the Jelbuk people so that they finally decide to stay and do inheritance, so that the purpose of the research is the inheritance system and gender. This paper uses an empirical juridical method with the case approach of written customary law (socio-legal) and comparative approach.
Keywords: Inheritance, Customary Law, Migrated Madures
Peran Pemerintah Banyuwangi terhadap Bangunan Pinggir Pantai
Get PDFBanyuwangi is a regency in East Java which focuses to transforming the regency into a tourism city, especially in the coastal tourism. As the development has sustained, it persuades investors to explore coastal tourism as a new business area. Consequently, the development of tourism in Banyuwangi regency generates new tourism places. On the other hand, however, there are further problems in areas of coastal tourism which were previously established. Watu Dodol Beach for instance, the beach has a lot of traditional outlets as business activities as results of coastal tourism with more than 37 years without any administrative documents. This paper is aimed to revisit the response of Government of Banyuwangi toward permanent buildings at beach’s borders according to administrative procedures according to Government Bylaw (Perda) Number 9 Year 2014 on Building. There are some critical notes to outline implications of such bylaw with the following dispute settlement. As mentioned by such bylaw, the absence of administrative documents on the establishment of outlets will impose the Government to issue reminder in writing, restrictions of building, postponement of activities, revocation of building permits (IMB), revocation of feasible function standard (SLF) and dismantling of buildings. As a result, the dispute settlement provided to address such administrative sanction comprises litigation and non-litigation processes.
Keywords: Government of Banyuwangi, Building, Coastal Touris
Responsibility to Protect sebagai Bentuk Perlindungan Hak Asasi Manusia di ASEAN
Get PDFAssociation of Southeast Asian Nations (ASEAN) established on August 8, 1967 still accords to the principle of non-intervention which has been arranged in the ASEAN Charter. This principle, however, has been debated among ASEAN members, specifically when it is dealt with human rights. While the instutionalization is one of ASEAN’s achievements, human rights become one of pivotal issues in Southeast Asia which subsequently raises questions on the commitment of ASEAN to support the Responsibility to protect at the Summit on 2005. This article revisits the responsibility to protect in international law which is accorded to international customary law of Article 38 paragraph (1) of the Statute of International Court of Justice (ICJ). By using legal research, this article asserts that the responsibility to protect is essentially applicable to be adopted by regional intergovernmental organization like ASEAN, though it was initially only adopted by the Security Council of the United Nations. But, the principle of non-intervention would be the primary barrier to applying it. Therefore, this article recommends to wielding power to the Security Council of the United Nations with respect to solving such problem at the ASEAN level with the following idea to include ASEAN as the UN member.
Keywords: Responsibility to protect, Human Rights, ASEA
Kewenangan Pemberian Izin Penggunaan Ruang Bawah Tanah dalam Proyek Mass Rapid Transit Jakarta
Get PDFAs the capital of Indonesia, DKI Jakarta is classified as having the highest population density, resulting in emergent problems in transportation- specifically traffic congestion. The use of basements may be a potential alternative in solving congestion problems in DKI Jakarta. In terms of licensing the use of underground space, used by PT Mass Rapid Transit Jakarta (MRT) as the responsibility of MRT infrastructure implementation and procurement, the authorized licensing is governed through regulation. From a legal perspective, a central issue may be the lack of clear legislation regarding the use of the basement. Therefore, an analysis of the governor’s licensing mechanism is required, as well as the governor’s issue of conformity with regulations, in addition to the legislation pertaining to the crypt. With normative juridical research, this article argues that those authorized to grant permits for the use of basements in an area are public officials, rather than the laws and regulations. The results of the study indicate that the mechanism of licensing the use of basements has been in accordance with the laws, as are the regulations through the regional authority to implement the regional autonomy.
Keywords: Underground, Power of Local Government, Permission