1,720,968 research outputs found
PENAWARAN PEMBAYARAN TUNAI DAN PENITIPAN UANG DALAM PERSELISIHAN HUBUNGAN INDUSTRIAL
No full textAs a law state, Indonesia has consequences, that all problems should be
regulated by the law, both criminal and civil aspects, as well as on dispute issues
of industrial Business. Offering of cash payments and custody of money (de
aanbod van Gerede betaling gevolgd door CONSIGNATIE) are the final stage of
the judicial process that uses industrial Business throughout the civil law since it
has been not regulated in Act No. 2 of 2004 on the Settlement of Industrial
Business. In this case, the author has completed successfully the research
components for the final project in the Advocate office of Arqom, Dony & Co.,
who lifted the research title: Offering of Cash Payments and Custody of Payment
Money for Disputes of Industrial Business.
This study was conducted using data from library research, legislation in
force relating to the settlement of industrial Business and the practice of fieldwork
which is conducted in the Advocate office of Arqom, Dony & Co. During the
field work practices, the author helps to do offer cash payment application and
custody of money in the Industrial Business Court of Yogyakarta. In such a case
occurred due to the plaintiff did not heed the court decision which has a fixed
decision (in kracht van gewijsde) to receive a cash payment from the defendant.
Offering of cash payment and custody of money from the defendant to carry court
decision which has a fixed decision. After the bidding process of cash payments
and custody of money are completed then the defendant is free from existing
obligation under the cassation decision No. 225K/Pdt.Sus/2011 which is
reinforced by the decision of a judicial review No. 23PK/Pdt.Sus/2012
UPAYA HUKUM KASASI DALAM PERKARA PERJANJIAN JUAL BELI BANGUNAN PROYEK PERTOKOAN DESA GANJURAN INDAH KABUPATEN BANTUL
No full textImplementation of the Job Training Authors choose where the Job Training in
Lasdin Wlas, SH & Associates because Lasdin Wlas Advocate is one of the 3
Diploma Lecturer in Law, University of Gadjah Mada. Additionally Advocate
Lasdin Wlas, SH is included senior advocate who has a lot of experience in the
profession of advocate began in 1964, so I will get a lot of knowledge and
experience which can be given. The author disputes the sale and purchase of the
building project shopping complex in Ganjuran Indah Village as final work
because the case through the legal process to the Mahkamah Agung so that the
writer is interested to analyze the appeal process in Mahkamah Agung. Requests
for an appeal must meet the requirements of filing an appeal and cassation made
about the reasons for not filing the appeal that the appeal was rejected. Cassation
aims to correct or annul the decision of the District Court and High Court (Judec
factie) but on appeal do not sit on the re-examination of his case therefore checks
the level of appeal is not considered as a third-level examination
Analisis Terhadap Putusan Atas Perkara Tindak Pidana Militer Kasus Penggelapan Barang Bukti oleh Penyelidik Kepolisian Nomor Putusan : PUT/28-K-PM II-11/POL/V/2005 Di Pengadilan Militer II-11 Yogyakarta Tertanggal 26 Mei 2005
No full textIn Field Work Practice Implementation authors deliberately chose a place Practice Job in Lasdin Wlas , SH & Associates is located at Jalan Prof . John Herman , East Sagan , No. 43 , because Lasdin Wlas Advocate isA one of the 3 Diploma Lecturer in Law, University of Gadjah Mada , so that he can better understand the concept and type of work to be done in the Practice Field Work carried out by the author . Additionally Advocate Lasdin Wlas , S.H is included senior advocate who has been in the profession of advocate began in 1964 , so I think it would be a lot of knowledge and experience which can be given to His students .
In this final project embezzlement case raised by the evidence of police investigation , according to the authors of this case because it is very closely related to the murder of journalist pithy named Udin , which has not been revealed until now .
In this thesis the author will discuss the analysis of the authors of the decision on the case of embezzlement of evidence by the investigators , which includes a description of the judicial history of the Indonesian military began before independence until now , an explanation of the court's decision , the case chronology evidence of fraud by police investigators , as well as the author of the decision of the case analysis , the analysis of the trial , as well as the current condition of the case
PERLINDUNGAN HUKUM TERHADAP TUNAGRAHITA SEBAGAI KORBAN TINDAK KEKERASAN SEKSUAL DALAM PROSES PERADILAN PIDANA
No full textMental Retardation used for those who have the intellectual abilities under the
average of the limited ability of intelligence and lack of conversation in social
interaction that resulted in a lot of mental retardation become victims of sexual
violence due to mental weakness suffered by mental retardation. Besides mental
retardation also be a victim when their experience of sexual violence must be
processed in the criminal system.
This research use empirical normative method with the primary and secondary
data. The primary data collected by using direct observation and interviews with
sources. The secondary data obtained through a literature study.
The results showed that the effort given by law enforcement officials to
mental retardation the victims of sexual violence have not been able to provide
adequate protection for mental retardation as vulnerable groups before the law. In
addition, protective efforts that undertaken by law enforcement agencies are by
constraints such as lack of human resources who have the perspective of victims,
especially for mental retardation, making the country is very necessary to
immediately revise law No 4 Tahun 1997 on Person with Disabilities in accordance
with the Convention The Rights of Persons with Disabilities which has been signed
by the Government of Indonesia as a form of Humanitarian protection for the fate of
person with disabilities
PERLINDUNGAN HUKUM TERHADAP SAKSI PENGUNGKAP FAKTA (WISHTLE BLOWER) DALAM PERKARA TINDAK PIDANA KORUPSI
No full textThe purpose of this study is to find relevant answers of two questions about the Witness Protection Law Against Facts discloser (Wishtle Blower) In Case of Corruption Act: First, how the form of legal protection of witnesses expressing the facts in the case of corruption according to positive law? Second, how should the law on witness protection arrangements in expressing the facts of corruption crimes in the future? The method used in this study is normative and legal research methods supported by the methods of empirical legal research. The location is used as a research site is the Witness and Victims Protection Agency in Jakarta, the Corruption Eradication Commission in Jakarta, Provincial Police Special Region of Yogyakarta, Yogyakarta Legal Aid Institute, Yogyakarta State Attorney and the Centre for Human Rights Islamic University of Indonesia in Yogyakarta. Based on the results data analysis of these studies it can be concluded: First, in the positive force law in Indonesia, there are not regulations that specifically cover protection of witnesses facts discloser(whistle blower), but still a general nature that is the protection of witnesses and victims. Form of witness protection in Law No. 13 of 2006 on
Protection of Witnesses and Victims are the protection of personal security, family and property and freedom from threats associated with the testimony has been granted, participate in the process of selecting and determining the shape protection and security support, provide information without pressure, obtain an interpreter, free of the questions that ensnare, obtain information on the development of the case, obtain information regarding a court decision, notified when prisoners were released, get a new identity, get a new residence, reimbursement of transportation costs, get legal adviser, and obtain assistance while living expenses to the extent of protection expires. Second, the absence of regulations specifically governing the protection of witnesses facts discloser(whistle blower) and the fact about the fate of the complainant because
of the threat of either physical or psychological as well as efforts to criminalize witnesses and victims or their families, making people afraid to give testimony to law enforcement. Nonetheless, not required special legislation governing whistle-blowers, but to revise Law No.. 13 in 2006 to more accurately discuss the protection of whistle blowers so that no collisions occur due to the issuance of regulations that the new legisla
PENYALAHGUNAAN HAK INGKAR NOTARIS DALAM PENYIDIKAN PERKARA PIDANA
No full textThe existence of Notaries is closely related to public trust. Given the trust
awarded, a notary is obliged to keep secrecy on the everything related to the
contents of the deed that he or she makes and all information related that to the
deeds, which he or she obtains. Much attention have been given to notaries due to
various criminal cases involving notaries. Abuses on authority and obligation
which the notaries perform need legal consequences. Therefore, it is necessary to
identify the types of abuses which the notaries performed in terms of the notary�s
right of refusal and its preventions.
Based on the aforementioned, problem investigated in this research
involve: What are the types of abuses related the notary�s right of refusal in crime
investigation and what actions that the investigators carry out on such abuses.
Normative and empirical juridical method and specification used in this research
was normative descriptive study.
Based on the result, it is concluded that when notaries are called by the
police investigators, the notaries will not answer investigator�s questions that has
already been stated in the deeds. In addition, the notaries may not fulfill police
investigator� call due to unvailibility of the decision from Majelis Pengawas
Daerah (Local Supervisory Board)
PENERAPAN HUKUM PIDANA TERHADAP NOTARIS DALAM TINDAK PIDANA PEMALSUAN AKTA
No full textIn order to do their position as public official obtaining authority by state
to make authentic deed, notary in doing their work should meet job and
responsibility as stipulated in Law on notary and Notary code of conduct. Not few
notary in doing their task and position get criminal sanction in relation to deed
they made. This research emphasized base of judge consideration against notary
in deed falsification criminal action, where there is possibility of privilege conduct
for notary in examination process in court.
It is normative empirical research that study law principles related to
notary responsibility in criminal action of deed falsification and supported with
field data to obtain primary data. Data collected was analyzed with qualitative
method.
The result on consideration of judge decision given to notary that is proved
doing deed falsification in district court decision number 48/Pid.B/2003/PN YK is
being formally and materially proved by hearing and seeing explanation from the
accused, witnesses and proof presented. Based on the judge decision in appeal
level to reexamination level, decision made in first level have agreed with existing
law and sanction given is fair according to guiltiness of the accused. Therefore,
there is not disparity between appeal decision and reexamination decision. Legal
implication of notary that is proved doing criminal action of deed falsification
depend on deed he made, so notary cannot be sued with criminal law
ASPEK HUKUM PIDANA DALAM PEMBUATAN AKTA NOTARIS
No full textThis research is aimed at finding out the assault that has causing crime related
to Notary position and Notary, MPD, INI effort in Notary not commiting assault
that has in causing crime.
This research is applying method of juridical empirical approach. Data and
information are collected from library research and field research, to analyze data
of the research result ids done in descriptive qualitative. Based on the research, it
is conclude that assault that has in causing crime related to notary position is
whenever the notary is breaking formal provison in making official documents,
and the notary misappropriating the consumer�s trust that entrusting obligation
bond or a sum of money by peculating them and the notary is exposing secret by
giving explanation/statement that has to be sealed in secrecy.
The crime related to notary position is in criminal code article 263, article
264, article 266, articl2 322. Performing his obligation appropriate with UUJN
and Notary Rules, professionalism, precision, carefull, having integrity and that is
to say no to client that asking official document if is not suitable with valid rules,
although he is promised to get high compensation or because he has relationship
such as brotherhood or friendship between the notary and his client besides in the
notary himself, INI organizational and board of controller of the Notary has
important role in controlling and investigating the Notary in commiting his duty
regularly so that the Notary is able to work properly and giving developmental
effort to the Notary so that he does not commiting deed that is condescended his
position.
Key words: Law, Crime, Notar
KEBIJAKAN LEGISLATIF MENGENAI PERLINDUNGAN HUKUM TERHADAP SAKSI PENGUNGKAP FAKTA (WHISTLEBLOWER) DALAM PERKARA PIDANA DI INDONESIA
No full textThis study aims to: (1) To know the weaknesses of regulation on the
legal protection of witnesses revealer of facts (whistleblower) in criminal cases in
Indonesia. (2) to determine the prospect of regulation against on fact witnesses of
whistleblower in a criminal case in Indonesia in the future.
This research using normative methods, which begins at an event next
law will find reference to a system of norms. Normative research, such as:
Documents research, positive law or library research that is secondary data. The
existence of the intensity of closeness and relevance of the basis for determining
any legal material, such as primary legal materials, legal materials secondary and
tertiary legal materials.
The result showed, that the protection of fact witness (whistleblower) in
Indonesia has not fully running maximum. This is evidenced by the many
counter-attack against fact whistleblower witnesses both physically and
psychologically. The psychic usually fact witnesses (whistleblower) reported back
with charges of defamation, or dismissed from office associated with the report in
an institution. Meanwhile, a physical threat to the form of ill-treatment can even
lead to other physical violence. Its main drawback is that in Act. 13 of 2006
Protection of Witnesses and Victims contra legem of Article 10 paragraph (1) and
Article 10 paragraph (2) so as not effective in its execution
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