bluuebunny/crossref_metadata_2025 huggingface dataset:
KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN
Authors: Fernando Josua , Nugroho Susanti Adi
Published: June 2020

AbstractThe Court Ruling claim that a debt discharge a bankruptcy inflict a debtor will loose his right to dominate the wealth which include the bankruptcy property. The whole riches of a debt who’s discharge bankruptcy, automatically will be placed to the general confiscation. The general confiscation of the debt property has intend to protect the interest of the creditor of all the deeds of the debt which can disserve the property of a bankruptcy and stop the execution of the debt property with all the creditors to get the debt repayment. The general confiscation itself is a form of confiscation which known in civil law regime especially bankruptcy in legal perspective as a private law.  Confiscation in a criminal case aim to prove criminal act. Article 38 of a Criminal Code Procedure regulate that the investigator can undertake the property of confiscation that placed in the general confiscation. However, Article 46 of a Bankruptcy and Suspension Of Obligation For payment Of  Debt regulate that all confiscation become vanished when the property has  confiscated in the general confiscation. When this two confiscation situated in the property, The confiscation in criminal case will precede the general confiscation. That matter is because of the confiscation in a criminal case is part of public law that aimed to protect our public interest.
PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS HAK UPAH MINIMUM YANG BELUM SEPENUHNYA DIBAYAR (STUDI TERHADAP PUTUSAN NOMOR 58/K/PDT.SUS-PHI/2015)
Authors: Khairani Safira , Yurikosari Andari
Published: June 2020

Work and fair and proper remuniration are human rights of every person as stipulated on Article 28 D (2) The 1945 Constitution of The Republic Indonesia. Indonesia Law Number 13 Of 2003 regulates the rights and duties among entrepeneur and workers. Wage shall be received by worker/labourer as remuniration from entrepeneur. Labour Law provides the protection to wage as worker/labour’s right, stipulating that Government establishes a wage policy that protects the rights of worker/labourer such as Minimum Wage in order to fulfill every worker/labourer’s right to earn an income that meets livelihood that is decent for human. Labour Law also stipulates the wage will not be paid if worker/labourer do not perform work unless the worker/labourer has the will to do the job as promised but the entrepeneur does not employ them. The main issue in this research is the workers/labourers of PT. Srirejeki Perdana Steel claimed that they did not received full wage on November 2013 causing the amount of some of their wages lower than the amount of Minimum Wage set under valid statutory legislation. PT. Srirejeki Perdana Steel, postulated the reduction of the wage happened due to an illegal strike performed by the workers/labourers. The verdict on Industrial Relation Dispute Settlement of Bandung District Court and Indonesia Supreme Court did not grant the workers/labourers demand to get the fulfillment of their reducted wage. This research aims to acknowledge whether the protection towards workers/labors’s wage as verdicted by court followed the ruling as stipulated in Labourer Law.
PELAKSANAAN UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL TERHADAP PENDAFTARAN SERTIFIKAT HALAL PADA PRODUK MAKANAN
Authors: Hosanna Melissa Aulia , Nugroho Susanti Adi
Published: June 2020

Food is one of the most necessary needs of humans to survive so that everyone is expected to pay more attention to the food products that will be consumed.Indonesia is a country with a predominantly Muslim population. In the teachings of Islam there are orders to consume halal food and prohibition to consume illegitimate food. Halal product is a product that qualifies halal according to Islamic syariat from its substance, its process and its storage and presentation. This study aims to determine the implementation of law number 33 of 2014 on the guarantee of halal products on the registration of halal certificates on food products and what are the constraints faced in registering halal certificates.The guarantee of consumer protection against the circulation of halal labeled food products is already guaranteed according to the prevailing laws and regulations and the products labeled official halal have provided legal certainty to the halal nature of the product itself which can be seen from the authority given by the government to MUI and BPJPH.
ANALISIS TERHADAP PENETAPAN PENGADILAN AGAMA JAKARTA BARAT NO. 28/PDT.P/2017/PA.JB DALAM PENETAPAN DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM (STUDI KASUS PERKAWINAN ANAK ANTARA MUHAMAD LUKMAN DAN LINA YULIANTI)
Authors: Faustina Sabrina Agatha , . Mulati
Published: June 2020

The aim of a marriage according to the Law Number 1 year 1974 is an effort to build a happy and everlasting family based upon the Divinity of Almighty God. The law Number 1 year 1974 contains a principle which explains that both candidates for husband and wife should have already mature in physical and biological, in order to have a good and everlasting marriage without end up in divorce and to obtain a good and healthy offspring thereof. Paragraph 7 Article 1 of the law Number 1 year 1974 stipulated that a man had a right to get marriage if he has been 19 year old and for woman if she has been 16 year old. Even though this time limit of the age herein had been stipulated briefly and clearly, but in the fact it happen frequently that there are still many underage marriage to take place. The court could give a permit to get married and a marriage age dispensation herein through a court decision if he/she had fulfilled a prerequisite procedure and requirement as well. In this point, judge is the main determinant in giving the dispensations.
PENERAPAN ASAS LEX POSTERIORI DEROGAT LEGI PRIORI TERHADAP ANAK KORBAN PENCABULAN (STUDI KASUS PENGADILAN NEGERI JAKARTA UTARA NOMOR 195/Pid.Sus/2015/PN.Jkt.Utr)
Authors: . Wendi , Wijaya Firman
Published: June 2020

Abuses against Children are included in Extraordinary Crimes and often occue mainly to minors. This is due to the lack of government in acting on the case. In this case, it occurred in a 3 years old boy who is abused by his own teacher.  Precisely happened on April 29, 2014 at Saint Monica Sunter during the dance extracurricular activity. The victim’s mother found out about it when the victim complained of pain in the part of his penis after the victim was abused. At that moment the victim’s mother reported the incident of abuse to the authorities. It was then estabilished that the defendant was guilty of fulfilling the elements of an offense against the victim. So the defendant must be held in the prison until the court process is decided. In the indictment given by the public Prosecutor charged with using Article 82 of Law Number 23 year 2002 on Child Protection. However, the Prosecutors should be using the updated Law which is Article 82 of Law Number 35 year 2014 on the protection of new Children in the Prosecution. This proves that the Prosecutor is less careful in preparing the indictment given so as to cause legal irregularities that should in decideng the case reflects the legal objectives of Justice, certainty and expediency. Where as in legislation known as the principle of lex posteriori derogat legi priori that should be in the case of obscenity this principle is enforced. Because in the  new Child protection Law more confirms the perpetrator of abuse if it is proven to commit abuse then the punishment is heavier that the old Law, and more to give special protection guarantee to the victim of abuse so that its rights will not be violated.
ANALISIS PUTUSAN PIDANA BERSYARAT DALAM KASUS PENGANIAYAAN ANAK DI BAWAH UMUR (STUDI PUTUSAN NOMOR 2298/PID.SUS/2012/PN.TNG)
Authors: . Legita , Rahmawati Mety
Published: June 2020

Criminal penalty is a criminal under certain conditions. Conditional criminal provisions are regulated in Article 14a-f of the Criminal Code. The case of persecution of the case Number 2298 / Pid.Sus / 2012 / Pn.Tng, the judge ruled the conditional penalty against the perpetrator, then the problem in this research is: How qualification can be terminated as a conditional in case of maltreatment in the case Number 2298 / PID.SUS / 2012 /PN.TNG? What is the legal protection of the victim? Method used by normative juridical with supported by interview. There is no special qualification for the perpetrators of such crimes that should be condemned. The judge may decide on a conditional penalty based only on Article 14 a-f of the Criminal Code. In this case the judge's decision has fulfilled the criteria for the stipulation of a conditional penalty because the sentence does not exceed 1 (one) year. The form of legal protection for children victims of the crime of torture of their legal instruments has been regulated in several laws and regulations namely Article 14c of the Criminal Code and Article 71D of Law Number 35 Year 2014 on Child Protection jo Government Regulation Number 43 Year 2017, that every child who becomes victims of criminal offenses are entitled to restitution or indemnification. Although legal instruments provide opportunities for victims to claim compensation to the perpetrator, this opportunity is not used. The victim only requires the perpetrator to be severely punished, thus ignoring the compensation claim.
PERLINDUNGAN KONSUMEN DALAM PENERAPAN BATAS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN MENYELESAIKAN PERKARA KONSUMEN (Studi Putusan No 481 K/Pdt.Sus-BPSK/2015)
Authors: Tifany Takenia , Anggraini Anna Maria Tri
Published: June 2020

Consumer Protection Law regulates the legal protection of consumer and including Consumer Dispute Completion Firm who autorhized to resolve consumer disputes who feel harmed over the acts of business from people that sometimes arbitrary, but decisions taken by Consumer Dispute Completion Firm often incriminate business actors, and usually seem to exceed the limit of their authority even wrong in applying the law. Consumer Dispute Completion Firm’s authority to adjudicate and decide a dispute is induced by Supreme Court’s decision which makes Consumer Dispute Completion Firm’s authority to limited. Therefore, the writer proposed an issue about how are the limits of Consumer Dispute Completion Firm’s authority in adjudicate and decide a consumer disputes? And how are the implementation and Supreme Court’s views regarding the limitation of Consumer Dispute Completion Firm’s authority? The writer examines the problem using normative legal research methods that use secondary data. From the results of the research, it can be concluded that the limits of Consumer Dispute Completion Firm authority in solving consumer disputes are limited to the agreement between both parties. In sense the Supreme Court believes that all transactions based on an agreement become the jurisdiction of the court
TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN PEJABAT DIPLOMATIK MENURUT KONVENSI WINA 1961 (CONTOH KASUS PENYERANGAN DUTA BESAR RUSIA DI TURKI)
Authors: Yogy Yonathan , Kurnia Ida
Published: June 2020

The establishment of diplomatic relations aims to strengthen a relationships between state. The establishment of diplomatic relations is based on mutual consent between two states. After consent has been reached, each  state can dispatch members of the mission .The function of a member of the missions is to represent the sending state, to protect the interests of the sending state and its nationals, to negotiate, Ascertaining by all lawful means conditions and developments in the receiving State, and to  promote friendly relations between the sending country and the receiving country. The Vienna Convention 1961 on diplomatic relations provides immunity and privilege to members of the missions in carrying out diplomatic functions . Such immunity and privilege are granted not for personal gain, it is provided to facilitate members of the missions in performing diplomatic functions. One of the forms of immunity is Inviolability. Inviolability of members of the missions is regulated by Article 29 of Vienna Convention 1961. Article 29 stated  that the receiving state shall take appropriate measures to prevent any attack on members of the missions. But if the receiving state fails to protect the members of the missions, is there any legal consequence and  state’s responsibility ?. The author is interested to raise the issue into a thesis.
PERLINDUNGAN HUKUM BAGI TENAGA KERJA ASING TERHADAP PELANGGARAN PERJANJIAN KERJA WAKTU TERTENTU (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR: 274/PDT.SUS-PHI/2015.PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR: 697 K/PDT.SUS-PHI/2016)
Authors: Halim Cecilia Puspa , Yurikosari Andari
Published: June 2020

Law Number 13 of 2013 on Manpower has clearly regulate about work relationship between a foreign labor and Employers of Foreign Labor is only for fixed time employment relations which is based on a Fixed Term of Labor Contract. Article 57 of the Manpower Law stated that a Fixed Term of Labor Contract must be made in writing and must be written in the Indonesian language with Latin alphabets, if not, the agreement shall be reg  arde d as a Working Agreement Uncertain Time. A Fixed Term of Labor Contract shall be made based on specified time stated in the work agreement. The author was purposed to find out about how violation of Fixed Term of Labor Contract for Foreign Labor according to Manpower Law, case example: verdict of settlement of industrial relation court number 274/Pdt.Sus-PHI/2015.PN.JKT.PST Juncto Verdict of supreme court number 697K/Pdt.Sus-PHI/2016 and about legal protection of Foreign Labor who do not have the Fixed Term of Labor Contract in accordance with the Law Number 13 of 2003 on Manpower. The author research this problem using nomative researching method supported by interview data of experts. The author analysis that violations of Fixed Term of Labor Contract done by PT Wira Pamungkas Pariwara againts Lau Chak Loong are the Fixed Term of Labor Contract was made and sign in foreign language and didn't contain fixed time agreement caused ambiguous foreign labor status to claim his rights.
TANGGUNG JAWAB PEMILIK KAPAL DALAM PERJANJIAN CARTER KAPAL BERDASARKAN WAKTU DI PT BUANA JAYA PRATAMA (STUDI KASUS PUTUSAN PENGADILAN TINGGI NOMOR: 745/PDT/2016/PT.DKI.)
Authors: Jusup Kenny , Tanawijaya Hanafi
Published: June 2020

Any activity undertaken by a person in order to fulfill his or her life needs will surely relate and use the treaty law. However, both in the manufacture and implementation of the agreement, did not rule out other human possibilities. therefore, a legal norm is required so that in the process of interpersonal life there is peace and order. The interesting problem to be raised in this thesis is about the misconduct done by PT Haluan Segara Line to PT Buana Jaya pratama. In such cases, there is a contractual relationship between PT Buana Jaya Pratama and PT Haluan Segara Line during the charter lease charter agreement there is a rule to comply with all rules contained in the agreement. So that where the time of the agreement has expired, PT Haluan Segara Line does not want to pay the vessel on the ground that PT Haluan Segara Line does not make an agreement on the lease of the vessel, there was an act of default.
PENJATUHAN SANKSI PIDANA TERHADAP PENYEBARAN KONTEN VIDEO PORNO MENGENAI PENCABULAN ANAK DI BAWAH UMUR MELALUI CYBER / DUNIA MAYA
Authors: Maulana Lalu Abi Yu'lla , Rahmawati Mety
Published: June 2020

The unlimited use of Information Technology (IT), has made cybercrime accessible by both adults and minors. Technology can be very useful for daily needs, yet on the other hand, it also can be abused by certain parties including minors (underaged children). The purpose of this study is to examine law enforcement of cybercrime in Indonesia as well as forms of cybercrime that are able to be performed by underaged children. The method  used by the author for this journal is normative legal research method. In this case of cybercrime committed by children under age, law enforcement should involves competent authorities such as psychologists, social supervisor, or other experts so no one makes wrong or bad decision for the children. After the  proccess, parents of children that involved, should be required to closely supervise their children usage of IT.
BAGAIMANAKAH PERAN SERIKAT PEKERJA DALAM PENENTUAN UPAH SETELAH BERLAKUNYA PERATURAN PEMERINTAH NO. 78 TAHUN 2015 TENTANG PENGUPAHAN
Authors: . Wawan , Yurikosari Andari
Published: June 2020

Law no. 13 of 2003 on Manpower clearly regulates the determination of district minimum wage set by the Governor by taking into account the recommendations of the Wage Council, the Wage Council conducts a market survey to establish the standard of living needs of a person. The Manpower Act states that in the process of establishing a minimum wage the need for negotiations between the wage council, trade unions and employers' organizations. While the Governor looks for the middle line to set the minimum wage. After the issuance of Government Regulation no. 78 Year 2015 on Wages, minimum wage determination is no longer through negotiation, but through minimum wage calculation formula that is with the minimum wage of the current year, inflation and gross domestic income. The author intends to find out about the role of unions after the issuance of Government Regulation no. 78 of 2015 on remuneration, and determination of minimum wage. The author examines this issue using nomative research methods supported by expert interview data. The author analyzes that after the issuance of the Government Regulation on Remuneration of unions has ceased to function in the protection of workers' welfare.
Analisis faktor kesalahan sebagai unsur dolus dalam tindak pidana merampas nyawa milik orang lain dalam perkara no 328/PID/2017/PT.DKI
Authors: Iritanto Koko Joseph , Tawang Dian Andriawan Daeng
Published: June 2020

Koko Joseph irianto, (205130115), Faculty of Law at Tarumanagara University, with the title of the thesis "Analysis of the error factor as an element of dolus in a crime to take the life of another person in a case NO: 328 / PID / 2017 / PT.DKI ". Under the guidance of Mr. DR.DIAN ADRIAWAN, S.H, M.H. This study aims to analyze the legal arrangements regarding criminal acts of premeditated murder by a group of people in Decision Number: no: 328 / PID / 2017 / PT.DKI. This research was carried out in the city of Jakarta by selecting agencies related to this case namely in the Jakarta High Court. Data collection method used is documentation study method then the data obtained is analyzed descriptively qualitative so as to reveal the expected results and conclusions on the problem. The results of this study indicate that 1) Legal arrangements for criminal acts of murder have been regulated in general in the Criminal Code (KUHP). And the murder plans to be in article 340 of the Criminal Code 2) The application of the material criminal law to the perpetrator of the Murder criminal act is appropriate, as regulated and threatened with criminality in Article 340 of the Criminal Code. Judicial legal considerations in imposing death penalty on 2 and 1 prisoners for life of the defendants from 4 perpetrators who are still alive is correct. The conviction of the defendant was considered to have fulfilled a sense of justice for all parties.
Analisis Pembuktian Alat Bukti Closed Circuit Television (CCTV) Sebagai Alat Bukti Petunjuk
Authors: Abraham William , Firmansyah Hery
Published: June 2020

Process of proofing is one of the most important in the trial. In the process of proofing, someone could be determined as defendant or not by relating the facts that happened with the available evidence in the trial. Process of proofing refers to Criminal Code Procedure Article 183 which about need minimum of 2 (two) valid evidence and to get Judge’s conviction and also refers to Criminal Code Procedure Article 184 which about valid evidence that can use in the trial. Along with the current development that continuously evolving, there is evidences outside of Criminal Code Procedure. Closed Circuit Television is one of many evidences that arranged in Law of Republic Indonesia Number 11 of 2008 concerning Information and Electronic Transaction. Now, Closed Circuit Television often used in trial to give more explanation about unclear facts to make it clear. But, to use Closed Circuit Television as evidence, it needs related to Criminal Code Procedure Article 188. To be able used as valid evidence Closed Circuit Television need to has correlation between facts in the trial and Closed Circuit Television itself
ANALISIS PENERAPAN TEORI OBJEKTIVITAS DALAM ASURANASI KAPAL ANTARA PT. BRINGIN SEJAHTERA ARTAMAKMUR DAN PT. DJAKARTA LLOYD (STUDI PUTUSAN NO.423/PDT.G/2011/ PN.JKT.PST.)
Authors: Nugroho Gibran Budi , Atalim Stanislaus
Published: June 2020

In the insurance agreement, of course, there is an insurance object where the insurance object must be notified in detail by the insured to the insurer if it will not be threatened by the cancellation of the agreement. This is supported by one of the theories developed in insurance business, namely the theory of objectivity supported by article 251 KUHD This research is a study of the application of the theory of objectivity to Decree Number 423 / Pdt.G / 2011 / PN.Jkt.Pst because of the claim from PT. Djakarta Lloyd from the insurance object in the form of MV Jatiwangi PB 400 vessel that has been insured to PT Asuransi Bringin Sejahtra Artamakmur (PT BSAM), but the insurance company rejects the claim on the grounds that the ship was damaged at the time of signing the insurance policy. So that the problem arises how to apply the theory of objectivity to the rejection of insurance claims made by (PT BSAM)? is the application of the theory of objectivity in Indonesian insurance law correct? The research method used is a normative juridical research method. Data from the study shows that based on Article 251 KUHD and the theory of objectivity is a description of the honesty of insurance participants with the threat of cancellation of insurance if the insured party is proven not to have good intentions. Based on the definition of objectivity theory and Article 251 KUHD the author wants to discuss how it applies to ship insurance
PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal)
Authors: Tjhin Andri , Rahmawati Mety
Published: June 2020

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.
ANALISIS PELANGGARAN PERJANJIAN KERJA WAKTU TERTENTU PADA TENAGA KERJA ASING TERHADAP UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN DALAM PUTUSAN MAHKAMAH AGUNG TINGKAT KASASI NOMOR: 286/K/Pdt.Sus-PHI/2013
Authors: Sumito Gladys Virginia , Yurikosari Andari
Published: June 2020

Law number 13 of 2003 concerning employment along with the implementation and not only regulating the use of Indonesian workersarrangements not only regulating the use of Indonesian not not only regulating the use of Indonesian workers, but also regulates the use of foreign workers.  as stipulated in articles 42 to article 49 of law 13 of 2003 concerning employment. The working relationship between employers or employers and TKA is based on PKWT and for the sake of law it cannot become PKWTT, but in practice there are still many employers or employers who often misuse TKA to work in Indonesia continuously, so the main goal is to hire TKA which is basically the transfer of knowledge and technology cannot be carried out properly. And the main principle of hiring TKA is that it can only be employed in Indonesia in employment relations for certain positions and a certain time is not reached. Unfortunately, until now there have been no sanctions that can burden the employers or employers if they violate the PKWT so that the deviations from the provisions governing the use of foreign workers to date are still prevalent in Indonesia.
KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENGADILI PERKARA PERSELISIHAN HASIL PEMILIHAN KEPALA DAERAH (SUATU KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-XI/2013 JO. PUTUSAN MAHKAMAH KONSTITUSI NOMOR 072-073/PUU-II/2004)
Authors: Salim Hardy , Memi Cut
Published: June 2020

Acccording to the Arrticle 24C paragaaph (1) the Constttution of thr Republic of Indonesia of 1945, the Constitutional Court of thr Republic of Indonesia have thr power to decide upon disputes over the results of general election. The general election referred to here is elections to elect members of the legislature, regional representative councils, regional legislatures, president amd vice president. Both of thr provisions have been limitative, so there will no be any other elections that included. However, in its development, the Constittutional Court of the Republc of Indonesia is given the power to decide upon disputes ovrr the results of regional hed elections with a legal basis of the Constittutional Court Ruling Number 072-073/PUU-II/2004. However, a litle later the Constttution Court of the Republic of Indonesia issued a Consttttuional Court Ruling Number 97/PUU-XI/2013 which said tht the Constitusional Court of the Republic of Indonesia can’t have the power to decide upon disputes over the resuls of regional hed elections. This reaises problems regarding whether regional head elections are included in thr general election regime? And whether the Constitutional Court of the Republic Indonesia has thr authorty to decide upon disputes over the results of regional hed elections? Thr Author examined the issue by normative method. The results of thr resrarch show tht thr regional hesd elections is not a part of the general electiins regime and the Constututional Corrt of the Republic Indonesia can’t have thr power to decide upon disputes ovrr thr resulls of the regional hesd elections.
TANGGUNG JAWAB CAMAT SEBAGAI PPAT SEMENTARA DALAM HAL MENANDATANGANI AKTA JUAL BELI (CONTOH KASUS NOMOR PUTUSAN 44/PDT.G/2014/PN KWG)
Authors: Tampubolon Napoleon , Djajaputra Gunawan
Published: June 2020

The research on the Subdistrict Head's responsibilities as PPAT Temporary aims to know and understand the problems related to legal responsibility if there is an error in making land certificates by the Subdistrict Head as Temporary PPAT and the role of Subdistrict Head who is appointed as Temporary PPAT in the practice of making land deeds in Cibuaya District karawang. This research is normative legal research, namely this research uses scientific methods and interviews with related parties. The data used are primary data, namely regulatory regulations relating to the Occupational Regulation of the Land Deed Maker Officer and secondary data, namely textbooks relating to the Land Deed Maker Officer. In this study the specifications used are prescriptive in nature which are intended to provide prescriptions based on arguments that have been built in conclusions. Head of Subdistrict as PPAT While from Cibuaya Subdistrict, Karawang regency is still making irregularities towards the preparation, manufacture and registration of the deed. The legal responsibility of the mistake made by the Subdistrict Head as a Temporary PPAT in making the land deed is not in accordance with the existing regulations, namely not subject to penalty sanctions in the form of compensation but a decision of the Article of Action Against the Law is imposed.
PENGARUH EMOSI KEAGAMAAN TERHADAP KEDUDUKAN ANAK ANGKAT PADA MASYARAKAT BADUY MIGRAN (KASUS DESA CISIMEUT LEBAK BANTEN)
Authors: Suryani Ade Lilis , Prianto Yuwono
Published: June 2020

Children are one of the gifts of the Almighty God as a mandate and must be protected, loved and guaranteed for all their needs. The child referred to here is a legitimate child, an extramarital child and adopted child. The position of adopted children in Indonesia is governed by positive law, Islamic law, and customary law. In customary law each indigenous community in various regions has its own character and mechanism. As in Kasud in the village of Cisimeut Lebak, Banten, that is in the indigenous Baduy community. In the results of the study, it was pointed out that local customary law was still more enforced than religious norms. This is evidenced by the discovery of the Baduy migrants from the Baduy tribe due to conversion. While the majority of the beliefs of the Baduy people are Sundanese wiwitan. With the development of the times, technology and community interaction became one of the factors supporting the influence of the religious emotions of the Baduy community.
PERLINDUNGAN HUKUM ATAS GANTI KERUGIAN PT GRAB TAXI INDONESIA TERHADAP KONSUMEN DEWI MARDIANTI TERKAIT HAK ATAS KENYAMANAN BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN
Authors: Waty Tara , Anggraini A.M. Tri
Published: June 2020

Transportasi online menjadi sarana kebanyakan masyarakat di Indonesia saat ini. Dengan kemudahan yang ada dan cara  dan cepat seseorang dapat dengan mudah mengaksesnya. Tidak bisa ditepis bahwa banyak kerugian yang dialami penumpang atau konsumen dan terjadi banyak kasus yang merasa dirugikan akibat moda transportasi online baik dari driver, pelayanan dan belum ada pelindungan dan regulasi khusus dari pemerintah yang mengatur transportasi online ini. Maka dari itu, dari kasus dewi mardianti sebagai konsumen yang dilanggar hak atas kenyamanannya timbul pertanyaan Bagaimana perlindungan hukum atas ganti kerugian PT Grab Taxi Indonesia terhadap konsumen Dewi Mardianti terkait hak atas kenyamanan berdasarkan Undang-Undang Perlindungan Konsumen. Penelitian ini bertujuan untuk menggambarkan dan menganalisis perlindungan hukum atas ganti kerugian PT Grab Taxi Indonesia terhadap konsumen Dewi Mardianti terkait hak atas kenyamanan berdasarkan Undang-Undang Perlindungan Konsumen. Metode yang digunakan penulis adalah metode normatif. Berdasarkan pasal 19 Undang-Undang Perlindungan Konsumen maka pelaku usaha wajib bertanggtung jawab atas kerugian konsumen dan tidak boleh mencantumkan klausula baku untuk pengalihan tanggung jawab sesuai pasal 18. Maka dengan adanya perlawanan ketentuan layanan dan undang-undang, pelaku usaha dalam membuat perjanjian tidak boleh bertentangan dengan undang-undang dan tidak dapat menghindari tanggung jawabnya karena kdudukan driver sebagai mitra adalah setara dengan pelaku usaha yaitu perusahaan grab.
KEABSAHAN PERKAWINAN SEDARAH MASYARAKAT ADAT BATAK TOBA MENURUT HUKUM ADAT
Authors: Pimadona Aktor , Mulati Mulati
Published: June 2020

Marriage is a sacred activity because it relates to the religion and beliefs of each. The Batak Toba community is one of all tribes in Indonesia that adhere to their customs and customs, but lately there has emerged the phenomenon of blood marriages in the Batak Toba indigenous people because they feel like each other without thinking about the sanctions that will be received later. In this study, the issue was raised about how legitimacy of the blood marriage of the Batak Toba indigenous people according to customary law? The author examines the problem using normative methods. The results showed that the marriage of the Batak Toba community was not in accordance with the rules applicable in customary law, because the marriage system of the Batak Toba indigenous people themselves embraced an exogamous marriage system in which the Batak Toba indigenous people could marry the man or woman they liked must be outside the clan or the clan itself. Then in this study there are also ways to preserve the culture of the Batak Toba indigenous people who are increasingly disappearing because of the modern era that exists today.
PERBUATAN PIDANA TERHADAP PENGEDARAN KOSMETIKA YANG TIDAK MEMILIKI IZIN EDAR DAN TIDAK MEMILIKI KEAHLIAN DALAM PRAKTIK KEFARMASIAN MENURUT UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN
Authors: Nugraha Andi , Tawang Dian Adriawan Dg
Published: June 2020

Recent criminal offenses for the circulation of cosmetics without permission are increasingly worrying. Cosmetic products are imported products that are not registered by BPOM, so that cosmetic products are illegal products. Like the criminal act of cosmetics circulation without permission contained in the decision 334 / Pid.Sus / 2015 / PN.Dps. The main problem in this thesis is how the criminal acts against the perpetrators of the crime of cosmetics circulation that do not have marketing authorization and do not have expertise in pharmaceutical practices according to Law No. 36 of 2009 concerning Health. This study uses a type of normative juridical research that is analytically descriptive, using secondary data obtained by library studies and then analyzed qualitatively and uses deductive logic as a way of drawing conclusions. The results showed that the actions of the perpetrators charged in this case were Article 197 in conjunction with Article 106 paragraph (1) of Law No. 36 of 2009 concerning Health, but the judges should have applied Article 198 in conjunction with Article 98 paragraph (2) and (3) considering the perpetrators were not as a person who has the expertise to produce and distribute cosmetics. then the proven element is the element of article 198, namely everyone who does not have the expertise and authority to practice pharmacy as referred to in article 108.
EFEKTIVITAS PERATURAN OTORITAS JASA KEUANGAN NOMOR 9/ POJK.04/2015 TAHUN 2015 TENTANG PEDOMAN TRANSAKSI REPURCHASE AGREEMENT BAGI LEMBAGA JASA KEUANGAN (STUDI KASUS TRANSAKSI REPO SAHAM BENNY TJOKROSAPUTRO TAHUN 2016)
Authors: Wijaya Debora Kezia , Kansil Christine S. T.
Published: June 2020

Effectiveness is a situation that shows how the achievement of something with both time and good result. Effectiveness of government regulation means that the regulators have succeed implementing and applying the regulation in society. The effectiveness of government regulation is also apparent from whether the objective of the regulation is sufficient or not. The Financial Services Authority has made the Repurchase Agreement Transaction Regulation in 2015, which known as Financial Services Authority Regulation Num. 9/POJK.04/2015 Concerning Guideline of Repurchase Agreement Transaction for Financial Services Institution. Repurchase Agreement Transaction hereinafter referred to as Repo Transaction is a contract of selling or buying Securities with a commitment to sell or buy them back at the appointed time and price. The Repo Transaction is one of transaction in Indonesia’s Capital Market. Repo Transactions are essentially type of transactions that can be considered as selling and buying Securities, but actually Repo Transaction is not same as selling and buying Securities in general. Differences between Repo Transaction and selling and buying Securities also seen in the effect of the Repo Transaction itself, each Repo Transaction shall result in a change of ownership of Securities. There had been a dispute in 2016 related to Repo Transaction between Benny Tjokrosaputro and an Investment Bank Goldman Sachs International, in his accusation Benny contends the transaction between Goldman and Platinum committed an illegal action of Repo Transaction, and it’s a tort. It is expected that this regulation can provide protection and legal standing related to Repo Transaction in Indonesia.
ANALISIS PENERAPAN PASAL 245 UU NO. 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU DALAM (STUDI KASUS PUTUSAN NO:03/PDT.SUS-PKPU/2016/PN.NIAGA.JKT.PST.)
Authors: Prawira Henry , Kansil Christine S. T.
Published: June 2020

Bankruptcy has become a common problem in today's business world, under the Bankruptcy and Suspension of Payment Act, in addition to bankruptcy, one can do so through Suspension of Payment. Suspension of Payment is a method of debt-receivable dispute resolution which is supervised by a supervisory and administering judge, whose final legal product is peace or insolvency. Not all Debtors have good intentions, sometimes payments are made after Suspension of Payment's application is registered. According to the Article 245 of Law Number 37 of 2004 on Bankruptcy and Suspension of Payment, all payments made before the Suspension of Payment are not permitted, after the Suspension of Payment application has been applied for and has been registered at the commercial court in the district court. However there is a dualism of understanding of the prohibition, some claim that the payment is permissible, and some claim that the payment is not permitted. Many Debtors use these payments to abort the formal requirements of Suspension of Payment, which is not in accordance with the legal objectives of justice for all parties, because the usual payment is payment to only a portion of creditors, who have smaller debts, which makes other creditors not get legal certainty, and the consequence of that is that PKPU's application must be rejected. The purpose of this study is to find out how to apply Article 245 of Act No. 34 of 2004 as it should, so that it can be adjusted to the purpose of law, namely justice.
ANALISIS PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA PT UNIVERSAL FOOTWEAR UTAMA INDONESIA AKIBAT KEPAILITAN PERUSAHAAN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN NOMOR 12/PDT.SUS-PKPU/2016/PN. NIAGA.JKT.PST)
Authors: Thobie Marchel , Gunadi Ariawan
Published: June 2020

The  case faced in  writing  this scientific paper is how  the legal protection of the workers     of  PT Universal Footwear Utama Indonesia who were declared bankrupt in Decision No.               12/Pdt.Sus-PKPU/2016/PN.Niaga. Jkt Ps t who have not paid salaries for 3 months and severance pay until now in 2018   and   how  the   responsibility  of  the curator for the bankruptcy of PT Universal Footwear Utama  Indonesia  after auctioning off the auction for salaries and severance labor. The research  method  used  in  this  study is  normative  legal  research. The results showed that the legal protection of the workers of PT Universal Footwear Utama Indonesia who were declared bankrupt in Decision  No. 12/Pdt.Sus-PKPU /2016/PN.Niaga/Jkt.Pst  who have not paid salaries for 3 months and severance pay until now in 2018, in principle all wages of arrears of workers (employee salaries) must be paid after the assets  of  the bankrupt Debtor have sold and the  Distribution  list has  been  determined   by  the  Court  on the proposal of the curator.        The responsibility of the curator for the bankruptcy of PT Universal Footwear Utama Indonesia after the bankruptcy of the auction was sold against the salary and severance of employment                 was   based   on   Article 74 of  the Bankruptcy Act.  The task of the curator is to share the proceeds of the sale of bankruptcy to the creditors in the order (their respective ranks
PERLINDUNGAN HUKUM BAGI PEMBELI RUMAH UMUM DARI PERBUATAN WANPRESTASI OLEH DEVELOPER/PENGEMBANG SESUAI DENGAN UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
Authors: Shafira Rani , Saly Jeane Neltje
Published: June 2020

Housing or complex is a collection of houses as part of settlements, both urban and rural, equipped with infrastructure, facilities and public utilities as a result of efforts to fulfill livable houses. Nowadays housing development often happens and developers have begun to promote the building before the building was completed. Then after consumers do PPJB with the developer. But the problem that often arises is that developers have bad intentions with various things to the detriment of consumers. In this case the developer had a bad intention by guaranteeing violet garden consumer ownership certificates to Maybank to obtain a loan of funds which resulted in a loss for consumers. The problem that the author raises how is the responsibility of the developer who defaults on general home buyers according to UUPK? What is the legal protection for general home buyers from defaults carried out by developers according to UUPK? What are the obstacles and efforts of the government in implementing the UUPK against the default problems that the developer has made? The author examines this case with normative research methods. The results of the analysis obtained by the author state that the developer has defaulted on the consumer, the developer cannot be held responsible for his mistakes, the developer has violated his obligations as a business actor and the developer does not fulfill the consumer rights set out in the UUPK. Based on this case, the UUPK should be revised and consumers must be more careful in making home purchases.
PELAKSANAAN PEMBERIAN IZIN USAHA PERTAMBANGAN MINERAL DAN BATU BARA (MINERBA) DI KABUPATEN PANDEGLANG SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH
Authors: Kristin Thelisia , Rasji Rasji
Published: June 2020

Nation Authority are held by Government. That authority divided into several regions in indonesia. That regions devided according to article 18, Chapter (1) UUD 1945, stated that United Nation are devided into several provinces, and each province divided into region and city, which in every provinces, Regency,  and Cities have they own regulation that have been continued arranged at Article 18 Chapter (2) UUD 1945 that stated every appointed government in every provinces, regency, and cities have authority to arranging and managing they own government errand according to autonomy principal and helper task.  This thing have a tight connection with nation purposes to protect, to prosper and to involved in world order. And for that reason act number 32 - 2004 about region goverment are made that stated about more clearly about  goverment power distribution which held by nation.  But about exploitation abundance natural resources, especially in mining sectors, act 4 - 2009 are made to regulate minerals and coal mining operation. In Act 4- 2009 are regulating provinces, Regencies, and cities government jurisdiction to make  warrant for mining operations. But in practices there's often issues come out about jurisdiction between provinces,  regencies, and cities goverment. Which in time,  act 32- 2004 are replaced with act 23 - 2014. The writing of a thesis this will discuss the situation in further information about of execution in the provision of licenses for and the obstacles faced all that is in issuing of the business licenses after the entry into force of the country mines in solidarity act 23 – 2014 that is the newest. Reserach methode that writer used is yuridis normatif which is a descriptive method And writer also use act approaches.
PENERAPAN PEMBERIAN HIBAH BERDASARKAN PASAL 920 KITAB UNDANG-UNDANG HUKUM PERDATA DILIHAT DARI ASAS LEGITIEME PORTIE (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 2954K/PDT/2017)
Authors: Vanessa Vanessa , Atalim Stanislaus
Published: June 2020

The problem that often occurs in the case of grants is that legal grants are often found or grants that are legally flawed or canceled. The event of a grant which was declared legally flawed was also found in the case of the Decision of the Supreme Court of the Republic of Indonesia Number 2954K/Pdt/2017. Article 920 of the Civil Code about reduced, by which the article is not listed in the decision. On this basis, a problem arises namely how the application of grants based on Article 920 of the Civil Code can be seen from the principle of legal inheritance share. In answering these problems, the author uses normative legal research methods. Based on the results of the study, it can be seen that with the cancellation of the grant deed by the court's decision and if the heirs who demanded the cancellation of the grant be accompanied by demanding a legal inheritance share, a reduction must be made. Then the author can conclude that the implementation of Article 920 of the Civil Code important to be carried out by the heirs concerned, because by the judge's decision regarding the distribution according to legal inheritance share, so the Article 920 of the Civil Code automatically applicable. The advice that can be given is better for the community to distribute inheritance and provide grants during their lifetime in a fair and equitable manner to avoid problems regarding the grant being declared null and void.
SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)
Authors: Pratono Andi , Tjempaka Tjempaka
Published: June 2020

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.
TANGGUNG JAWAB NOTARIS ATAS AKTA AUTENTIK YANG DIBUATNYA DENGAN SURAT KUASA YANG CACAT HUKUM SERTA TIDAK DIBACAKANNYA AKTA TERSEBUT (STUDI KASUS PUTUSAN NOMOR 25/PDT.G/2017/PN.CBI)
Authors: Sandro Eric , Tjempaka Tjempaka
Published: June 2020

At this time the need for Notary services is increasing, especially related to legal actions that are Private Law. Legal actions carried out by the parties concerned are usually set forth in an agreement made by the parties themselves and to be more binding on these legal actions the parties usually make an agreement in an authentic deed made by the competent official, the Notary. In exercising his office, a Notary shall also have the obligation to act in a trustworthy, honest, fair, independent, non-partisan manner and to safeguard the interests of the parties involved in a legal action. A Notary when carrying out his position is obligated to make certain that what is written in a notary deed is understood by the parties and the notary deed is written accordance to the parties’s desire. A Notary must always be responsible for any mistakes that was made by the Notary especially if the mistakes caused a material loss to its clients.