Habibillah, Salim HS, Lalu Parman

Abstract:

The purpose of this research is to know the implementation of agricultural land pledge in East Lombok Regency after the enactment of Article 7 of Law No. 56 PRP Year 1960. Using the type of empirical law research, this study examines the prevailing laws in the community. Using the sociological juridical approach and case approach.

The result of the research that the procedure and the implementation of the pledge of agricultural land in East Lombok Regency after the enactment of article 7 of the law no. 56 Prp 1960 has several ways of implementing it, namely by making a deadline and pledge not using the deadline of the mortgage and some make an agreement through the village head and also both parties of pawnshops and mortgage receivers make their own agreements both orally and in writing. Once the requirements are met the agreement is established and approved by the parties and pledge of agricultural land can be implemented. Whereas cases of lawsuits concerning land pledge brought to court are about redemption of the land of pledge from the mortgagee by the landowner or the receiver of the pledge, whereby the mortgage receiver difficulties to obtain his land even though it has been through a familial settlement in advance or through the community leaders either mediate at the Village office. That the problem of pledge won by the landowner is due to having very strong evidence in court, both written evidence of land ownership and having considerable witnesses.

Keywords: legal issues, agricultural land pledge, east lombok district

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Ramang Aulia Mursidi, Aris Munandar, Any Suryani Hamzah

Abstract:

The purpose of this study is to examine and analyze various religions in Indonesia based on Law No. 23 of 2006 and to examine and analyze various religious cases in Indonesia.

The type of research used is normative legal research or also called doctrinal legal research. In this study, the law is often conceptualized as what is written in written rules (law in a book) or law as a benchmark of behaving for a human being deemed appropriate. This research uses several types that are adapted to the context used in this research: invitation approach (approach to law), conceptual approach and case approach.

The results of research related to the image of marriage of different religions viewed from the Law no. 23 of 2006 has been implemented by the mandate of Article 35 letter a along with its explanation by arranging reservations to the District Court. Making legal certainty about the marriage of different religions has not been fully able to annul the benefits of the petitioners. Because with the need to comply with the requirement to file an order to the District Court no and you can ask permission to marry it because there are still figures related to the differences among the religions in Indonesia.

Keywords: different religion, marriage recording

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Moh. Islam Utama, Amiruddin, Kaharudin

Abstract:

The purpose of this study is to know and understand the function of Indonesian Notary Association (INI) in determining the requirements and apprenticeship model for candidates of Notary and to know and understand the regulation of candidate Notary applying internship.

The type of research used by the authors in this study is normative legal research or also called doctrinal research. In the research of this type of law, the law is often conceptualized as what is written in law (law in books) or law is used as a benchmark to behave for human beings who are considered appropriate.  By using the approach of Legislation and Conceptual Approach.

The result of research that the Indonesian Notary Association (INI) as the only organization that accommodates Notary has the function and role in applying the candidate notary apprenticeship. The Indonesian Notaries Association issued a regulation on internships that contained the requirements on the internship and joint apprenticeship model. This is because there are very few regulations on apprenticeship concerning internship, causing uniformity to Notary of apprentice recipient in giving material for Notary candidate to be ready to become a professional Notary. In addition, the contribution of Indonesian Notary Association in determining the appointment of Notary of apprentice recipients. Whereas the regulation regarding the appointment of candidates of Notary is regulated in UUJN, but the more detailed arrangement is contained in the Indonesian Association of Indonesian Notaries Association Regulation No. 06 / PERKUM / INI / 2017 concerning Internships established by the Central Board of Indonesian Notaries Association. The purpose of the issuance of the Rules of Association on apprenticeship is to organize and prepare thoroughly on matters which will be used as guidance on the material and technique of apprenticeship and counseling of code of ethics for Notary candidate, in order to produce a professional Notary, skilled, good personality and morals noble.

Keywords: candidate notary, apprentice, Indonesian Notary Association (INI)

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Rosiah, Zainal Asikin, Muhammad Sood

Abstract:

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This study aims to determine the responsibility of the Notary in the event of making the deed and found the falsity of the contents of the Notary Act according to the Notary Position Law. The theory used is the theory of authority and legal liability theory. This research is normative research. Approach method used is the approach of law, conceptual, and case.

Based on the results of a Notary’s Research cannot be held criminal liability in case of any loss to one of the parties as a result of false documents from one of the parties, since the Notary only records what is submitted by the parties to be poured into the deed. False statements submitted by the parties shall be the responsibility of the parties. In other words, what can be accounted for by Notary is if the fraud or trickery is sourced from Notary itself.

Keywords: criminal disparity, judge verdict responsibility of Notary, forgery

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Farid Maulana, Rodliyah, Any Suryani Hamzah

Abstract:

This study aims to determine and understand the occurrence of Criminal Disparity Judges Decisions in Child Crimes Viewed from the Perspective Protection of the rights of the child and to know and analyze the Criminal Disparity Settings Judge’s Decision in the Case of Children. The research method used is empirical law research method, with approach of Legislation, Conceptual Approach, and Case Approach. The results showed that: First, the occurrence of Criminal Disparity In Judge’s Decisions About Child Cases Viewed From Perspective Protection of the Rights of the Child caused by factors include: (a) Internal factors, i.e. factors Sourced from the judge itself because it is fixated as a person attribute referred to as judicial personnel; (b) External Factors are factors that affect the decision of a judge who comes from outside the judge. Second, the Criminal Disparity Arrangement in Judge’s Decisions on Child Cases has not been regulated in the laws and regulations due to the absence of punishment guidance, especially in the crime of children, but the judges use discretion or their freedom to impose criminal punishment on children.

Keywords: criminal disparity, judge verdict

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Asmayandi, Gatot Dwi Hendro Wibowo, RR. Cahyowati

Abstract:

The relationship between state institutions is based on the principle of check and balances. In the implementation of the authority of state institutions there can be differences in interpretation of the Constitution, so that there is a dispute over the authority of state institutions. If a dispute over the authority of a state institution whose authority is granted by the 1945 Constitution, then there is a judicial institution to solve it, namely the Constitutional Court. But what if the dispute over the authority of state institutions whose authority is not granted by the 1945 Constitution of the Republic of Indonesia, there is a legal vacuum. In the constitutional practice, the dispute over the authority of state institutions whose authorities are not regulated in the 1945 Constitution of the Republic of Indonesia is resolved by the President by bringing together the leaders of the disputed state institutions, such as the case of the KPK and Polri regarding alleged corruption of the SIM Traffic Corps simulator. If it is analyzed that the South Korean Constitutional Court may settle any dispute of state institutions, irrespective of whether or not the state institution is authorized by the Constitution. In the case of resolving the dispute over the authority of state institutions, the South Korean Constitutional Court is different from the Indonesian Constitutional Court. Indonesia’s Constitutional Court in solving the dispute over the authority of state institutions is limited to state institutions whose authorities are granted by the 1945 Constitution of the Republic of Indonesia.

Keywords: dispute authority, state institution, settlement

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Sardi Amin, Galang Asmara, Minollah

Abstract:

One of the new state institutions established during the reform era in Indonesia is the Corruption Eradication Commission (KPK). This institution was formed as part of the agenda of corruption eradication which is one of the most important agenda in improving governance in Indonesia. The position of KPK has several points of vagueness (gray norm), resulting in a debate related to the current condition of the KPK. Among them is the debate over the position of KPK which theoretically does not belong to one of the groups/clusters of State institutions, whether included in the realm of the Executive, Legislative, or Judiciary. The position of the KPK in the Indonesian constitutional structure is more appropriately categorized in the position of the State institution whose source of establishment is based on the Act. This concept is also in line with the classification of independent State institutions in the study of the theory of the new separation of power, in which independent state institutions such as these are equal to the executive, legislative and judicial institutions. The position of KPK is like the existence of the Federal Reserve Board in the United States, as one of the independent State institutions in the United States.

Keywords: corruption eradication commission, position, institution

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Muhammad Riono Ardilles

Abstract:

The granting of land rights is one of the activities of a series of land registration activities, especially in the context of the issuance of a land titling certificate with the status of state land. This means that the application of land rights with the status of state land, the issuance of rights is processed through the granting of rights.

One of the tenure rights that can be controlled by the Regional Government is the Right of Management, whose authority is to design land use and use, to use the land for the purpose of carrying out its duties, and to transfer the Part of Rights of Management to third parties and/or cooperate with third parties. Right of Management is an entrapment of the right of controlling the state whose authority of implementation is partially delegated to the right holder. The management rights as regulated in implementing regulations are explicitly not regulated in the Basic Agrarian Law but the right of management mentioned in the general explanation II item 2 of the Basic Agrarian Law contained the term Manager.

On top of the Right Management, land rights (HGBs), use rights (HGU) and use rights are still practicable, but in practice the HGB is more often placed on the HPL granted to third parties, namely legal entities or an individual, on an agreement between the HPL holder and the third party.

The problem that is taken in this research is how the regulation and legal implication to the giving of building rights over the management rights controlled by Local Government. This type of research is legal juridical normative research. The approach used is statutory approach and conceptual approach.

The results of this study indicate that the legal arrangement of the provision of building rights over the management rights controlled by the local government to the applicant who has met the requirements according to the prevailing laws and regulations and registers the land rights to the Land Agency in its territory marks the birth of the land that has been recorded in a land book and issued a certificate of title to the land to be submitted to the applicant or his proxy.

Legal implications for the granting of rights to buildings over management rights controlled by local governments are the emergence of the fulfillment of the rights and obligations for parties to comply with the agreement as a condition of obtaining rights to buildings over management rights.

Keywords: granting of rights, building use rights, management rights, and local government

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Muhammah Rasyddin, Prof. Dr. Salim HS, Dr. Muhammad Sood

Abstract:

The purpose of this study is to understand and analyze the position of the deed of the land deed making official in the binding of credit guarantee to the banking system. This study is qualified as a normative-empirical legal research that departs from the conflict of norms. The method used is the approach of legislation-invitation, conceptual and sociological. The source of legal material of this research is obtained from primary, secondary and tertiary law materials, with the technique of collecting legal materials by interview and library study, collecting data of analysis result to get information that must be concluded, by analysis of its legal material with qualitative analysis. The results of this study indicate that First: the position of the deed of the official of the land deed (PPAT) in the banking credit guarantee binding, is very important in the process of credit disbursement, because it helps the position of the parties to obtain legal certainty. Second: the responsibility of the land certificate official (PPAT) against the credit guarantee of banking by using SKMHT, if the creditor is disadvantaged if the debtor is defaulted, then most of the responsibility of the land deed is only limited to the official deed for the credit guarantee only.

Keywords: the deed of the land,  authority officer (PPAT), credit guarantee

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I Gde Agustyke Trinawindu, Dr. Hirsanuddin, Dr. Muhammad Sood

Abstract:

The purpose of this thesis research is to analyze the legal strength of the Certificate of Mortgage right related to the Decision of the Religious Courts of Praya Number 0479 / PDT.G/2012/PA.PRA and to analyze the legal remedy of the Bank in handling the settlement of credit as a result of the Decision of the Religious Courts of Praya Number 0479 / PDT.G / 2012 / PA.PRA. The type of research used in this study is normative legal research with field data as supporting data. “Normative legal research is done by researching the literature and also called bibliography legal research” with field data as supporting data, with the approach used in this research are: Statutory Approach, Concept Approach, Approach Analytical (Analytical Approach, Case Approach).

The result of research on the strength of mortgages on behalf of PT. BPR Mitra Harmoni Mataram Number 220/2016, already has the power of executorial based on the legal principle of lex specialis de rogat legi generalis, with attention to laws that specifically regulate the mortgage namely Law no. 4 of 1996 on the Rights of the Land on Land and Land-related Objects. However, in the verdict of the Religious Courts of Praya No. 0479 / PDT.G/2012/PA.PRA is also very precise based on the considerations of the judge that in essence that the object has not been divided so that after the inheritance of the object is not a part or property of L. Teges debtors) At PT. BPR Mitra Harmoni Mataram, so that anything related to the object or arising on the object before being inherited void by law or not applicable. The Bank’s Legal Efforts in resolving the mortgages executed by a priesthood court should the Bank in the event of a dispute to commit an intervention / resistance suit when a plaintiff’s case with a defendant is under trial by the judge and has not been ruled. And the denden verzet suit which in principle is a lawsuit of a resistance filed by a third party who from the beginning did not become a party in the case that is being disputed by the plaintiff with the defendant before the Court, but then suddenly the concerned feels attacked by his interests and ownership, then the Civil Procedure Law of Indonesia has prepared the rules of its settlement procedure either through the articles of law or practice which have been applied before the Court. While the effort to settle the credit with the guarantee of mortgage through credit restructuring, mediation of kinship and mediation of District Court.

Keywords: court decision, legal force, certificate of mortgage

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