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All Journal International Journal of Islamic Education, Research and Multiculturalism (IJIERM) INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER) Honeste Vivere
Januar, Inri
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERUBAHAN KUALITAS AKTA NOTARIS MENJADI AKTA DIBAWAH TANGAN ATAU MENJADI BATAL DEMI HUKUM BERDASARKAN UNDANG-UNDANG JABATAN NOTARIS Januar, Inri; Siringoringo, Poltak; Saragi, Paltiada
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Based on article 15 paragraph 1 of the Law on the Position of Notaries, article 1313 of the Civil Code and article 1320 of the Civil Code and also the principle of freedom of contract, a notarial deed can also be called an agreement with perfect evidentiary power. The legal consequences that arise if there is a violation in the formation of a notarial deed can be seen from two sides. Firstly, the legal consequences are seen in terms of the formal and material requirements of a notarial deed based on Law on the Position of Notaries Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notaries. Of all the legal consequences listed in the UUJN, it only reduces the quality of an authentic notarial deed, turning it into a deed that has the power of proof as a private deed. Second, look at the conditions required in Article 1320 of the Civil Code. If the category of subjective requirements is not fulfilled, the result can be cancelled, which means that the cancellation must be requested before a judge. The category of objective requirements means that if they are not met, the legal consequences will make the agreement null and void. In this way, a notarial deed as an authentic deed can turn into a private deed and can also become null and void. The methodology used is normative with a statutory approach and a conceptual approach. The purpose of this writing is to determine the legal consequences of notarial deeds that are not made in accordance with legal provisions.
PENERAPAN DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK: STUDI KASUS DI PENGADILAN NEGERI TANGERANG Lengkong, Lonna Yohanes; Januar, Inri; Ginting, Jasper Keladius
Honeste Vivere Vol 34 No 2 (2024): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i2.346

Abstract

This article analyzes the criminal law policy of diversion in the juvenile criminal justice system. The purpose of this article is to find out where diversion is regulated and analyze whether diversion meets the principles of justice for perpetrators and victims of criminal acts. The findings prove that regarding the regulation of diversion criminal law policies in the juvenile criminal justice system that there is a difference in regulation between Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Supreme Court Regulation Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System regarding the threat of imprisonment which is a condition for the imposition of diversion on children and the age limit of children is further expanded within PERMA where children who have been married but are not yet 18 (eighteen) are still included in the category of children
The Relationship Between Debt, Default, and Receivables in Contract Law in Indonesia Januar, Inri; Santoso, Budi; Sulistyarini, Rachmi; Qurbani , Indah Dwi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.406

Abstract

Treaty law recognizes the terms debt and receivables, but in the legal regulations of agreements or beyond it, it turns out that what is meant by debt and receivables is very limited in its explanation. Likewise, default whose definition appears only limited to the opinions of experts. Regulation will be very important because debts, receivables and defaults have legal consequences for creditors or debtors. Thus, it is very necessary to include the definition of debt, receivables and defaults in laws and regulations to provide certainty and legal protection for the parties to the engagement, especially the law of agreements. The type of research used is normative juridical research using primary legal materials, namely laws and regulations, secondary, namely books by law scholars and tertiary materials in the form of dictionaries. The approach used is a conceptual approach and a legislative approach. From the results of the study, there is a void in norms regarding receivables. Receivables in general cannot arise without obligation, for certain conditions receivables may arise without prior obligation. Receivables are not only the opposite of the word debt. Receivables are the right to sue given by law. In this case, receivables can be interpreted as protection provided by the state to the subject in the law of the agreement. Default is not the same as debt and a defaulter cannot have receivables.
PUBLIC OPINION REGARDING THE IMPLEMENTATION OF RESTORATIVE JUSTICE ON COMPENSATION SANCTIONS AS AN ALTERNATIVE TO IMPRISONMENT FOR THE CRIME OF DEFAMATION Panjaitan, Hulman; Januar, Inri; Irwan Panjaitan, Petrus
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 4 (2024): APRIL
Publisher : Adisam Publisher

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Abstract

In the eyes of the public, defamation is seen as resulting in damage such as tarnishing one's reputation, including honor. As a criminal act, defamation is regulated from Article 310 to Article 321 of the Criminal Code and Law of the Republic of Indonesia No. 11 of 2008 concerning Information and Electronic Transactions in Article 27 paragraph 3 and Article 45 paragraph 1, which has been amended by Law of the Republic of Indonesia No. 19 of 2016 on amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. According to these laws, there are clear criminal imprisonment sanctions for offenders, but current public sentiment does not favor this, and the state desires this matter to be resolved through Restorative Justice, as stipulated in the Indonesian National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, the Republic of Indonesia Attorney General Regulation Number 15 of 2020 regarding the termination of prosecution based on restorative justice, and the decision of the Director General of the General Courts on the Implementation Guidelines of Restorative Justice (restorative justice) Number 1691/DJU/SK/PS.00/12/2020. From the research findings, it is evident that the majority of the public agrees with the application of Restorative Justice by having the offender compensate the victim for damages, usually in the form of a monetary amount agreed upon by the offender and the victim
Co-Authors Dwi Budi Santoso Ginting, Jasper Keladius Hulman Panjaitan, Hulman Irwan Panjaitan, Petrus Lengkong, Lonna Yohanes Qurbani , Indah Dwi Rachmi Sulistyarini Saragi, Paltiada Siringoringo, Poltak