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Journal : Journal of Community Service (Abdisci)

JURIDICAL IMPLEMENTATION OF LOSS OF CERTIFICATE OF DEPENDENCY RIGHTS IN THE ROYA PROCESS Pribadi, Teguh; Nugraha, Fikri; Ulipah, Ulipah; Maulida, Irma
Jurnal Abdisci Vol 3 No 1 (2025): Vol 3 No 1 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i1.723

Abstract

Abstract: Background. In daily life, many people buy houses or land through credit from banks. When the certificate is used as collateral, dependent rights will be recorded on the certificate. After the debt is paid off, the landowner must delete the Dependent Rights through roya at the National Land Agency (BPN). Roya can be done after the debt guaranteed in the main agreement has been paid off. However, if the certificate of dependency rights is lost, then a Roya Consent Deed made by a notary is needed instead. Aims. This study discusses the juridical implementation of the loss of the Right of Dependency certificate in the Roya process, namely the removal of the Right of Dependency from the land book due to debt repayment by the debtor. In practice, the lost Dependent Rights certificate raises administrative problems, because the certificate is a valid written evidence in the ROYA process. However, based on the provisions of land law and technical policies of the Land Office, roya can still be implemented as long as the applicant, both creditors and debtors with the approval of the creditors, can meet formal requirements such as a loss report from the police, a statement of absolute responsibility, and proof of payment of debt obligations. Methods. This study uses a normative juridical approach with secondary data sources from laws, regulations, and land administration documents. Result. The study's results show that the Land Office can still process roya without a certificate of Dependent Rights as long as all procedures and supporting documents are met. Conclusion. This reflects applying the principles of legal certainty, protection of civil rights, and efficiency in public services in the land sector. Implementation. This reflects the law's flexibility in answering practical problems in the field while emphasizing the Land Office's active role in ensuring legal protection for all parties involved in the transfer and abolition of land rights.
THE EFFECT OF THE RECOMMENDATIONS OF THE COMMUNITY SUPERVISOR (PK) OF BAPAS GRADE 1 CIREBON ON THE JUDGE'S DECISION IN THE TRIAL OF CHILDREN FACING THE LAW (ABH) Maulida, Irma; Putri, Alya Dwi; Rafsanjani, Ari; Camila, Geisya Safana; Abeliyani, Lulu; Nurfadillah, Marsha
Jurnal Abdisci Vol 3 No 1 (2025): Vol 3 No 1 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i1.725

Abstract

Abstract Introduction. Indonesia's juvenile criminal justice system is designed to provide maximum protection for children's rights. Law No. 11/2012 on the Juvenile Criminal Justice System (UU SPPA) emphasizes the importance of the restorative justice approach as the main principle in handling cases of Children Against the Law (ABH). One of the supporting elements for the application of this principle is the recommendations prepared by the Community Supervisor (PK) in the Community Research Report (LITMAS). These recommendations provide a comprehens. Aims. The picture of the social, psychological, and family and community conditions in which children grow up, which then become material for the judge's consideration in determining the appropriate treatment. However, in court practice, PK recommendations are not always used as the basis for sentencing. There are disparities in how judges respond and accommodate the assessment results. Based on this, the author aims to analyze the influence of PK recommendations on judges' decisions in ABH trials. This research uses a normative juridical approach with mixed methods (qualitative and quantitative). Method. Data was collected from a documentation study of 11 judges' decisions heard in early 2025 until March 24, 2025, and through analysis of the accompanying LITMAS results. Results. This research shows that in 8 of the 11 cases, the judges aligned with the LITMAS recommendations (72.7%). Meanwhile, in the other 3 cases, the judges did not fully accommodate the recommendations of the PK, with a percentage of 27.3%. Conculsion. This finding shows that, although the PK recommendations significantly influence the majority of decisions, there is still room to improve the consistency and quality of their implementation. Increasing the capacity of PKs, standardizing the preparation of LITMAS, and strengthening communication between PKs and judges are some solutions that enhance the implementation of restorative justice.