Article Per Year (5 Year)
p-Index From 2021 - 2026
3.845
P-Index
This Author published in this journals
All Journal JURNAL MAHKAMAH Substantive Justice International Journal of Law Jurnal Hukum Magnum Opus Awang Long Law Review Unes Law Review Pamulang Law Review Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Notary Journal Sultan Agung Notary Law Review Journal of Social Research Journal of Law, Poliitic and Humanities Jurnal Ilmiah Multidisiplin Indonesia
Tjempaka, Tjempaka
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

Published : 28 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 28 Documents
Search

 1   2   3 
Comparative Analysis of Legal Recourses for Document Forgery in Civil Law: Indonesia and ASEAN Countries Hussy, Maharani Millenia; Tjempaka, Tjempaka
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.4358

Abstract

The practice of document forgery in civil transactions, often aiming to unjustly benefit one party over another, is a significant concern in many jurisdictions. This necessitates effective civil legal resources for the aggrieved parties to claim redress and compensation. In Indonesia, the approach to legal remedies is bifurcated into preventive and repressive measures, with the former encompassing legal provisions against document forgery and the latter involving the pursuit of civil litigation, as exemplified by cases such as the one adjudicated in Case Number 55/Pdt.G/2021/PnKpn by the Kepanjen District Court in East Java. This research aims to critically examine the civil legal remedies available in Indonesia for cases of document forgery, using the case as a focal point, and to contrast these with the corresponding legal frameworks in other ASEAN countries, including Malaysia, the Philippines, Brunei Darussalam, Singapore, Thailand, Vietnam, and Myanmar. The impetus for this comparative study stems from a recognized gap in the discourse surrounding document forgery within the civil law context. The methodology employed is normative legal research, involving an in-depth analysis of relevant civil codes and case law. This study’s findings highlight the nuances and effectiveness of legal resources against document forgery within these diverse legal systems, aligning with theories of legal protection.
Legal Protection for Employees of Land Deed Officials in Submitting Applications for Transfer of Rights (Case Study of Cassation Decision 175/K/PDT/2021) Amanda, Rizki; Tjempaka, Tjempaka
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.388

Abstract

This article is entitled legal protection for employees of land deed officials when submitting applications for transfer of rights . Using legal research methods with normative research types . With the results of the analysis, workers who work in PPAT or Notary offices have PKWT status, so the legal protection that can be provided by PPAT to these workers or employees depends on the policies provided by the employer, in this case namely PPAT. This is because the status of the job is PKWT, which means that the employer can be laid off at any time. This has implications for employees who carry out work on orders from their employers in situations where they commit unlawful acts, such as in the case of cassation decision 175/K/PDT/2021. Thus, juridically, it is a form of legal protection for employees who are in conflict with the law regarding their work due to orders from the employer, so the mandatory principle in work accountability does not apply, which has an impact on harming employees or workers in terms of responsibility for work actions.
The Position of Daughters in Batak Customary Inheritance Law from the Perspective of Islamic Law Apriliani; Tjempaka, Tjempaka
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5927

Abstract

This study aims to examine how the Batak Muslim community reconciles the conflict of values between the patrilineal customary inheritance system and egalitarian Islamic inheritance law regarding women's inheritance rights. The method used is normative juridical with qualitative analysis of laws and regulations such as the Compilation of Islamic Law, customary law, and legal doctrines and expert views. Data were collected through literature studies from primary, secondary, and tertiary sources. The results of the study show that the Batak customary system places sons, especially the eldest, as the main heirs, while daughters formally do not have inheritance rights. Meanwhile, Islamic law grants inheritance rights to women with a certain portion based on socio-economic responsibility. The tension between these two legal systems creates social and legal dilemmas for the Batak Muslim community. In practice, various reconciliation strategies emerge, such as granting grants or wills to daughters before the testator dies to balance customary values and Islamic law. This study emphasizes the importance of a contextual and participatory approach in harmonizing customary norms and religious law for the sake of justice and social acceptance.
Analysis of Banking Cessie, Novation and Subrogation From The Perspective of Civil Law Iin Selvina; Tjempaka, Tjempaka
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.422

Abstract

In daily life, banks play an important role as providers of funds in society. One of the facilities utilized in banking is credit. Funds provided in credit facilities represent bank assets with very high risk. Therefore, to mitigate the risk of non-performing loans, the bank will examine the debtor before the credit facility is granted, then a credit agreement will be made. Credit agreements can be terminated through payment or novation. However, in response to legal events, banks also recognize the existence of subrogation and cessie systems to manage risks. The findings of this study elucidate that, under the Civil Code, all forms of agreements must adhere to the terms of the agreement and principles such as pacta sunt servanda, consensualism, and freedom of contract. Despite the numerous patterns and variations in banking systems and facilities, adherence to positive law is imperative to ensure legal certainty and security for all parties involved.
The Distribution of Inheritance Rights To Heirs of Different Religions: Study of Court Decision Number 0554/PDT.P/2023/PA.SBY Icha Choerunnisa; Tjempaka, Tjempaka
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.429

Abstract

In Indonesia's multicultural society, inheritance issues frequently arise where family members may hold different religious beliefs. These differences often trigger social issues, including inheritance disputes that require legal handling. Indonesia, predominantly Muslim, has regulations such as the Compilation of Islamic Law that govern inheritance. Inheritance issues are particularly complex in cases of interfaith marriages. In the Compilation of Islamic Law, religious differences can pose barriers to inheritance, according to the majority of scholars. However, courts have adapted, based on jurisprudence No. 51K/AG/1999, regarding compulsory wills, allowing non-Muslim heirs to receive inheritance rights. The research focuses on Decision Number 0554/Pdt.P/2023/PA.Sby, which addresses a multicultural inheritance dispute, reflecting challenges in applying Islamic inheritance law in a multireligious context. This highlights the need for flexible and empathetic interpretation of the law to achieve social justice. This study employs a normative juridical method and finds that the analysis of Court Decision Number 0554/Pdt.P/2023/PA.Sby reveals that although Islamic law prohibits heirs of different religions from inheriting, courts can use ijtihad (independent reasoning) and consider fairness and societal values. In this context, compulsory wills can be a solution to grant inheritance to non-Muslim heirs. This decision reflects the legal flexibility in addressing religious diversity in Indonesia and underscores the importance of protecting the rights of heirs fairly.
The Role of Orphanages In Empowering Abandoned Children Who Are Cared For at Orphanages Tjempaka, Tjempaka; Christy , Stephanie
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.448

Abstract

Every child definitely wants genuine affection and attention from their parents and a place to live that can protect them, because they have the right to get all of that. However, not all children can feel what they want. Sometimes they are placed in orphanages for economic reasons or other reasons. This is a complex social problem that researchers want to address as research and the city chosen is the Aisyiyah Orphanage which is located in the Ngampilan area, Yogyakarta. The issues that will be raised are why the orphanage wants to accept babies/children to be entrusted to their parents and how does the orphanage empower the babies/children being cared for/entrusted so that when they reach adulthood they can be independent? The research methodology used is a qualitative approach which is then outlined in a descriptive method. Data collection was carried out by interviews. The results of the research show that to empower babies/children cared for in the Aisyiyah Sleman Orphanage, Yogyakarta is to provide education in general and provide skills that can support their future.
Legal Protection for Good Faith Buyers in Land Sale and Purchase Transactions (Study of Decision Number 3915 K/Pdt/2022) Irene, Irene; Tjempaka, Tjempaka
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.511

Abstract

Land is an essential need for humans. Because it is used to fulfill basic human needs such as shelter and food production. Land is used to meet human needs. Soil is an important part of human life. What needs to be understood is that land is a place to live, as a means of residence and humans obtain land by managing and utilizing land as much as possible. In the utilization and acquisition of land, of course there is government involvement and authority. In writing this thesis, the author raised a dispute case originating from the Supreme Court Court Decision Case Number 3915 K/Pdt/2022. Initially, the Plaintiff (PT Grow Selamat Makmur) and the Defendant (PT Surya Cipta Khatulistiwa) were involved in a sale and purchase agreement for 24 plots of land in Bogor Regency through Deed No.05 dated 16 July 2018. These lands had title certificates, including Title Certificates. Building Use and Use Rights Certificates, with details of 15 Building Use Rights Certificates and 9 Use Rights Certificates. In this agreement, it was agreed that the land price would be Rp. 550,000/m2, as well as payment procedures which reach a total of Rp. 119,560,000,000, although the land area has not been re-measured by the local Land Agency, the Buyer (Plaintiff) has paid the price according to the agreement. Based on the problems studied, the type of research is normative legal research, where law is conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or norms which are benchmarks for human behavior that is considered appropriate. Normative legal research refers to legal norms contained in regulations or laws related to Supreme Court Decision No. 3915 K/Pdt/2022.
(RETRACTION) Perlindungan Hukum bagi Pembeli Tanah yang Kehilangan Hak Akibat Jual Beli atas Tanah yang Pernah Menjadi Objek Sengketa Pengadilan Tata Usaha Negara Gunawan, Novia; Tjempaka, Tjempaka
Notary Journal Vol. 1 No. 2 (2021): October
Publisher : Program Studi Kenotariatan Fakultas Hukum Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/nj.v1i2.3541

Abstract

(This article is retracted because of dupiclate publication)The land was the state's authority to govern the giving and use of land to the people so that the land would be used for the greatest measure of civic prosperity requiring a sure law and protection of the law among peoples. While wisdom regarding land civilty governed by the state exists in reality often does not establish order and certainty of law. For example the case example on ruling Supreme Court number 658 PK/Pdt/2017 in the two hedges of the same land as the different rights, Dirman was using the building rights and John as his property which turned John's property into an object of dispute at the State Enterprises Court. How can legal protection be provided for land buyers who lost their rights through land sale that was once an object of national governance court dispute at the State Enterprises Court? How would the deed of ownership of the deed of the land deed be formed between bacce and Gunadi and Gunadi and John? The authors examine the problem using normative legal methods and use interviews as backup data. Studies reveal that legal protection is obtained if land buyers can prove their rights in court and Land deed deed official only responsible for the purchase papers made between Gunadi and John because they were consciously created that the land was in dispute over the state governance court.Bahasa Indonesia Abstrak: Tanah merupakan kewenangan Negara untuk mengatur pemberian dan penggunaan tanah kepada masyarakat agar tanah dimanfaatkan bagi pencapaian sebesar-besar kemakmuran rakyat dengan tuntutan kepastian hukum serta perlindungan hukum antar masyarakat. Meskipun kebijaksanaan mengenai kemanfaatan tanah yang diatur oleh negara ada tetap saja dalam realita sering tidak terjadinya ketertiban dan kepastian hukum. Seperti contoh kasus pada Putusan Mahkamah Agung Nomor 658 PK/Pdt/2017 yaitu terbitnya dua sertipikat atas tanah yang sama dengan hak yang berbeda, Dirman Pardosi dengan Hak Guna Bangunan dan John dengan Hak Miliknya yang ternyata tanah milik John sedang menjadi objek sengketa di PTUN. Bagaimana bentuk perlindungan hukum bagi pembeli tanah yang kehilangan hak akibat jual beli atas tanah yang pernah menjadi objek sengketa PTUN? Bagaimana bentuk tanggung jawab PPAT terhadap akta jual beli yang dibuat antara Bacce dengan Gunadi dan Gunadi dengan John Tandiari? Penulis meneliti masalah tersebut dengan menggunakan metode hukum normatif dan menggunakan wawancara sebagai data penunjang. Hasil penelitian mengungkapkan bahwa perlindungan hukum akan didapatkan jika pembeli tanah dapat membuktikan hak mereka di Pengadilan dan PPAT bertanggung jawab hanya pada akta jual beli yang dibuat antara Gunadi dan John karena dibuat secara sadar bahwa tanah sedang dalam sengketa PTUN.
Status Hukum Kepemilikan Hak Atas Tanah yang Tanahnya Telah Hilang Akibat Gempa Bumi di Cianjur Putri, Catherina Amanda; Tjempaka, Tjempaka
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3155

Abstract

Proof of ownership of a plot of land is proven by the existence of a certificate and physical control so that if these two things are destroyed, the legal relationship between the owner and the land ends. There are several causes for the end of a person's land rights, one of which is that the land object has been destroyed due to a natural disaster. Because the term "destroyed land" is used in Article 27 of the UUPA, which refers to the abolition of land rights, the state is unable to provide legal protection for destroyed land, which results in a legal void. A normative legal research approach with a statutory approach was used for the study. The result of this study is a discussion of the form of legal protection by the National Land Agency regarding the reownership of land rights whose land has been lost due to natural disasters. Land rights holders can submit a report to the land service emergency response posts to report complaints of lost or damaged certificates due to natural disasters, and then the Land Office will conduct field research as the basis for issuing a replacement certificate.
Analisis Pertimbangan Hakim dalam Memutus Perkara Pemberian Hibah yang Ditarik Kembali (Studi Putusan Nomor: 33/Pdt.G/2019/PN/PMS) Gultom, Nurhayati; Tjempaka, Tjempaka
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3227

Abstract

This research was conducted with the aim of exploring the rights and obligations of grantors in revoking a grant, the legal impact on grant recipients who experience grant revocation, and analyzing the compatibility of Decision No. 33/Pdt.G/2019/PN.Pms of the Pematangsiantar District Court with the prevailing laws and regulations. This research used a normative legal approach and was descriptive in nature. The data collection methods used were library research and document analysis. Data analysis was conducted using qualitative analysis methods. The results of the research indicate that grantors have several rights based on Article 1669, Article 1671, and Article 1672 of the Civil Code and Article 212 of the Islamic Inheritance Law (KHI). Grantors also have the right to revoke their grant if the grant recipient fails to fulfill the obligations stipulated in the grant deed or other conditions specified in Article 1688 of the Civil Code. The legal impact on grant recipients who experience grant revocation is the return of the granted object to its original state before the agreement was made, as regulated by Article 1691 of the Civil Code. However, according to Article 212 of the KHI, a grant cannot be revoked, except in the case of a grant from a parent to their child, and this must be supported by a legally binding court decision. Based on the analysis of Decision No. 33/Pdt.G/2019/PN.Pms of the Pematangsiantar District Court, it can be concluded that the decision is in accordance with the prevailing laws and regulations.
Co-Authors Al Hadid, Andi Pangerang Amanda, Rizki Anggraini, Ratu Mutiara Apriliani Arhamnee Sitti Aulia Christy , Stephanie Christy, Florentina Christy, Stephanie David Efratha Lambe Fandi Arwan, Muhammad Eka Gultom, Nurhayati Gunawan, Novia Hardiyansyah, Tendri Hussy, Maharani Millenia Icha Choerunnisa Iin Selvina Irene Irene Khairun Nisa, Raden Roro Salma Almira Mahatulus, Rykson Thri Nurfaiqah, Andi Dimah Laila Nur’aini, Tiya Putri, Catherina Amanda Rositasari, Noviarasta Dewi Siahaan, Hotma Elisa Irene Tutuarima, Janesia Tutus Chariesma Putra Winarsih Winarsih