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Juridical Analysis of the Postponement of Execution of Inherited Land Due to Error in Objecto in Supreme Court Decision Number 204 K/Pdt/2019: English Debby Parhusip, Ewis; Yamin, Muhammad; Mulhadi
Asian Multidisciplinary Research Journal of Economy and Learning Vol. 1 No. 6 (2024): December 2024
Publisher : CV. ARGA FARMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70471/w7e4tm20

This study examines the juridical and non-juridical obstacles to the execution of court decisions in land inheritance disputes, focusing on error in objecto as highlighted in Supreme Court Decision Number 204 K/Pdt/2019. The case involved a geographical misidentification of the disputed object, which significantly delayed the execution process and hindered the enforcement of the court's ruling. Employing a normative juridical approach, this research utilizes statutory, case, and document analysis to explore the underlying issues. The findings reveal that the primary factors obstructing execution include error in objecto, objections from the judgment debtor, incompetence among law enforcement officers, lack of coordination and support from local government authorities, and the financial burden associated with the execution process. These challenges not only undermine the principle of legal certainty but also perpetuate substantive injustice for litigants. To address these issues, the study proposes preventive measures such as optimizing local inspections (descente), leveraging geospatial technology, and enforcing stricter standards against ambiguous lawsuits (obscuur libel). Corrective measures include the use of judicial review, Supreme Court advisory opinions, and sanctions for negligent judicial officers. By implementing these recommendations, the judiciary can enhance the effectiveness and enforceability of its decisions, ensuring greater legal certainty and fairness in land dispute resolutions.

PROTECTION LAW TO EXPERT THE HEIRS ARE LIABLE FOR THE CLOSURE OF THE POLICY INSURANCE SOUL CREDIT WITHOUT MEDICAL CHECK UP Asyraf, Alviami Ghina; Sunarmi; Mulhadi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1460

This research focuses on a normative study of the regulations for closing life insurance policies according to Indonesian laws and regulations. This is followed by an analysis of legal protection for the insured's heirs as policy holders regarding the practice of closing credit life insurance policies without medical check-ups, as well as an analysis of the Judge's considerations and decisions regarding the importance of medical check-ups before closing credit life insurance policies using Decision Number 38/Pdt .G/2023/PN Date as object of study. This research is descriptive normative legal research, with a statutory, conceptual and case approach. The data used is secondary data, which was collected using library study data collection tools using document study techniques. The data was then analyzed using qualitative data analysis methods and drawing conclusions deductively.The research concludes that the arrangements for closing life insurance policies in Indonesia are transparent and provide protection for the insured. OJK requires insurance companies to ensure prospective insureds understand the terms and risks, including the importance of health checks. Legal protection for the insured's heirs is regulated in Article 22-26 POJK No. 20/2023 concerning Insurance Linked to Credit, which highlights the importance of information transparency. If the claim is rejected due to the absence of a medical examination, the insured's heirs can file a lawsuit in District Court. Decision Number 38/Pdt.G/2023/PN Tgl emphasizes the importance of a medical examination before closing a policy, reflecting the principle of prudence and utmost good faith. This decision provides justice, certainty and benefits for policyholders by guaranteeing claim payments according to the provisions. It is recommended that there be detailed regulations regarding mandatory medical check-ups and transparency of information in credit life insurance. Insurance companies and banks must also increase the education of prospective insureds regarding the importance of medical examinations before disbursing credit.

Unlawful Acts Resulting in Criminal Penalties in Government Procurement of Goods and Services Based on Decision No. 10/Pid.Sus-TPK/2021PN BNA Fariq Abiyyu Anwar; Mohammad Eka Putra; Mulhadi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.450

Corruption case No. 10/Pid.Sus-TPK/2021/PN Bna, this case is quite interesting because it itself explains how a tendering process for the procurement of goods/services by the government which turns out to have many irregularities and conspiracies in it which actually also aims to benefit and enrich oneself by harming the state's finances. The research methods used in this study are normative with analytical descriptive properties, the approach used is normative and case approaches, data sources used are secondary data, techniques and data collection tools for literature studies, qualitative data analysis with deductive and inductive conclusions drawn. The results of the study stated that the Regulation regarding the procurement of goods and services according to Presidential Regulation Number 12 of 2021 concerning the Procurement of Government Goods and Services provides guidelines for the Regulation, to the procedures for the Procurement of Government Goods and Services that are Simple, Clear, and Comprehensive in accordance with good governance. It is carried out in 3 stages, namely: Unlawful acts in the procurement of goods and services can be subject to criminal sanctions are acts that abuse authority and arbitrariness. Abuse of authority and arbitrariness is basically a teaching of state administrative law, in the law on the eradication of corruption (PTPK Law), namely Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 explains the abuse of authority, namely in the provisions of article 3. Consideration of the Panel of Judges on Unlawful Acts that resulted in Criminal Offense in case no. 10/Pid.Sus-TPK/2021/PN Bna That the defendant was the head of the Simeuelue Regency PUPR office and as a budget user in road and bridge maintenance activities at the Simeulue Regency PUPR office in 2017.

PELINDUNGAN HUKUM PEMEGANG POLIS ASURANSI ELEKTRONIK DALAM PEMBELIAN BARANG MELALUI MARKETPLACE Mulhadi; Yolanda, Echynia Sibrina Ivanna
Sriwijaya Journal of Private Law Volume 2, No.1 : April 2025
Publisher : Fakultas Hukum Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sjpl.v2i1.4301

Marketplace merupakan aplikasi atau situs web yang memberi fasilitas jual beli online dari berbagai sumber. Pemilik situs web atau aplikasi tidak memiliki produk apapun dan bisnis mereka hanya menyajikan produk orang lain kepada pengguna kemudian memfasilitasinya. Marketplace juga sudah menyediakan opsi asuransi dalam bentuk digital untuk memberikan perlindungan kepada konsumen apabila barang yang dibelinya mengalami kerusakan dan lain sebagainya. Konsumen yang setuju untuk menggunakan asuransi akan mendapatkan polis dalam bentuk elektronik. Namun pada kenyataannya konsumen mengalami kesulitan pada saat melakukan proses klaim asuransi yang ditawarkan marketplace. Salah satu kasus bermula pada saat konsumen melakukan pembelian terhadap perabotan rumah tangga yang terbuat dari kayu melalui marketplace. Pada saat barang tiba terdapat beberapa kerusakan pada perabotan sehingga konsumen melaporkan pada pihak marketplace dan klaim asuransi disetujui. Akan tetapi, ada kendala karena berat produk yang dikirimkan oleh seller berbeda dengan konsumen sehingga pihak marketplace memerlukan analisa lebih lanjut. Namun hingga tenggat waktu yang ditetapkan klaim asuransi yang diajukan tidak jelas kelanjutannya.

UNLAWFUL ACTS RESULTING IN CRIMINAL PENALTIES IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES BASED ON DECISION NO.10/PID.SUS-TPK/2021PN BNA Fariq Abiyyu Nawar; Mohammad Eka Putra; Mulhadi
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.133

Corruption case No. 10/Pid.Sus-TPK/2021/PN Bna, this case is quite interesting because it itself explains how a tendering process for the procurement of goods/services by the government which turns out to have many irregularities and conspiracies in it which actually also aims to benefit and enrich oneself by harming the state's finances. The research methods used in this study are normative with analytical descriptive properties, the approach used is normative and case approaches, data sources used are secondary data, techniques and data collection tools for literature studies, qualitative data analysis with deductive and inductive conclusions drawn. The results of the study stated that the Regulation regarding the procurement of goods and services according to Presidential Regulation Number 12 of 2021 concerning the Procurement of Government Goods and Services provides guidelines for the Regulation, to the procedures for the Procurement of Government Goods and Services that are Simple, Clear, and Comprehensive in accordance with good governance. It is carried out in 3 stages, namely: Unlawful acts in the procurement of goods and services can be subject to criminal sanctions are acts that abuse authority and arbitrariness. Abuse of authority and arbitrariness is basically a teaching of state administrative law, in the law on the eradication of corruption (PTPK Law), namely Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 explains the abuse of authority, namely in the provisions of article 3. Consideration of the Panel of Judges on Unlawful Acts that resulted in Criminal Offense in case no. 10/Pid.Sus-TPK/2021/PN Bna That the defendant was the head of the Simeuelue Regency PUPR office and as a budget user in road and bridge maintenance activities at the Simeulue Regency PUPR office in 2017.

The Office Of Religious Affairs As A Marriage Registration Agency For All Religions (Study Of The Office Of Religious Affairs In Medan Selayang) Sembiring, Idha Aprilyana; Barus, Utary Maharany; Yefrizawati; Agusmidah; Mulhadi; Yati Sharfina D; Putri Rumondang Siagian
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar

The Office of Religious Affairs (KUA) is a government agency with the authority to register marriages among Muslims. For those who marry according to Islam, the registration is carried out at the KUA together with the marriage ceremony. Currently, there is a proposal to expand the role of the KUA as a marriage recorder not only for Muslims but for all religions proposed by the Minister of Religion. This proposal certainly raises pros and cons from various parties, both in society, government officials and religious leaders.. This research was conducted using a normative legal research method by searching for literature materials, both primary, secondary and tertiary legal materials related to this research study. This research was conducted to examine the urgency of revitalizing the role of the KUA as an institution for registering marriages for all religions and how the realization of this KUA role is with the revitalization of the role of the KUA. From the research conducted, the urgency of revitalizing the role of the KUA is related to efficiency in implementing marriage registration, but in terms of realization it is still difficult to do because many aspects must be restructured if the KUA is to be the only institution for registering marriages for all religions

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