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All Journal Widya Yuridika Jurnal Ilmiah Penegakan Hukum JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal La Sociale Jurnal Locus Penelitian dan Pengabdian Lex Publica International Significance of Notary
Parmono, Budi
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Kedudukan Tindak Pidana Korupsi Dalam Sistem Hukum Pidana Indonesia Azizy, Ahmad Nur; Parmono, Budi; Muhibbin, Moh
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4649

Abstract

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses a type of normative legal research in the form of library research which uses three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of a qualitative descriptive research. The results of the research show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). Apart from that, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The crime of corruption is also called a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The criminal procedural law for corruption that is applied is lex specialist in nature, i.e. there are deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.
Legal Responsibility Of A Notary For Forgery Of The Debtor's Personal Identity In The Deed Of The Credit Agreement In The Bank Parmono, Budi; Sunardi, Sunardi; Kholifah, Siti
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24400

Abstract

Abstract: The importance of credit agreements being made authentically is as a legal guarantee of strong and legal evidence for the parties entering into the agreement. In making a deed, the Notary must adjust the evidence provided by the person present with other evidence, however, in making the deed, a notary must be thorough and careful so that there is no forgery in making the deed. The formulation of the problem is as follows: What is the responsibility of the notary in the event that the debtor's identity is proven to be falsified in the credit agreement deed at the Bank and what are the legal consequences for the credit agreement deed in the event that the debtor's identity is proven to be falsified. This research is nurmative research with a statutory approach, and a Conceptual Approach and a legal dictionary approach. Results of research on the responsibility of notaries regarding proven falsification of debtors' personal identities in credit agreement deeds at banks. a) If the notary is aware of falsification of identity or participates in it, the responsibility of the notary in the case of proven falsification of the debtor's identity in the credit agreement deed at the bank is that the notary must be held responsible both civilly if there is a loss, and criminally if the notary already knows that there is a falsification of identity. the parties, in addition to administrative sanctions and the notary's code of ethics as regulated in UUJN article 7 paragraph 2. b) If the notary is not aware of the existence of forged documents. And if the falsification was carried out by the parties, the parties must be held absolutely responsible, both civil and criminal, and responsible for their own mistakes. Legal Consequences of a Deed of Credit Agreement Proven to be a Falsification of the Debtor's Personal Identity. If the underlying agreement does not fulfill the legal requirements for an agreement as regulated in Article 1320 and Article 1868 of the Civil Code, it will have legal consequences, including: a) Degradation (loss of perfect evidentiary power) or the deed becoming under the control of hands. b) Nullity by law. This means that if the objective requirements are not met then the agreement is null and void by law. c) Can be cancelled. This means that if the agreement does not meet the subjective requirements, the agreement can be canceledKey words: responsibility, forgery, notary/parties
THE ROLE OF DEBT COLLECTOR SERVICES IN WITHDRAWAL OF FIDUCIARY COLLATERAL IN FINANCING COMPANIES (Case Study on Finance in the City of Kediri) Sunardi, Sunardi; Parmono, Budi; Afifuddin, Moh
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22179

Abstract

, This finance company faces a dilemma when the consumer/customer defaults or is late or fails to pay. The leasing company will try to return its rights, namely goods that have become fiduciary guarantees. At first glance, it seems that there is a civil relationship, but we all know that efforts to restore the rights of these leasing companies are often difficult, in the end some of these companies use the services of debt collectors.Formulation of the problem how the role of debt collector services in withdrawing fiduciary guarantees at financing companies in Kediri City, the factors that cause finance companies to use debt collector services in withdrawing fiduciary guarantees in Kediri City, and the legal consequences of withdrawing fiduciary guarantees carried out by Debt Collectors.             The method in this research is empirical juridical. The results of the research on the Role of Debt collector Services in Withdrawing Fiduciary Guarantees at Financing Companies in the City of Kediri. need each other to deal with bad credit problems between debtors who are in default and creditors of Financing Companies, but debt collectors solve bad credit problems for vehicles and to save company assets from being lost for practical reasons without having to go through legal channels and have to use a professional method and in accordance with regulations applicable.Factors That Cause Finance Companies to Use Debt collector Services in Withdrawing Fiduciary Guarantees in the City of Kediri. a) Because legal and legal means are not working, they are considered inefficient and ineffective. b) The lengthy process of law enforcement creates public disappointment. c) Courts cannot guarantee legal certainty and run short. d) Debt collectors are considered more able to work in a relatively short time and the success rate reaches 90%. Legal Consequences of Withdrawal of Fiduciary Guarantees Made by Debt Collectors. who take the object of fiduciary collateral by seizing and threatening the debtor, including committing a criminal act. This action is as regulated in Article 368 of the Criminal Code (Criminal law book). cause legal consequences which are punishable by imprisonment for a maximum of 9 (nine) months.Keywords. Financing institutions, bad loans, debt collectors
Validity Of Goods And Services Sale And Purchase Agreements By Online (E-Commerce) Aldi, Muhammad; Hidayati, Rahmatul; Sunardi, Sunardi; Parmono, Budi
International Significance of Notary Vol 5, No 2 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i2.25917

Abstract

Abstract : The internet is developing quickly and has a big impact on every part of life. People may contact, communicate, and even conduct business with anyone worldwide quickly, cheaply, and effortlessly thanks to the internet. In actuality, buying and selling transactions through electronic media are really legal agreements or relationships that are carried out through the networking of computer-based information systems and communication systems based on telecommunications networks and services. This process is further made possible by the existence of worldwide internet computer networks. International society in general and Indonesian society in particular have greatly benefited from the use of electronic transaction media, or e-commerce, in the trade industry. The establishment of an agreement occurs when two parties come to a consensus on a primary issue that serves as the agreement's goal. To agree on what has been agreed upon, both parties must be present in a meeting of wills. It is possible to comply with wishes orally or in writing. In today's world, where technology is widely used in business, a face-to-face meeting or written agreement are no longer necessary for the expression of wants. Agreements between parties with different legal systems that are made online are nonetheless enforceable.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE SETTLEMENT OF TRAFFIC ACCIDENTS PERFORMED BY UNDERAGES (Study at the Police Traffic Unit – Cirebon City) Sunardi, Sunardi; Parmono, Budi; Taufik, Taufik
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22162

Abstract

Traffic accidents involving minors have increased from year to year due to the lack of orderly traffic, as for the formulation of the problem in this thesis, how to apply restorative justice to traffic accident cases committed by minors in the jurisdiction of the Polres - Cirebon City and to find out the problems and solutions.This study uses a sociological juridical research method with descriptive analysis specifications based on primary data and secondary data. Primary data was obtained by means of interviews and secondary data obtained by literature study and then analyzed qualitatively. Research problems are analyzed with law enforcement theory, accountability theory and restorative justice theory.Based on the research results, the mechanism for solving traffic accident cases committed by minors with a restorative juctice approach at the Cirebon City Police Traffic Unit at the Cirebon City Police Traffic Accident Unit, namely when an accident occurs, the first thing to do is to process the crime scene. (TKP) for victims and perpetrators, both of them. After processing the TKP, the police make a TKP processing report, from the minutes the police get evidence from the accident case; The investigators carried out the investigation, after the investigation process, they were given time for the victims and perpetrators to argue, from this process Restorative Justice began to occur; If the victim and perpetrator are willing to reconcile and the perpetrator is willing to pay compensation, the parties make a statement of peace and agree not to proceed with the case in court;Another barrier to the use of restitution as a remedy for traffic accidents is:1) Traffic accidents caused by the death of the victim;2) The victim is unwilling to make peace3) It is difficult to find common ground for material compensation given between the perpetrators and the victims.Efforts made to overcome obstacles in the implementation of restorative justice in traffic accidents are conducting Enlightenment related to Traffic Law No. 22 of 2009 concerning Road Transport Traffic and Head of Police Regulation Number 15 of 2013 concerning Procedures for Settlement of Traffic Accidents, Help mediate both parties and carry out fast processing/handling of cases of minor traffic accidents which result in material losses with small/minor damage values but are still carried out in accordance with the provisions and regulations in force.Keywords: Traffic Accidents, Minors, Restorative justice.
Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors Himawan, Yuniar Yudha; Muhibbin, Moh; Parmono, Budi
JURNAL USM LAW REVIEW Vol. 8 No. 1 (2025): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i1.11281

Abstract

The purpose of this research is to compare judges' decisions that give different sentences for the same criminal offense. Judges' decisions often provide different sentences for the same criminal offense because the positive criminal system in Indonesia uses an alternative system. This research raises the issue of why there is criminal disparity in the Supreme Court's decision related to the crime of sexual intercourse with a minor and how to reduce criminal disparity related to this crime. The urgency of this research is to find out and explain the imposition of criminal law, compare judges' decisions on the imposition of criminal law, and the impact of criminal disparity in cases of child sexual intercourse which has a serious impact on public confidence in the criminal justice system and the protection of children as a vulnerable group. This research is a normative juridical research using primary and secondary materials. The result of the research shows that: 1) There is a criminal disparity between Supreme Court Decision No. 2184K/Pid.Sus/2022 where the defendant was sentenced to 5 years imprisonment and a fine of Rp. 30,000,000.00 with Supreme Court Decision No. 2199K/Pid.Sus/2022 where the defendant was sentenced to 2 years imprisonment and a fine of Rp. 20,000,000.00. 2) The cause of criminal disparity is a legal factor that does not contain guidelines for the imposition of punishment for the defendant.
Recidivism of Child Crime in Indonesia Ma'aly, Moh. Haizul; Hidayati, Rahmatul; Parmono, Budi
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 8, No 1 (2025): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v8i1.8052

Abstract

This study began with children who commit deviant acts often showing a bad attitude in the eyes of society and the government. They are often stigmatized as naughty children or perpetrators of criminal acts. Children who commit crimes must also be punished, but the punishment given is different from the punishment given to adults. The purpose of this study is to find out, understand, and analyze both in terms of regulations, forms and sanctions for children who commit repeated crimes. The research method used is normative legal research with a statutory approach, namely Law Number 1 of 1946 concerning the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and a conceptual approach. The technique of collecting legal materials in this study uses literature studies while the legal material analysis technique used in this study is the descriptive analysis method. The results of this study indicate that in the SPPA Law concerning the imposition of sanctions on children who commit repeat crimes, there is a legal vacuum so that when judges handle cases of children who commit repeat crimes, the sanctions are returned to the Criminal Code, which sanctions are in the form of imprisonment that is heavier than before, namely plus one third. Therefore, the legislators in this case failed to formulate a norm in the formulation of the crime.
Legal Protection for Indonesian Migrant Workers from Human Trafficking Crimes Sukman; Parmono, Budi; Hidayati, Rahmatul
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.278

Abstract

Legal protection for Indonesian Migrant Workers plays an important role in efforts to combat human trafficking, which is still a serious problem in the world. This study examines various regulations related to Indonesian Migrant Worker policies and criminal sanctions for perpetrators of human trafficking. This study uses a normative legal method by examining various sources of law, both national law and international agreements such as the Palermo Protocol. The results of the study show that Indonesia has ratified various major international conventions and has passed Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law Number 21 of 2007 concerning the Eradication of Human Trafficking. These laws provide strong protection for migrant workers from the conservation, placement, and post-placement stages, and provide severe penalties for perpetrators of human trafficking. However, despite these various legal efforts, there are still many problems in law enforcement. This is reflected in the increasing cases of Human Trafficking, with 2,149 victims rescued in 2023. The study highlights the urgent need for better oversight, stricter conservation rules, and stronger law enforcement to prevent, cover and protect migrant workers.
Pelaksanaan Pembinaan Kelompok Sadar Wisata Pada Dinas Pariwisata Kabupaten Pasuruan (Studi di Tiga (3) Desa Wisata): Implementation Of Tourism Aware Group Development at The Pasuruan District Tourism Office (Study At Three (3) Tourism Villages) Zuliatin, Mafadhotul; Parmono, Budi; Hidayati, Rahmatul
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

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

Abstract

This study aims to analyze the implementation of capacity-building programs for Tourism Awareness Groups (Pokdarwis) in Pasuruan Regency, with a case study focusing on three tourism villages: Cendono, Wonokitri, and Gerbo. It also seeks to identify the challenges encountered during the development process and to formulate alternative strategies to address these obstacles. The research employs a juridical-empirical approach, integrating both legislative analysis and a sociological perspective. The findings indicate that the Department of Tourism of Pasuruan Regency conducted 12 types of training programs for Pokdarwis members between January 2022 and August 2023, in accordance with Article 30 of Law No. 10 of 2009 on Tourism. The main obstacles identified include the low level of member participation in training activities, mismatched budget allocations relative to the actual needs of the Pokdarwis, and the absence of post-training follow-up programs. To overcome these challenges, the Tourism Office implemented direct educational outreach to Pokdarwis members and reallocated additional funding through the mechanism of Regional House of Representatives’ (DPRD) Special Budget Proposals (Pokok-Pokok Pikiran or Pokir).
Penggunaan Calon Bayangan Sebagai Strategi Pemenangan dalam Pilkades Mustajib, Mustajib; Muhibbin, Moh.; Parmono, Budi; Isnaeni, Diyan
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 5 (2025): JURNAL LOCUS: Penelitian & Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i5.4096

Abstract

Pemerintah memandang pilkades sebagai suatu hal yang sangat urgen dalam dinamika kehidupan demokrasi di desa, sehingga pemerintah mengatur pelaksanaan pilkades dalam beberapa peraturan perundang-undangan. Namun di sisi lain, ada beberapa norma yang justru menjadi pemantik munculnya strategi pemenangan Pilkades yang mencederai dan melukai nurani politik masyarakat desa. Salah satu strategi pemenangan Pilkades yang tidak lazim itu adalah pembentukan calon bayangan. Ada fenomena seorang calon kepala desa yang sebenarnya memiliki tingkat elektabilitas sangat dominan, gagal sebelum mencapai tahapan pemungutan suara karena sudah tereliminasi lebih awal. Fenomena ini terjadi ketika jumlah calon yang memenuhi persyaratan melebihi 5 (lima) orang. Penelitian ini bertujuan untuk menganalisis strategi pemenangan Pilkades melalui penggunaan calon bayangan dan sekaligus menganalisis faktor-faktor yang menjadi pendukung adanya calon bayangan. Penelitian ini merupakan penelitian yuridis empiris menggunakan pendekatan perundang-undangan. Penelitian dilakukan di Desa Tempeh Tengah Kecamatan Tempeh Kabupaten Lumajang dengan studi kasus pada pelaksanaan Pilkades pada Tahun 2023. Hasil penelitian menunjukkan adanya strategi pemenangan calon kepala desa melalui pembentukan para calon bayangan yang didesain sedemikian rupa untuk mengalahkan calon kepala desa yang memiliki tingkat elektabilitas sangat dominan melalui seleksi tambahan. Pemerintah wajib hadir untuk mereduksi dan menghilangkan praktek-praktek pembentukan calon bayangan ini dengan cara menetapkan norma-norma aturan yang dapat menutup peluang terjadinya rekayasa pembentukan calon bayangan melalui revisi peraturan perundang-undangan yang mengatur tentang Pilkades.
Co-Authors Afifuddin, Moh Arthawidjaja, I Gusti Lanang Azizy, Ahmad Nur Himawan, Yuniar Yudha Isnaeni, Diyan Ma'aly, Moh. Haizul Moh Muhibbin, Moh Mohammad Muhibbin Muhammad Aldi, Muhammad Mustajib, Mustajib Rahmatul Hidayati, Rahmatul SITI KHOLIFAH Sukman Sunardi Sunardi Taufik Taufik Utama, Bobby Edwan Ramnissa Zuliatin, Mafadhotul