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Legal certainty regarding pluralism of inheritance law in Indonesia in the transfer of inheritance rights in Indonesia Suryawan, I Nengah Pasek; Sara, Rineke
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 3 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i3.1041

Abstract

In Indonesia, the inheritance law system is divided into civil, Islamic, and customary law. In the context of inheritance rights transfer, the diversity of legal systems that include civil inheritance law, Islamic law, and inheritance law creates its own challenges that can trigger conflicts among heirs. This article discusses the legal certainty of pluralism in inheritance law in Indonesia from these three aspects, as well as the procedures for transferring rights to inheritance in accordance with the applicable legal system. The article aims to provide a comprehensive understanding of the complexities involved in the legal processes surrounding inheritance. The research emphasizes the need for legal certainty and clearer guidelines to protect heir's rights while advocating for strategies such as clear wills and mediation to mitigate conflicts. Furthermore, it offers practical policy recommendations aimed at harmonizing inheritance laws and fosters a more equitable legal environment that respects Indonesia's cultural diversity.
Transformation of health law: Legal protection for persons with mental disorders Fani, Veranika Santiani; Sara, Rineke
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 3 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i3.1044

Abstract

The legal protection for individuals with mental disorders in Indonesia is governed by various laws; however, there are still significant challenges in their implementation. This research uses a normative juridical method to analyze and study existing laws and regulations, focusing on their application in the legal protection of individuals with mentally disorders. The research aims to provide a thorough analysis that highlights existing regulations and reflects the practical realities, ultimately offering relevant recommendations to improve the legal system and mental health policies in Indonesia. The results indicate that despite having a robust legal framework, the challenges in its application indicate the need for transformation and improvement of the health law system in Indonesia so that the protection of individual rights can be more optimal and sustainable. In addition, healthcare professionals, including doctors, nurses, and counselors, need to receive specialized training on sensitive approaches to mental health so they can provide better and more humane care for patients with mental disorder. Additionally, despite the efforts and regulations that have been established, the implementation of mental health laws and policies has not yet demonstrated the expected effectiveness. This work provides valuable insights for policymakers, practitioners, and advocates, ultimately advancing the legal discourse surrounding mental health in Indonesia, laying the groundwork for future research and enriching legal scholarship.
Law Enforcement Against The Criminal Act of Forgery of Documents By a Notary In The Perspective of Law No. 30 of 2004 Concerning The Implementation of Administrative Sanctions or The Notary's Code of Ethics Sara, Rineke; Trisnaning, Theresia
Jurnal Indonesia Sosial Sains Vol. 4 No. 12 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i12.933

Abstract

The existence of a notary as a witness or even as a suspect, if it is related to the existence of his position in the legal field which is intended to support the smooth running of a law enforcement process, including the judicial process, would not be a problem, in other words, it is only natural for a notary to act as a witness or even as a suspect in a judicial process. On the other hand, a notary in carrying out his position as a public official, apart from being related to a position regulation, is also related to the oath of office which he takes when appointed as a notary where the notary is obliged to keep the contents of the deed and information he obtains confidential as regulated in Article 4 Paragraph ( 2) Law Number 30 of 2004 concerning the Position of Notary which states that, I will keep confidential the contents of deeds and information obtained in the performance of my office. Further Article 54 Paragraph (1) of Law Number 2 of 2014 concerning Amendments to the Law -Law Number 30 of 2004 concerning the Position of Notary Public explains that a notary can only give, show, or notify the contents of the deed, grosses deed, copy of the deed or excerpt from the deed, to people who have a direct interest in the deed, heirs, or people who have acquired rights, unless otherwise determined by statutory regulations. The exercise of the right to keep secrets related to one's position is also regulated in criminal procedural law, civil law, and the Criminal Code. Article 170 Paragraph (1) of the Criminal Procedure Code states that those who because of their work, dignity, or position are required to keep secrets, can ask to be released from exercising their right to provide information as a witness, namely about matters entrusted to them. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific, especially those related to the research topic, namely law enforcement against the crime of document falsification by notaries in the perspective of Law no. 30 of 2004. This research resulted in the findings of Law Number 30 of 2004 in conjunction with Law Number 2 of 2014 concerning the Position of Notaries which regulates that when a Notary in carrying out his official duties has committed a violation that causes a deviation from the law, the Notary can be subject to sanctions in the form of sanctions. Civil, Administrative, Code of Ethics for Notary Positions. These sanctions have been regulated in such a way both previously and now in the Law on the Position of Notaries regarding the Code of Ethics for the Notary Position profession where there is no description of criminal sanctions but rather the organization of the Notary Supervisory Council which has the authority to impose punishments on notaries. Notaries in carrying out their official duties do not close the possibility of being in contact with legal issues, even though carrying out the duties has been done carefully and by statutory provisions
Environmental Issues And Environmental Law Enforcement In Indonesia In The Perspective Of Law Number 32 Of 2009 Sara, Rineke; Purnama, Bastoni
Jurnal Indonesia Sosial Sains Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i1.936

Abstract

The rise of increasingly serious environmental cases, one of which is related to problems in the forestry sector, has prompted the birth of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH). In this research, the approach used is Juridical-Normative, with a dogmatic type of research, a descriptive research form of legal relations. This research is limited to descriptive-analytical research on criminal policies in environmental law enforcement. The source of all environmental problems is development carried out without paying attention to environmental balance factors which in turn will cause environmental damage and pollution. Legal action taken against perpetrators of environmental pollution and destruction consists of administrative aspects, civil aspects, and criminal aspects. Law enforcement itself needs to be supported by several factors, namely legal means, law enforcement officers, facilities and infrastructure, permits, the Amdal system, and public legal awareness of the environment
Accountability Of The Indonesian National Army Member Who Commited Corruption Crime On The Housing Obligatory Savings For Army 2020 Sara, Rineke; Prastyanto, Yanwiyatono
Jurnal Indonesia Sosial Sains Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i1.944

Abstract

Corruption is not only carried out by civil society, TNI members who have undergone disciplinary training can also be engaged in committing corruption, specifically undertook by Brigadier General TNI Yus Adi Kamrullah, S.E., M.Si. and Ni Putu Purnamasari who is a TNI member in the case of TNI-AD housing savings corruption in 2019-2020. The problem of this research is how to account for TNI members who engage in corrupting crimes in the 2020 Army Housing Compulsory Savings (TWP AD). The research method used is a statutory approach and a conceptual approach. The type of research used is normative, with primary, secondary and tertiary legitimate provisions. From the outcomes, it was concluded that the criminal responsibility of the perpetrator in this case was sentenced to defendant 1: Brigadier General TNI (ret.) Yus Adi Kamrullah, S.E., M.Si. Defendant-2: Ni Putu Purmasari has been legitimately and conclusively proven jointly and continuously to have committed the corruption crime. Sentencing the defendants to basic and additional crimes
Pelaksanaan Pemberian Fasilitas Bank Garansi (Studi Kasus Pada Bank Danamon Tbk Cabang Karawang) Sara, Rineke
Lex Librum : Jurnal Ilmu Hukum 2016: Volume 3 Nomor 1 Desember 2016
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v3i1.60

Abstract

Bank garansi merupakan salah satu bentuk lembaga jaminan yang termasuk dalam perjanjian penanggungan hutang yang diatur dalam Pasal 1820 s/d Pasal 1850 KuHPerdata, adalah suatu perjanjian dengan mana seorang pihak ketiga, guna kepentingan si berpiutang, mengikatkan diri untuk memenuhi perikatannya si berpiutang tersebut. Karena selain sebagai financial intermediary, bank juga memberikan jasa-jasa kepada nasabahnya, Dimana dalam pelaksanaan pemberian bank garansi sering menimbulkan masalah ketika pihak nasabah melakukan cidera janji (wanprestasi) yang didalamnya melibatkan tiga pihak yang terlibat di dalamnya yaitu pihak penjamin (bank), pihak terjamin atau pihak yang dijamin (nasabah) dan pihak penerima jaminan (pihak ketiga). Pelaksanaan pemberian fasilitas bank garansi di Bank Danamon Tbk Cabang Karawang dilakukan dalam 3 (tiga) tahap yaitu, tahap pengajuan permohonan, tahap penandatanganan perjanjian dan tahap penerbitan warkat bank garansi, Setelah semua tahap dilakukan, barulah bank menerbitkan warkat bank garansi asli. Sedangkan upaya hukum yang dilakukan oleh Bank Danamon Tbk Cabang Karawang apablla nasabah cidera janji (wanprestasi), dimana pihak bank memberikan surat teguran sebanyak 3 (tiga) kali kepada nasabah, bila kemudian dilakukan mediasi, bila proses mediasi tidak memberikan hasil yang memuaskan. Maka akan menempuh upaya hukum melalui jalur pengadilan sesuai ketentuan Pasal 15 butir 7 Perjanjian Pemberian Fasilitas Bank Garansi. kata kunci: Bank Garansi Abstract: Bank guarante is one form of security institutions are included in debt underwriting agreement under Article 1820 s/d Article 1850 of the Civil, is an agreement by which a third party, in the intersts of the indebted, binds itself to meet the perikatannya the indebted. Because in addition to being a financial intermediary, the bank also provides services to its customers, where the implementation of the provision of bank guarantees often pose a problem when the customer makes default (default), which also involves three parties involved, namely the guarantor (bank), the warranted or guaranteed party (customer) and the recipient assurance (third party). Implementation of bank guarantee facility in Bank Danamon Tbk Branch Karachi done in three (3) phases, namely, the stage of submission of application, stage of signing the agreement and the issuance of bank draft stage guarantee, after all stages is done, then the bank issuing bank draft of the original warranty. While the legal efforts undertaken by Bank Danamon Tbk Branch Karachi if the customer default (default), whereby the bank provides a letter of reprimand for three (3) times to customers, if then do the mediation, if mediation does not give a satisfactory result. Then it will take legal action through the courts in accordance with Article 15 item 7 of Bank Guarantee Facility Agreement. Daftar Pustaka Kasmir, Bank dan Lembaga Keuangan Lainnya, Jakarta, Rajawali Pers, 2013 Naja, HR Daeng, Hukum Kredit dan Bank Garansi, Bandung, Citra Aditya Bakti, 2005 Perjanjian Pemberian Fasilitas Bank Garansi Bank Danamon Setiawan, R, Pokok-Pokok Hukum Perikatan, Bandung, Bina Cipta, 1987 Subekti, Hukum Perjanjian, Jakarta, Intermasa, 2005 Kitab Undang-Undang Hukum Perdata Undang-Undang Nomor 10 Tahun 1998 Tentang Perubahan Atas Undang-Undang Nomor 7 Tahun 1992 Tetang Perbankan SK Direksi BI No. 23/72/KEP/DIR tentang Penerbitan Bank Garansi Oleh Bank dan SE BI No. 23/5/UKU Tahun 1991. Bank Danamon, http://www.danamon.co.id Bung Pokrol, "Bisnis dan Investasi", http://www.hukumonline.com