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THE ROLE OF NOTARIES IN THE IMPLEMENTATION OF THE LEASE PURCHASE SYSTEM AS AN ALTERNATIVE TO BUILDING OWNERSHIP IN PUBLIC HOUSING SAVINGS (TAPERA) Nabila Dhiya Pandita
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3677

Abstract

Notaries have an active role in implementing a new system, namely lease purchase system as an alternative to transferring a new land ownership rights based on the Public Housing Savings Management Agency Regulation Number 2 of 2023 concerning the Second Amendment to the Public Housing Savings Management Agency Regulation Number 6 of 2021 concerning Housing Financing for Public Housing Savings Participants (Peraturan Badan Pengelola Tabungan Perumahan Rakyat Nomor 2 Tahun 2023 tentang Perubahan Kedua atas Peraturan Badan Pengelola Tabungan Rakyat Nomor 6 Tahun 2021 tentang Pembiayaan Perumahan Bagi Peserta Tabungan Perumahan Rakyat). This is because to be able to apply the lease purchase system in a transfer of land ownership rights, an agreement is needed which for legal certainty to be made into a deed for the parties. Departing from the above, the problem raised in this research is how to implement the lease purchase system as an alternative to financing home ownership and the role of the Notary in making a lease purchase agreement deed which is used as an alternative to transfer land ownership rights. To be able to answer these problems, a normative juridical research method with an explanatory research typology is used. The conclusion that can be drawn from this research is that notaries play an important role in implementing the hire purchase system which has just been issued by BP Tapera as an alternative to transferring land and building ownership rights. So that in order to provide legal certainty, the lease purchase agreement needs to be made in an authentic deed made by a Notary.
Sustainability of National Development Program During Transition of Leadership In Indonesia Firdaus Arifin
Jurnal Wawasan Yuridika Vol 8, No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4319

Abstract

The sustainability of national development programs in Indonesia is often hindered by leadership transitions, which create uncertainty in the implementation of long-term policies. This study aims to analyze the weaknesses of the existing legal framework, particularly Law No. 59 of 2024 concerning the National Long-Term Development Plan (RPJPN), in ensuring the continuity of development programs amidst political dynamics. A normative approach with qualitative juridical analysis was employed, examining relevant legislation and literature. The findings reveal that the current legal framework needs to be more robust to protect strategic programs from policy changes caused by government transitions. Additionally, the lack of flexibility within the legal instruments makes it difficult to adapt to political changes. This study recommends more responsive and adaptive legal reforms and enhances synergy between central and regional governments to ensure policy stability. These findings contribute to the theoretical development of development law and have practical implications for policymakers in Indonesia, particularly in designing a more robust and stable legal framework to support long-term development.
The Impact of Pre-Trial Detention on Prison Overcrowding: Perspectives From Indonesia's Criminal Justice System Hamja Hamja
Jurnal Wawasan Yuridika Vol 8, No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4303

Abstract

The decision to detain suspects in detention centers or prisons has contributed to the rising occupancy rates, leading to overcrowding in prisons. This study aims to understand the fundamental values underpinning the implementation of pre-trial detention policies in Indonesia and their impact on the increased congestion in prison facilities. The study employs a descriptive approach with a normative juridical research type. The issues are examined using statutory and conceptual approaches. Data collection is conducted through a literature review, and the data is analyzed qualitatively. The research findings reveal that the law provides a robust foundation for implementing alternative offender penalties aside from imprisonment. However, the understanding of law enforcement officers as instruments of law enforcement still tends to favour decisions on pre-trial detention and large-scale detentions. Social and political factors remain the primary basis for the application of suspect detention, subsequently driving the escalation of prison overcrowding cases.
Realizing “Deconstructional” Justice Through Agrarian Civil Law Reform: A Review Of Jacques Derrida’s Theory Sahlan; Miqat, Nurul; Susi Susilawati
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1559

Abstract

Agrarian law in Indonesia has a long history influenced by various power regimes. However, it still faces challenges such as agrarian conflicts and inequalities in land distribution. This research aims to analyze the application of Jacques Derrida's deconstruction concept in the reform of Indonesian agrarian civil law, by identifying and evaluating critical aspects that need to be deconstructed to realize more substantive and inclusive agrarian justice. This study uses normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature studies, and applying qualitative analysis techniques including descriptive, interpretative, and critical analysis to examine the application of Jacques Derrida's deconstruction theory in Indonesian agrarian civil law reform. The research results show that Jacques Derrida's deconstruction concept can be applied in Indonesian agrarian civil law reform to achieve more substantive justice. This approach allows for the dismantling of existing agrarian legal structures, revealing inconsistencies and contradictions within them, and opening space for new, more inclusive interpretations. Critical aspects that need to be deconstructed include colonial legacies in agrarian law, dualism between customary and national law, inequalities in land tenure, unfair conflict resolution mechanisms, lack of integration between agrarian policies and environmental protection, and weak implementation of indigenous peoples' rights. Through the deconstruction of these aspects, agrarian law reform can be directed to create a more just, inclusive, and sustainable system, taking into account broader social, cultural, and economic contexts.. Keyword: Deconstruction, Agrarian, Justice, Reform, Derrida.
Kepastian Hukum Bagi Kreditur Sehubungan Pelaksanaan Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Yang Berdampak Kerugian Finansial Puspitasari, Dessy; Sahril, Iran; Nesseri, Jelly
Legalita Vol 6 No 2 (2024): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v6i2.1470

Abstract

The Constitutional Court Decision Number 18/PUU-XVII/2019 has brought changes to the execution process in fiduciary guarantees, making the creditor's position change before the birth of the decision. The existence of requirements for creditors in executing fiduciary security objects and determining defaults has changed, resulting in creditors not being able to immediately execute fiduciary security objects. This raises issues related to the certainty of the creditor's right to execute the fiduciary security object.The formulation of the problem in this research is how the Legal Consequences for Creditor Regarding the Implementation of Fiduciary Guarantee Execution After the Decision of the Constitutional Court Number 18/PUU-XVII/2019 Which Affects Loss Constitutional Court Decision Number 18 / PUU-XVII / 2019 Which Impacts Financial Losses and how Legal Certainty for Creditors in Connection with the Execution of Fiduciary Guarantees Financial Losses and how is Legal Certainty for Creditors in Connection with Implementation of Fiduciary Guarantee Execution After the Constitutional Court Decision Number 18/PUU-XVII/2019 Which Impacts Financial Losses. Theories used Legal Effect Theory and Legal Certainty Theory are used.
Saving by Understanding The Needs of People With Disabilities During Natural Disasters: A Scoping Review Palenewen, Lucky Albertus
Journal of Nursing Science Update (JNSU) Vol. 12 No. 2 (2024): November
Publisher : Department of Nursing, Faculty of Health Sciencce, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.jik.2024.012.02.06

Abstract

Natural disasters significantly increase the vulnerability of individuals with disabilities, resulting in a two to four times higher risk of death or injury compared to the general population. Research indicates they often have fewer resources, lower disaster preparedness, and are less likely to maintain household disaster kits, create evacuation plans, or participate in emergency drills. This scoping review aims to synthesize the essential needs of individuals with disabilities when confronted with natural disasters. The authors employed four databases—Wiley, ProQuest, Google Scholar, and Science Direct—to source relevant articles on the needs of individuals with disabilities in disaster scenarios. Following a quality appraisal per the PRISMA guidelines, twelve articles published between 2019 and 2024, accessible in full text and written in English, were selected from the various databases. The findings reveal that individuals with physical disabilities present diverse functional limitations that lead to distinct needs based on the type and level of disability. Among the primary necessities identified for individuals with disabilities in preparing for disasters are establishing social networks, access to pertinent information, 24-hour care services, providing evacuation equipment and tools, and education, training, and disaster response manuals. Addressing these needs is crucial for minimizing the adverse effects of natural disasters and facilitating a positive response and effective recovery for individuals with disabilities.
Digital Data Collection of 3 kg LPG Purchasers - Transformation of 3 kg LPG Subsidy as Implementation of the Minister of Energy and Mineral Resources Decree No. IX. 37.K/KMG.01/MEM.M/2023 Gintings, Irto Petrus; Suryanti, Nyulistiowati
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42158

Abstract

The energy needs, especially for subsidized LPG 3 kg, have increased by more than 700% compared to the initial program of kerosene-to-LPG conversion in 2007. The distribution of 3 kg LPG is now widespread across almost all of Indonesia. Currently, 95% of LPG usage is subsidized category. As a result, subsidies for 3 kg LPG have consistently risen annually. Meanwhile, the price gap between subsidized and non-subsidized LPG has widened, leading to widespread illegal filling practices. Ironically, eligible citizens often struggle to obtain 3 kg LPG. Due to broad criteria allowing almost anyone to purchase it. This study aims to analyze government policies aimed at more targeted subsidy transformation. Utilizing a juridical-normative research method, it examines the regulations governing the distribution of 3 kg LPG and the underlying policies for subsidy transformation. The desired outcome is for the government to ensure that the subsidy for 3 kg LPG reaches its intended targets through adequate regulations. Revision of Presidential Regulation 104/2007 is deemed necessary to clarify criteria for 3 kg LPG users and enable effective implementation. Ministerial Decision No. 37.K/MG.01/MEM.M/2023 mandates businesses to gather buyer data via web-based applications, enabling cross- referencing with welfare rankings from relevant ministries/agencies based on buyer names and addresses. The digitalization effort by government-appointed entities in data collection for 3 kg LPG buyers aims to ensure that subsidies reach the eligible Indonesian citizens.
Legal Clarity for Sharia Lodging Businesses through Sharia Certification Rasmuddin, Rasmuddin; Umar, Wahyudi; Sudirman, Sudirman; Lambooy, Tineke
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.18635

Abstract

The development of the Sharia business in Indonesia has become the most potential business not only in Islamic banking but also the non-Islamic bank financial industries, such as Islamic insurance, Islamic pension funds, Islamic finance companies, Islamic bonds (sukuk), Islamic mutual funds, and even Islamic lodging. This phenomenon makes the Sharia "label" as a trend. This research aims to analyze the urgency of Sharia certification in the Sharia lodging business in Indonesia. The method used is a type of normative legal research with statutory approaches, case approaches, and conceptual approaches. The results of this study indicate that the urgency of Sharia certification in the Sharia lodging business is to maintain the image of Islamic teachings and to provide certainty to consumers. This is because the application of Sharia in business institutions bearing the Sharia label still shows that the concept of Sharia understood by these business institutions still seems partial/not kaffah (total). Besides that, the Sharia "label" in the lodging business is used mostly as a brand or company brand. Therefore, it is high time for Sharia lodging certification to be carried out, like the halal label certificate on food products
Historical Study of the Neutrality Arrangements of the State Civil Apparatus in General Elections in Indonesia Sarnawa, Bagus; Khaer, Fawaz Muhammad
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.22618

Abstract

This research aims to determine the neutrality regulations of civil servants in general elections. To achieve this goal, analysis was carried out on secondary data or library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. To complete secondary data, interviews were conducted with sources consisting of experts in the field of civil service law and general elections, as well as practitioners such as the State Civil Service Agency, the State Civil Service Commission, and the General Election Supervisory Agency of the Republic of Indonesia. This research applied a statute approach and combined it with a historical approach and a conceptual approach. The results of the research showed that from 1966 until now, the regulation of the neutrality of the State Civil Service in general elections has undergone changes in the subject and object of its regulation. However, this arrangement has not been able to guarantee the neutrality of the State Civil Service in general elections. This is inseparable from the political system, which does not yet support the realization of neutrality of the State Civil Service in General Elections.
KONSEP KEWENANGAN DALAM PERSPEKTIF HUKUM PERDATA Zamroni, Mohammad
Mimbar Hukum Vol 36 No 2 (2024): Mimbar Hukum
Publisher : Faculty of Law, Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/mh.v36i2.13000

Abstract

Abstract Authority is generally always based on attribution, delegation, and mandate, which are sources of authority in administrative law. The concept of authority does originate from administrative law, but the concept of authority is also known and used in the scope of civil law. The problem is that the theory of authority from the perspective of administrative law is often applied in the scope of civil law, despite the difference in subject and object of authority. So, there is a logical fallacy and discrepancy. This research aims to analyze the concept of authority from the perspective of civil law and compare it with the concept of authority from the perspective of administrative law. The approaches used in this research are the statutory approach and the conceptual approach. The results of this research found that authority from the perspective of civil law, in addition to being obtained through attribution, delegation, and mandate, can also be obtained naturally and artificially through contracts, articles of association, power of attorney, and zaakwaarneming. Abstrak Pada umumnya kewenangan selalu disandarkan pada atribusi, delegasi, dan mandat, yang merupakan sumber kewenangan dalam hukum administrasi. Konsep kewenangan memang berasal dari hukum administrasi, tetapi konsep kewenangan juga dikenal dan digunakan dalam lingkup hukum perdata. Permasalahan adalah teori kewenangan dalam perspektif hukum administrasi seringkali diterapkan dalam lingkup hukum perdata, padahal subjek dan objek kewenangannya berbeda. Akibatnya, terjadi kesesatan logika dan diskrepansi. Penelitian ini bertujuan untuk menganalisis konsep kewenangan dalam perspektif hukum perdata, dan membandingkannya dengan konsep kewenangan dalam perspektif hukum administrasi. Pendekatan yang digunakan dalam penelitian ini ialah pendekatan perundang-undangan dan pendekatan konseptual. Hasil dari penelitian ini menemukan bahwa kewenangan dalam perspektif hukum perdata, selain diperoleh melalui atribusi, delegasi, dan mandat, juga dapat diperoleh secara natural dan juga secara artifisial melalui perjanjian, anggaran dasar, surat kuasa, dan zaakwaarneming.
Co-Authors AGUS AGUS Alias, Nizamuddin Andrian Yogaparanatha, Andrian Yogaparanatha Aswanto, Aswanto Bagus Sarnawa BUDIYANTO Catharina Dewi Wulansari Dahliana Ketaren Daniel Tanati Daniel Tanati Daniel Tanati David Cahyadi, David Cahyadi Decky D. A. Wospakrik Dian Rahadian, Dian Doni Hanafi, Doni Hanafi Eddy - Pelupessy Eddy PELUPESSY, Eddy Edy Santoso, Edy Santoso Elias Hence Thesia Enijaya, Enijaya Eva Yuliza Farida Kaplele, Farida Febrianika Maharani Frans Reumi Frans Reumi, Frans G. M. I. Mamoribo, Margaretha Gintings, Irto Petrus Herry M. Polontoh Hetharia, Melkias Hilda M. Y. Krey, Thresia Hotlan Samosir Hotlarisda Girsang Ida Magdalena Awi, Sara Irianti, Y.D.W Susi Ivone Maryke Thesia Johan Rongalaha Johan Rongalaha Johan Rongalaha Juajir Sumardi Kadir Katjong Ketaren, Dahliana Krey, Thresia Hilda M.Y. Kristina Sawen Kristina Sawen Lambooy, Tineke Lily Bauw M. Polontoh, Herry M. Yusuf Maheswara, Mohamad Yuflih Huda Maman Sudirman Mamoribo, Margaretha G.M.I Manengkey, Victor Th. Marlissa, Elsyan R. Marthinus Mambaya Marthinus Solossa Maskun Melkias Hetharia Moses Nathanael Muannif Ridwan Muhammad Fauzan, Muhammad Fauzan Nur Asmarani Nur Asmarani, Nur Nurini Aprilianda Onesimus Sahuleka Onesimus Sahuleka Onesimus Sahuleka Pelupessy, Berd Elkiopas Pelupessy, Sella Petrix pondayar, yustus Pondayar, Yustus Puspitasari, Dessy Rahelia, Rahelia Raspan Hamdi Reba, William H. Reumy, Ludia Jemima I.R. Ringgi, Deppa Rongalaha, Johan Sahlan Sahril, Iran Sahuleka, Onesimus Samosir , Rendra Christian Samosir, Rendra Christian Sepna Fanny Silawati Silvester Magnus Loogman Palit Simanjuntak, Ayub Jose Luhut Parulian Sobardo Hamonangan Sobardo Hamonangan Solossa, Marthinus Sudirman Sudirman Supriyanto Hadi Supriyanto Hadi Supriyanto Hadi, Supriyanto Susi Irianti, Y.D.W Susi Susilawati Tanati, Daniel Tanggahma, Biloka Tom Alfa Samuel Reumi Usman Jayadi V. H. Baransano, Karel Victor Th Manengkey Victor Th Manengkey Victor Th. Manengkey Wahyudi Umar Wulandari S, Lestari Y.D.W Susi Irianti Yafeth Bano Yayan Sopyan Yeti Kurniati, Yeti Kurniati Yusak Elisa Reba Yustus Pondayar