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All Journal Jurnal Dinamika Hukum Jurnal Daulat Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung
Amin Purnawan
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HOMOLOGATION RECONSTRUCTION IN BANKRUPTCY THAT IS BASED ON DIGNIFIED JUSTICE Agus Winoto; Teguh Prasetyo; Amin Purnawan
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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

Abstract

Law No 37 Year 2004 on Bankruptcy and Liability Payment Postponement (PKPU) enables a debtor to come up with a settlement offer to the creditor, prior to or after bankruptcy, in order to pay for liabilities or end bankruptcy and PKPU. A settlement offer from a debtor, discussed and submitted after liability verification, which has been agreed and approved by both the debtor and the creditor must first be legalized by a panel of judges that decide on the case. This will give the settlement offer a fixed and binding legal status. Hence, it can be executed. However, the panel of judges do has the right to legalize a settlement offer agreed and approved by both the debtor and the creditor, as stipulated in Article 159 subsection (2) and Article 285 subsection (2) of Law no 37 Year 2004. This right to deny legalizing a settlement offer is against the universal principles of agreement, especially concerning mutual agreement, pactasuntservanda, freedom of contract, and common justice. The issues discussed in this research include (1) Why legalizing a settlement in the bankruptcy law does not reelect justice? (2) What are the consequences of legalizing a settlement in the bankruptcy law that does not reflect justice? (3) What is the law construction for legalizing a settlement in the bankruptcy law that is based on the values of justice? The method employed was judicial sociology. Data were collected from interviews, observations, and documentations. Those data were then analyzed using the interactive analysis method.  Results show that (1) Legalizing a settlement in both the bankruptcy law and PKPU is not yet based on justice values, especially the value of dignified justice based on Pancasila, namely Principles, 2, 4, and 5. (2) Hindrances in legalizing a settlement among others are; the agreement between a debtor and all creditors or most/the majority of creditors in a settlement offer is not recognized by the panel of judges; It is against the universal principles of agreement, especially the freedom of contract, the principle of pactasuntsevanda, and mutual agreement, and it does not recognize the deliberation between both the debtor and creditors, which is presided by a curator and a supervising judge and is in line with Principle 4 of Pancasila. (3) There needs to be a reconstruction for the ideal values of legalizing a settlement in bankruptcy law and PKPU, based on the values of dignified justice, that is aimed at protecting all parties involved in the settlement and PKPU.  Keywords: legalizing a settlement, bankruptcy law, PKPU, dignified justice 
REKONSTRUKSI SISTEM PEMUNGUTAN PAJAK PENGHASILAN (PPH) BADAN BERBASIS NILAI KEADILAN Amin Purnawan
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.260

Abstract

Fairness in taxation policy can be viewed from: first, the equilibrium relationship between tax authorities and taxpayers,  secondly, equitable allocation of the tax burden on various segments of society according to his ability. Corporate income tax collection system did not reflect the sense of justice because the application of the single rate system of corporation tax burden caused injustice, and the authority of the tax authorities are still too broad. It needs political reconstruction based corporate income tax law of justice based on Pancasila, through structuring and strengthening aspects of philosophy, the subtance and structure of tax law. Progressive tax law by using a new paradigm is expected to display the figure of taxation more equitable and humane, so as to promote awareness of voluntary compliance from tax payer, followed by transparency and responsibility of countries to achieve people’s welfare. Keywords: Reconstruction, Corporate Income Taxes, Juctice
Law Enforcement Of Crime Operation Power Installation Without Certificate Of Operations Eligible Under The Constitutional Court Decision Number 58 / Puu-Xii / 2014 (Overview Against Article 54 Paragraph 1 Of The Act Number 30/2009) Alfian Faulia Numairi; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5551

Abstract

Electricity policy in encouraging the ease of trying to become the hope of many parties. Act Number 30 of 2009 on Electricity requires that any electrical installation has the operational acceptance certificate (SLO). Based on the operational acceptance certificate as a prerequisite for enjoying the flow of electricity, as a discrimination against citizens and compounded by the threat of imprisonment related to the waiver provisions. The Constitutional Court is authorized to reconcile the justice seekers in the nation's leading citizens equal rights and away from discrimination. This study departs from problems such as the following: 1) How do criminal acts of law enforcement on power installations operate without a certificate of operation acceptance; 2) What factors affect the law enforcement of criminal acts operating electric power installations without a certificate of operation worthiness.This study uses empirical juridical approach to the type of descriptive analytical research. Data used by researchers there are two types of primary and secondary data. Primary data were obtained through interview and secondary data obtained by the engineering literature study.Based on the results, it can be explained that: 1) Law Enforcement Crime operate Installation Power Without Eligible Certificate of Operation, originated from Central Java Police open investigation investigators through interviews, with the results known to the criminal offense of electricity. Further enhanced the status of the investigation into the investigation process. At this stage of the prosecution, the public prosecutor indicted the suspect in the first alternative charges which violates Article 49 paragraph (2) or second violation of Article 54 paragraph (1) of Act Number 30 of 2009. 2) The factors that affect law enforcement Crime operate Installations power Without Eligible Certificate of Operation is the socialization factor that is still weak, criminals who do not know about the legal norms in Act Number 30 of 2009,Keywords: Criminal; Operational Acceptance Certificate; Electricity
Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made Fajar Fitrio Dwi Nugroho; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8384

Abstract

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.
Legal Protection Of Participants Applications For Land Certificates Through Complete Systematic Land Registration (PTSL) In Blora Regency Sriyono Sriyono; Amin Purnawan
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8431

Abstract

The ATR / BPN Ministry launched a Systematic Complete Land Registration (PTSL) as a National Priority Program. This program is intended for middle to low income groups who can have land rights certificates at a low cost, as well as to provide legal certainty guarantees to holders of land rights. One important thing that must be considered in the implementation of PTSL is the availability of laws and regulations that protect the PTSL process and products. The formulation of the problem in this research is what is the form of legal protection for participants in a complete systematic land registration program (PTSL) in Blora Regency. The method used is sociological juridical. The specifications in this study are descriptive analysis. The data used for this study are primary and secondary data obtained from the field observation, interviews, and literature study methods. Based on the research concluded with the Regulation of the Minister of Agrarian Spatial Planning / Head of the National Land Agency Number 6 of 2018 On Complete Systematic Land Registration if there are parties who feel their interests are harmed, they can submit an objection to the official who issues the discretionary decision.Keywords: Legal Protection; Land Rights Certificate; Complete Systematic Land Registration.
The Role Of Visum Et Repertum As A Provision Effort On Criminal Financing Lilik Eko Sukaryono; Amin Purnawan
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8408

Abstract

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late. Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.
Gap State Finance Law In General Services Agency Regional (Blud) The Potential To Cause Corruption Crime Risky Eko Novi Artanto; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5640

Abstract

This research is motivated persistence of financial irregularities in the management of Public Service Agency (BLUD) in the form of illegal action by way of irregularities contained in the establishment and administration of the managerial incentives that resulted in financial losses of any element of State. The purpose of this study is to analyze and explain the legal gaps in the State Treasury General Services Agency (BLUD) potentially Corruption. The method used in this paper qualitative descriptive case study case number Sprin. Evidence/ 314 / IV / 2018 / Reskrimsus, with normative juridical approach. Based on this research, that the financial legal gaps in the State Public Service Agency, which is used by the perpetrators of corruption is a way of cutting managerial remuneration or incentive structural officials Fiscal of 2014-2016 conducted by the offender, resulting in state losses of Rp. 4227319755.Keywords: Legal Loopholes; Public Finance; Corruption.
Implementation Of Withdrawal Of Retribution Based On Kudus Regency Regulation No. 14 Of 2012 On The Market Services Retribution In Kliwon Market Kudus Muhammad Yanuar Ilham; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5426

Abstract

Retribution is one source of local revenue. Levies are local taxes as payment for assistance.Regional service or certain special permits provided and/or supplied by Regional government for the benefit of personal or body. Retribution is very important to support local revenues, but in practice many factors that make the income retribution is less than optimal. Based on this it will be explained the problem in this research is the function of retribution, implementation and obstacles that occur in Kudus Regency Regulation No. 14 of 2012 on The Market Services Retribution In Kliwon Market Kudus. The method used in this research is empirical juridical approach, the research in the form of empirical studies to find theories about the process and about the workings of law in society. Data on the study was obtained through interviews with the Department of Trade and Traders in Kliwon Market Kudus. The results showed the actions taken by the government in addressing the factors that become obstacles in the collection of the retribution is to replace the system of retribution withdrawal which was initially carried out every day to every 30 days on the new law and issued a new policy that retribution withdrawal using E-Retribution. The government should make efforts to the training of personnel and development of merchant towing charges in the Kliwon Market Kudus. So that the withdrawal of the retribution more smoothly and does not disturb the optimization of revenue. Keywords: Implementation of Region Regulation; Market Retribution; Kudus Regency.
Criminal Sanctions On Illegal Logging Crime In State Court Of Semarang Muslich Ashari; Amin Purnawan; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8346

Abstract

The formulation of the problem discussed in this study were (1). How settings Criminal Law on Illegal logging?, (2). How Judges consideration in decisions on Illegal logging in State Court of Semarang?. (3). Are the constraints faced by the judge in deciding the case of Illegal logging?.This research used socio-juridical legal research, research data was taken by interview with the respondent judges handling crime of Illegal logging State Court of Semarang. This research use Qualitative analysis techniques.Conclusion of this study is illegal logging is a special crime and therefore their specific legislation governing of illegal logging, in Act No. 18 of 2013 on Combating And Preventing The Destruction Of Forests set of sanctions for Illegal logging in the form of punishment imprisonment for the perpetrators in the form of a sentence of imprisonment and fines, consideration of Judges in deciding the case of Illegal logging legally is appropriate that the elements are there that the perpetrator does not have a valid license from the clerk to do cutting trees in the forest area of Silayur, Judge obstacle in deciding the case of Illegal logging in the form of difficulties in distinguishing between illegal logging carried out by individuals and corporations, lack of special education for judges to handle crime of Illegal LoggingKeywords: Criminal Sanctions; Penalty; Illegal Logging.
An Implementation of Restorative Justice in Handling Cases of the Beatings Crime Ahmad Ali Ustadi; Amin Purnawan; Siti Ummu Adillah
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.162-169

Abstract

The purpose of this research is to find out and analyze the implementation of restorative justice in handling cases of beatings. To find out and analyze the obstacles that arise in the implementation of restorative justice in handling cases of criminal acts of beatings and their solutions. The method used was a juridical empirical legal approach and the specifications in this study were descriptive analytical. The sources and types of data in this study were secondary data obtained from library studies. The data were analyzed qualitatively. Based on the results of the research that the Implementation of Restorative Justice in Handling Cases of the Crime of Beating is repairing social damage caused by perpetrators, developing remedies for victims and the community, and returning perpetrators to society. This effort requires the cooperation of all parties and law enforcement officials. Obstacles that arise: Lack of community or environmental participation in finding a solution to a case so that they immediately report it to the police; The case handled by the police has been sent SPDP (Notice of Commencement of Investigation) to the District Attorney. The existence of a third party interest in resolving a case at the investigation level, Efforts to overcome Emerging Constraints: Entering cases that have been resolved by the community into the media with twisted words or asking the police leadership (Kapolda, Kapolres) either through the media as well as letters or communication tools.
Co-Authors Achmad Sulchan Adi Wiratmoko Agus Winoto Agus Yuliana Indra Ahmad Ali Ustadi Ahmad Khisni Akhmad Khisni Alfian Faulia Numairi Amir Akbar Nurul Qomar Andi Kusuma Mapareppa Andi Mohamad Akbar Mekuo Angga Hardityo Arif Nurcahyono Arpangi Arpangi, Arpangi Arya Fathurahman Aryani Witasari Beny Fajar Sanjaya Budi Santosa Cantika Putri Azzahra Catur Agung Bintoro Catur Budi Dianawati Chaerullah Wahyu David Ayank Kurniawan Dewa Bayu Lumanga Dewi Indrasari Diyono Diyono Dwi Fahri Hidayatullah Dwi Pratiwi Markus, Dwi EFTY HINDARU SUDIBYO Eko Nurhanafi Fajar Fitrio Dwi Nugroho Fikrina Setyo Rini Fitriani Machbub Galuh Sekar Widjayanti Hendro Kusuma Jaya Jaya Imam Firdaus Irmawati Irmawati Istiningsih Istiningsih Kanzu Khirzul Yaman Karolus Geleuk Sengadji Kiki Andriani Samad Lilik Eko Sukaryono M. Indah Verena Ferdiyanti Ma'ruf Akib Muhammad Heriyansyah Muhammad Yanuar Ilham Muslich Ashari Muslich Ashari Prasetyo, Teguh Risky Eko Novi Artanto Serly Nurnaningsih Setyawati Setyawati Siska Septiyanti Siti Rodhiyah Dwi Istinah Siti Ummu Adillah Sriyono Sriyono Suci Harumi Sulistyo Utomo Tasmo Tasmo Tista Febrianti Tithos Briyan Pamungkas Sumanang Yunita Budi Chrissanni Zahren Zukri Alyafie