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Pramono, Aris Setyanto
Universitas Bina Bangsa
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ANALISIS HUKUM TERHADAP PERAN PEMERINTAH DAERAH DALAM PENGADAAN TANAH BAGI PEMBANGUNAN Safiulloh Safiulloh; Aris Setyanto Pramono
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.19

Abstract

Land is a gift of God Almighty for the people, the nation and the State of Indonesia, which must be cultivated, utilized, and used for the greatest prosperity of the people. This article examines the land procurement oriented to the creation of legal certainty of land procurement for local government. Methods Research used normative research methods with statutory approach and analytical or conceptual approach. The results of research indicate that local government has the right and authority to arange and manage its own regional government affairs according to the principles of regional autonomy, especially in terms of land acquisition for the implementation of development for the public interest. However, the authority given to each local goverment, the application must be in synergy with the central government program. If the existence of local government cannot be separated from the central government
TINJAUAN YURIDIS TENTANG KAWIN/PERNIKAHAN SECARA KONTRAK MENURUT IMPLEMENTASI PASAL 1320 DAN 1243 KITAB UNDANG-UNDANG HUKUM PERDATA (KUHPER) Aris Setyanto Pramono; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i2.50

Abstract

This study aims to determine whether or not a dispute over default can be resolved in a marriage or marriage that is carried out by contract. Because in the rules of the marriage law No.1 of 1974 there is no state that marriage is carried out with a certain time limit and the parties have certain purposes and clauses, and in religion as a marriage is carried out because on the basis of mutual love without any coercion and solely aims only to worship Allah Almighty / God Almighty. In one of the valid conditions in the contract or agreement in article 1320 of the Criminal Code is "lawful clause", meaning that the object promised is not an illegitimate item, not a prohibited thing either by state and religious law, so that the contract agreement whether biased is said to be valid or not and if one of the parties commits a default whether it can be said to be an unlawful act. In this study, the author used a qualitative analysis method, namely systematically compiling data obtained from interview results, field notes and other materials, so that it can be understood easily and the findings can be understood easily and informed to others. Marriage and marital problems that often occur in daily life such as infidelity, domestic violence, to the occurrence of actions that lead to criminal sanctions are something that we should not allow to continue to happen without efforts to prevent disputes, cases and conflicts of marriage or marriage. In this case, the Religious Court as the authorized body, makes efforts in resolving disputes, conflicts and marriage cases such as conducting mediation or bringing cases before the court
IMPLEMENTASI KEKUATAN MENGIKAT PADA PERJANJIAN HUTANG PIUTANG SECARA LISAN/DIBAWAH TANGAN DI TINJAU BERDASARKAN PASAL 1338 KUHPERDATA Aris Setyanto Pramono; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v3i1.55

Abstract

Accounts Payable Accounts payable is part of the socio-economic activities that usually occur in the community based on the need to meet household needs or business (business) capital. The person who borrows is called the debtor, who gives the loan is called the creditor. The problem is if the debt cannot be paid according to the agreement/agreement because the debtor is experiencing financial difficulties (financial). So the debtor who cannot pay is called a breach of promise (default) so that it can be billed and even sued. In religion, debts and debts are not an easy matter because they are obligations that must be fulfilled both by themselves and by their heirs because they can be brought to death. In general, a diwali debt transaction with an oral or written agreement/agreement is an agreement that contains the rights and obligations of both parties, and serves as evidence of settlement at a later date. In principle, every agreement must be carried out in good faith. And the agreement made by both parties applies as law for those who make it (the principle of pacta shun servanda). This article analyzes how a debt agreement was born orally or privately. Whether the agreement is legally declared valid and becomes binding law for those who make the agreement. With the debt agreement, which is only carried out verbally, if at any time one of the parties does not carry out its obligations "achievement" or is deemed to have failed to carry out its obligations "default" can be declared guilty and on the basis of any evidence when the debt-receivable agreement is carried out verbally only, so whether the agreement has the executive power to be able to take assets from one of the parties who are declared 'defaults' as a form of compensation for both the debtor (who borrows) and the creditor (who provides the loan).
PERLINDUNGAN HUKUM TERHADAP HAK ATAS INFORMASI KONSUMEN JUAL BELI ONLINE DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Andi Nurfadhila Brilyana Baso; Asnawi Asnawi; Aris Setyanto Pramono
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v3i1.61

Abstract

The development of the world in the modern era is increasingly widespread economic activity by utilizing the Internet as a medium of communication in electronic commerce or e-commerce as a medium of transaction. Every consumer according to Article 4 letter c of the Consumer Protection Act has the right to correct, clear and honest information. So information is an important thing for consumers, if the information is not conveyed correctly it is a violation by business actors against consumers. This research method is research using a statutory approach and a conceptual approach. Data collection techniques were carried out by means of literature studies and interviews. The primary data used is interviews with consumers who have experienced losses in online buying and selling transactions, while the secondary data used is Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 and the Civil Code. Based on the results of the research, referring to article 4, article 7 of the Consumer Protection Act and article 9 of Law Number 11 of 2008 concerning Information and Electronic Transactions that the granting of the right to information for consumers is an important element in consumer rights. Thus, legal protection of the right to consumer information has not been able to work properly because business actors are still ignoring their obligations and the lack of concern for business actors which results in non-fulfillment of guarantees for consumer rights
PENYULUHAN HUKUM PERJANJIAN BAGI HASIL DI BIDANG PERTANIAN ANTARA PENGGARAP DAN PEMILIK LAHAN (SAWAH) DI DESA KENCANA HARAPAN KECAMATAN LEBAK WANGI KABUPATEN SERANG Ujang Hibar; Mohammad Hifni; Aris Setyanto Pramono
Indonesian Collaboration Journal of Community Services Vol. 3 No. 2 (2023): Indonesian Collaboration Journal of Community Services
Publisher : Yayasan Education and Social Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53067/icjcs.v3i2.124

Abstract

Community service activities on the agreement of profit sharing in agriculture in Kencana Village, Lebak Wangi District, aim to provide an understanding to the community about the importance of this agreement in establishing socio-economic relations between landowners and tenant farmers. The agreement allows the tenant farmers to cultivate the land with the permission of the landowners, based on agreed conditions and profit sharing. The main objective is to create fairness in land profit distribution and provide legal certainty to both parties. The method of community service activities involves conducting legal counseling on profit sharing agreements. The focus of the activities is on the profit-sharing system or "penyakapan" in agriculture. This system involves landowners transferring their land to tenant farmers based on agreed conditions. The tenant farmers are responsible for cultivating and managing the land, while the landowners are entitled to a share of the agricultural produce. The conditions and percentage of profit sharing are typically determined through mutual agreement. It is expected that community service activities on profit sharing agreements in agriculture in Kencana Village, Lebak Wangi District, will contribute to the well-being of the community and local economic development. Through these agreements, it is hoped that good cooperation, fair profit sharing, and legal certainty will be established for all parties involved
Juridical analysis of traffic accident resolution using restorative justice at the Serang City Police Station Asnawi Asnawi; Pratiwi Aprilia Rahmawati; Aris Setyanto Pramono; Ayang Fristia Maulana
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4282

Abstract

Most Indonesian people use transportation, accidents often occur on the highway, there is a lack of public awareness of traffic, which results in accidents. The public must understand and obey traffic regulations properly. This research aims to analyze or examine the legal norms and regulations of restorative justice at the Serang City Police in completing deliberations between traffic accident victims, to examine the obstacles to implementing restorative justice in traffic accident cases. In this research, which I carried out directly, I used an empirical juridical research approach, namely taking data sources using a direct approach using observations and interviews at the Serang City Police Station. and uses primary data sourced from statutory regulations, as well as data from secondary legal materials including other expert opinions, journals of several expert opinions, and tertiary legal materials. Restorative justice is the implementation of a deliberative settlement outside of court. In resolving a traffic accident case that caused serious injuries at the Serang City Police, the perpetrator wanted to resolve it peacefully, through deliberation by providing guarantees to the victim with the aim of restoring the situation. The conclusion of this research is the implementation of restorative justice at the Serang City Police by means of a deliberative settlement outside of court between the perpetrator and the victim or the victim's family so that the perpetrator provides guarantees to restore the victim.
PERANAN BAWASLU DALAM PENANGANAN PELANGGARAN PEMILU TAHUN 2019 DI KOTA SERANG BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 Irwan, Devi; Asnawi, Asnawi; Pramono, Aris Setyanto; Maulana, Ayang Fristia
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v3i2.86

Abstract

Supervision of the implementation of elections in the city of Serang carried out by Bawaslu of Serang city is regulated in Article 101, Article 103 and Article 104 of Law Number 7 of 2017 concerning General Elections, in order to achieve direct, public, free, secret, honest and fair and quality elections in the city of Serang. In the 2019 elections, Bawaslu of Serang city recorded 10 election violations that occurred. Of the 10 violations, 6 violations were based on findings on the ground and 4 violations were based on reports of alleged election violations. Bawaslu of Serang city divides four types of violations in elections, namely: Violations of Election Administration, Violations of the Code of Ethics for Election Organizers, Election Crimes; and other Violations of The Law. This research uses an empirical juridical research approach. Empirical legal research or in other words is referred to as sociological legal research or field research, which is dotted with primary / basic data, namely data obtained directly from the first source through field research, which is carried out through interviews, observations (observations), or the dissemination of questionnaires. The role of Bawaslu of Serang city in dealing with election violations is in the form of receiving and following up on reports related to alleged election violations, examining and reviewing election violations and recommending the results of examinations and their assessments to relevant agencies, mediating or adjudicating, and resolving disputes in the electoral process,recommend to the relevant agencies regarding the results of supervision of the neutrality of all parties in the conduct of elections, request the necessary information materials to relevant parties in order to prevent and crack down on election violations and disputes over the electoral process and establish a sub-district panwaslu and appoint and dismiss members of the sub- district panwaslu, as well as exercise other powers in accordance with the provisions of the laws and regulations
ANALISIS YURIDIS WANPRESTASI DALAM PERJANJIAN PENGIKAT JUAL BELI TANAH DAN BANGUNAN DI TANGERANG: Studi Kasus Putusan Nomor 75/Pdt.G/2022/PN.Tgr Asnawi, Asnawi; Sari, Siti Bulan; Pramono, Aris Setyanto
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 4 No. 1 (2024): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v4i1.111

Abstract

The nature of buying and selling is clear and cash which is used as the basis for land and building buying and selling transactions. However, in practice, cash sales and purchases are not always carried out due to several reasons. Problems like this can be overcome by making a land and building sale and purchase agreement (PPJB). As in the case of buying and selling land and buildings in the city of Tangerang with a building use rights certificate, the seller no longer wants to continue the agreement after BPN issues a property rights certificate in the seller's name.               This research method uses the Normative method, using Primary, Secondary and Tertiary legal materials. The data collection techniques and procedures are using literature study, the data analysis method uses descriptive analytical methods which are qualitative in nature. This research aims to find out what factors can influence the occurrence of broken promises or default in land and building sale and purchase agreements, and also how judges consider in deciding these cases.               Factors that become a promise or cause of default are due to elements of negligence and deliberate action committed by the First Party as the Seller during the Land and Building Sale and Purchase Agreement. The basis for the judge's considerations used in this decision is decision no. 75/Pdt.G/2022/PN.Tgr. The judge decided that there had been a breach of promise or default in the sale and purchase of land and buildings, in accordance with the applicable law the agreement was null and void.             The conclusion of this research is that the defendant's actions can be described as inappropriate and serious in implementing the APJB so that based on the court decision the defendant was declared to have defaulted. The actions of the defendant or as the seller of the land and building were not cooperative by refusing to continue the PPJB sale and purchase of the land and building
PENYULUHAN HUKUM PERJANJIAN SEWA-MENYEWA BAGI UMKM DI DESA PAKUNCEN KECAMATAN BOJONEGARA KABUPATEN SERANG Pramono, Aris Setyanto; Safiulloh; Had, Hadi Haerul
Jurnal Akselerasi Merdeka Belajar dalam Pengabdian Orientasi Masyarakat (AMPOEN): Jurnal Pengabdian kepada Masyarakat Vol 2 No 2 (2024): AGUSTUS-NOVEMBER 2024
Publisher : UNIVERSITAS SERAMBI MEKKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32672/ampoen.v2i2.2159

Abstract

Usaha Mikro Kecil dan Menengah (UMKM) di Desa Pakuncen, Kecamatan Bojonegara, Kabupaten Serang, mengenai aspek hukum dalam perjanjian sewa-menyewa. Banyak pelaku UMKM di wilayah ini yang terlibat dalam aktivitas sewa-menyewa lahan, bangunan, atau peralatan untuk menjalankan usaha mereka. Namun, minimnya pengetahuan mengenai hak dan kewajiban yang diatur dalam perjanjian sewa-menyewa dapat menyebabkan terjadinya konflik atau kerugian di pihak UMKM. Penyuluhan ini memberikan informasi mengenai pentingnya perjanjian tertulis, unsur-unsur penting dalam perjanjian sewa-menyewa, serta cara menyelesaikan sengketa yang mungkin timbul. Selain itu, peserta juga diberikan contoh-contoh kasus dan solusi praktis yang dapat diimplementasikan dalam usaha mereka. Metode yang digunakan meliputi ceramah, diskusi, dan simulasi perjanjian. Hasil dari penyuluhan ini menunjukkan adanya peningkatan kesadaran hukum di kalangan pelaku UMKM tentang pentingnya perjanjian sewa-menyewa yang jelas dan sah. Diharapkan, pengetahuan yang diperoleh dari penyuluhan ini dapat membantu UMKM di Desa Pakuncen untuk menjalankan usaha mereka dengan lebih aman dan terhindar dari masalah hukum di masa depan.
Analisis Yuridis terhadap Perlindungan Hukum Konsumen dalam Transaksi Jual Beli Barang Bekas melalui Platform Online di Indonesia Pramono, Aris Setyanto; Safiulloh; Hadi, Hadi Haerul
Journal of Multidisciplinary Inquiry in Science, Technology and Educational Research Vol. 1 No. 4 (2024): AGUSTUS-OKTOBER 2024
Publisher : UNIVERSITAS SERAMBI MEKKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32672/mister.v1i4.2160

Abstract

The development of information technology has led to an increase in second-hand buying and selling transactions through online platforms in Indonesia. Although offering convenience and accessibility, these transactions also carry various risks, especially regarding legal protection for consumers. This study aims to analyze the juridical aspects of consumer legal protection in online buying and selling of used goods, with a focus on the applicable regulations and the challenges faced in their implementation. This study uses a normative juridical method with a legislative approach and case studies. The results show that despite the existence of various regulations designed to protect consumers, such as Law No. 8/1999 on Consumer Protection and Government Regulation No. 80/2019 on Electronic Commerce, the implementation of legal protection in the context of buying and selling used goods online still faces significant obstacles. The main problems found are the lack of transparency of information, the lack of supervision of sellers, and difficulties in enforcing consumer rights when disputes occur. This study concludes that more specific regulatory adjustments and increased supervision are needed to ensure more effective protection for consumers in buying and selling second-hand goods through online platforms. In addition, educating consumers about their rights and enforcing their rights is also needed.
Co-Authors Andi Nurfadhila Brilyana Baso Aslami, Iron Fajrul Asnawi Asnawi Asnawi Asnawi Ayang Fristia Maulana Faturohman, Faturohman Had, Hadi Haerul Hadi, Hadi Haerul Irwan, Devi Khairunisa, Annisa Mohammad Hifni Muhammad Ridwan Pratiwi Aprilia Rahmawati Safiulloh Safiulloh, Safiulloh Sari, Siti Bulan Ujang Hibar