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Juridical Overview of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty Thayeb, Satya Eka Syahputra; Bawono, Bambang Tri
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.294-305

Abstract

The purpose of this research to find out and analyze the juridical review of the land sale and purchase agreement orally in the conception of legal certainty. Research methods it uses the approach in this study uses an empirical juridical approach. Empirical juridical research is an approach to problems regarding juridical matters and the existing facts regarding juridical matters. Empirical legal research or sociological research is legal research that uses primary data. The results of the study determined that: 1. Juridical Review of the Oral Land Sale and Purchase Agreement in the Conception of Legal Certainty. Based on Article 1320 of the Civil Code regarding the conditions for a valid agreement, it does not regulate the form of an agreement, so that in making an agreement, the community is free to determine its form. Making an agreement in oral form is still valid, as long as it has fulfilled the legal requirements of the agreement stated in Article 1320 of the Civil Code. Oral agreements are also valid as long as there is no law that stipulates that the agreement to be made must be in written form, so that the oral agreement also has legal certainty in binding the parties who made it, for that if there is a default in the oral agreement, the oral agreement can be used as the basis to declare someone to be in default. 2. The Role and Authority of a Notary in Realizing Legal Certainty Against the Sale and Purchase of Land Conducted Orally. The role of a notary in making an authentic deed as regulated in Act No. 40 of 2004 concerning Notary Positions, based on this provision, the notary's authority in making the deed of sale and purchase of land has strong legal force because the authority is based on the law, so the deed concerned (in terms of binding sale and purchase of land/sales and purchase deed) can be used as a basis for authentic evidence by the parties if in the future there is a dispute regarding the object of the agreement as stated in Article 15 paragraph (2) letter f of the UUJN. 3. Example of Making a Deed of Sale and Purchase of Land.
The Mechanism for Issuing Property Rights Certificates by the Land Office based on Village Letter C (Case Study at BPN Kendal Regency) Afwan, Muhammad Bagus Satriyan; Bawono, Bambang Tri
Sultan Agung Notary Law Review Vol 5, No 4 (2023): December 2023
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v5i4.34245

Abstract

The state's recognition of land rights owned by legal subjects, which gives rise to control over land, makes the State obliged to guarantee legal certainty regarding land rights by registering land and issuing certificates as proof of land ownership. Before the certificate is issued, there is proof of ownership or control of land called a Copy of Letter C/Letter C, Girik, Petuk D or Kekitir. This research aims to: 1) determine and analyze the mechanism for issuing Ownership Certificates by the Kendal Regency Land Office based on Village letter C. 2) know and analyze the legal certainty of the Certificate of Ownership Rights based on Village letter C at the Kendal Regency BPN. This research uses an empirical juridical approach, namely by examining secondary data first and then continuing by conducting research on primary data in the field. Holders of certificates of land rights according to the law in force in Indonesia will have stronger rights claims, but the problem will not be that simple, because there is definitely the potential for land disputes. The process of issuing a certificate of ownership as strong evidence of ownership of land issued by the Kendal Regency Land Office is in accordance with applicable law in Indonesia. The results of the research show that the mechanism for issuing property rights certificates by the Kendal Regency Land Office, including systematic land registration for the first time through the National Agrarian Operations Project (Prona) through stages based on the laws and regulations in force in Indonesia , however, there are many requirements for the validity of a registration application. which was manipulated and indicated that there was an unlawful act. The legal certainty of the Certificate of Ownership issued by the Kendal Regency Land Office can still be contested. Heirs who object to the issuance of the certificate can file a lawsuit with the local court. The court will decide based on evidence that convinces the judge whether there is an unlawful act in issuing the certificate or confirming the issuance of the certificate.
The Community Participation in the Implementation of Diversion at Investigation Level Rahmawati, Dian; Bawono, Bambang Tri
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (662.997 KB) | DOI: 10.30659/ldj.3.4.808-818

Abstract

This study aims to determine the role of the community in the implementation of diversion at the level of investigation that is important as a way of resolving cases of children who are in conflict with the law. This research was carried out in the city of Semarang, Central Java by selecting institutions relevant to the problem in this journal, namely the Class I Penitentiary Semarang by using a research method in the form of the Sociological Juridical method. The research specifications used were descriptive analytical. The data sources were obtained from primary data sources and secondary data with data collection carried out by means of field studies by conducting interviews supported by literature studies. From the research conducted, the authors get the following results, The role of community members in implementing diversion is very important because apart from being mandated by Act No. 11 of 2012, community members also implement Community Based Corrections (CBC); community participation can increase the effectiveness and efficiency of the settlement of children's cases; Community participation in the implementation of diversion is an effort to protect children and protect the community itself.
The Injustice of Criminal Guidelines in the Act of Corruption Crime Margono, Margono; Bawono, Bambang Tri; Prayitno, Ahmad Hadi; Rimbawan, Andhika Yuli; Laksana, Andri Winjaya
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.359-374

Abstract

Corruption is an extraordinary crime that can damage the joints of the life of the nation and state. Corruption can cause various negative impacts, such as: reducing state revenues from the tax sector, reducing government spending in the education sector, resulting in low-quality infrastructure being built, slowing economic growth, causing government instability. The aims of this study is to find out about the injustice in the regulation of criminal guidelines for corruption crimes which makes the enforcement of corruption laws less strict in their punishment. The research method used normative juridical. The results of the study state that the Criminal Guidelines for Articles 2 and 3 of the Corruption Eradication Law in order to better cover other articles of corruption crimes and must change the criminal guidelines for very large losses must consider implementing maximum punishment in accordance with the criminal guidelines, the novelty produced for the criminal guidelines for corruption crimes must be regulated regarding the highest loss value must be adjusted to the heaviest punishment in accordance with the criminal guidelines in the Criminal Code.
Reconstruction of Pre-Trial Procedure Law Regulation Based on Justice Values Sari, Pebrina Permata; Wahyuningsih, Sri Endah; Bawono, Bambang Tri; Mashdurohatun, Anis
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.v8i1.8019

Abstract

The purpose of this study is to analyze and find related to pre-trial procedural law regulations that are not yet based on justice values, to analyze and find weaknesses in current pre-trial procedural law regulations, and to find a reconstruction of pre-trial procedural law regulations based on Justice Values. There are 3 (three) theories used, namely the Pancasila justice theory as a grand theory, the legal system theory as a middle theory, and the progressive legal theory as an applied theory. This research method uses a socio-legal approach method that law is both a norm and a behavior that examines social phenomena. The analysis of research data is descriptive qualitative. The location of the research was conducted at the Kuala Kapuas District Court. The data source is from the Judge at the Kuala Kapuas District Court. "Mistakes that are made repeatedly over a long period of time will turn into truth." This expression is appropriate in the practice of handling pre-trial cases. Since the birth of the pre-trial institution in Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP) 38 years ago, the practice of pre-trial seems to use civil procedural law. Such as summons and notifications are carried out by bailiffs. The stages of the process are similar to civil trial trials. Normatively, the Criminal Procedure Code does not strictly regulate pre-trial procedural law. In the Criminal Procedure Code, there is also no article that mentions pre-trial cases with civil case mechanisms. In addition, from the registration and use of case codes in the Court alone, it is clear that pre-trial is a criminal case. It is reasonable that until now the pre-trial examination mechanism only refers to the customs applied in court practice, because since the Criminal Procedure Code was formed it has been handed over to the regulatory mechanism based on court policy. Judges may not reject cases on the basis that there is no procedural law. With the assumption and approach that pre-trial cases have the same nature and characteristics as civil cases, the Judge uses examination procedures as in civil cases even though pre-trial cases are actually criminal cases as seen from the use of the register and code listed in the case number.
PERLINDUNGAN HUKUM ANAK SEBAGAI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL DI KEPOLISIAN RESORT TEGAL Bawono, Bambang Tri; Robbani, Ammar Ikbar
Jurnal Ilmiah Penelitian Mahasiswa Vol 3, No 4 (2024): Desember 2024
Publisher : Jurnal Ilmiah Sultan Agung

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

Abstract

Kekerasan seksual atau Pelecehan seksual merupakan suatu tindakan yang sangat sudah tidak asing di telinga penduduk indonesia ,perbuatan ini sangat sering terjadi di masyarakat dan juga lingkungan terdekat kita . Pihak yang sering sekali menjadi Korban kekerasan seksual adalah perempuan dan juga anak oleh sebab itu penelitian ini bertujuan untuk mengetahui serta menganalisis bagaimana perlindungan hukum terhadap korban kekerasan seksual kepada anak oleh Polres Kab. Tegal .Serta apa saja yang harus di dapatkan oleh korban kekerasan seksual pada anak , bagaimana menangani korban ,hak hak apa saja yang dimiliki oleh korban ,dan mengetahui apa saja hambatan yang dialami Kepolisian dalam melakukan perlindungan hukum terhadap korban kekerasan seksual serta apa saja solusi yang di berikan oleh kepolisian resort kabupaten tegal. Metode penelitian yang digunakan adalah metode pendekatan yuridis sosiologis, yaitu suatu penelitian Dimana penelitian tersebut menekankan pada ilmu hukum serta penelitian lapangan, tetapi disamping itu juga mengaitkan kaidah-kaidah hukum yang berlaku di dalam masyarakat. Spesifikasi penelitian hukum yang akan digunakan dalam penulisan ini adalah penelitian deskriptif, yaitu penelitian yang bertujuan untuk memperoleh gambaran (deskripsi), lengkap tentang keadaan hukum yang berlaku di tempat tertentu. Metode penelitian ini menggunakan pendekatan yuridis sosiologis yang menggunakan data primer namun tetap mengacu pada data sekunder. Sumber data yang diperoleh yaitu melalui penelitian lapangan (wawancara) dan penelitian pustaka. Analisis data menggunakan metode deskriptif kualitatif. Penelitian ini bertujuan untuk mengetahui bagaimana proses perlindungan hukum bagi anak korban kekerasan seksual yang diberikan oleh pihak Unit Pelayanan Perempuan dan Anak (PPA) di Polres Tegal dan juga mengetahui hambatan-hambatan yang diterima oleh Polisi dalam proses pemberian perlindungan hukum, serta mengetahui solusi untuk mengatasi hambatan-hambatan tersebut. Berdasarkan hasil penelitian dapat ditarik kesimpulan bahwa, proses pemberian perlindungan hukum terhadap anak korban kekerasan seksual di Unit Pelayanan Perempuan dan Anak (PPA) Polres Kab. Tegal sudah berjalan dengan baik dan sudah sesuai dengan aturan yang berlaku, tetapi masih ada hambatan yang sering diterima oleh Polisi dalam memberikan perlindungan hukum bagi anak korban kekerasan seksual yaitu dalam hal alat bukti atau saksi, tidak adanya saksi semakin mejadikan sulit untuk terangnya sebuah perkara. Namun Polisi sudah menemukan solusi untuk mengatasi hambatan tersebut yaitu dengan memberikan dua cara dalam pelaporan yaitu yang pertama dengan membuat laporan langsung ke SPKT Kepolisian disertai dengan membawa saksi, dan yang kedua dengan membuat surat pengaduan ke kantor kepolisian terdekat hal ini bisa dilakukan apabila tidak adanya saksi.Kata Kunci: Perlindungan Hukum, Anak, Korban, Tindak Pidana, Kekerasan Seksual
Law Enforcement against Perpetrators of Sexual Violence Crimes Committed by Children Bawono, Bambang Tri; Saktiawan, Muhammad Dias
Research Horizon Vol. 5 No. 2 (2025): Research Horizon - April 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.2.2025.479

Abstract

The large number of cases of sexual violence that occur in the world, especially in Indonesia, is certainly an irony that must be resolved together.  The reason is, the increasing number of sexual violence rimes hows that criminal law as a way to prevent and overcome crime is not running as it should. The type of research used in this study is sociological legal research whose data will later be analyzed using qualitative data analysis. Law enforcement efforts against perpetrators of crimes against children should be carried out more through the restorative justice or diversion method by prioritizing the child's future.  The implementation of diversion against children as perpetrators of crimes, it is ecessary to explain the requirements for implementing diversion in the form of a threat of less than seven years. This is because the imposition of criminal sanctions for criminal acts cannot be separated from the minimum and maximum threats, so that the implementation of diversion which can only be carried out under seven years results in legal uncertainty.
The Efforts to Prevent and Overcome Criminal Acts of Money Politics Bawono, Bambang Tri; Laksana, Andri Winjaya
International Journal of Law Society Services Vol 5, No 1 (2025): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v5i1.43995

Abstract

One of the problems that often plagues the Indonesian nation is related to the crime of money politics. The crime of money politics is one of the ironies that has never been resolved to this day. In fact, the occurrence of these crimes is carried out simultaneously by the community. The type of research used in this study is sociological legal research using a qualitative approach. The results of the study state that the legal construction of the crime of money politics in the concept of legal certainty has been regulated in Government Regulation in Lieu of Law (Perpu) No. 1 of 2022 concerning Amendments to Law No. 7 of 2017 concerning General Elections and Law No. 6 of 2020 concerning Perpu No. 2 of 2020 concerning the Third Amendment to Law No. 1 of 2015 concerning the Stipulation of Perpu No. 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law. While efforts are being made to combat the occurrence of money politics, it is necessary to reconstruct that recipients should be allowed to receive money politics, but what is prohibited is only related to openly saying to choose a candidate for leader because it is contrary to the principle of secrecy.
Legal Analysis of the Application of Criminal Sanctions Against Perpetrators of Aggravated Theft Based on Pancasila Justice (Criminal Case Study Decision Number: 170/Pid.B/2024/PN.Skt) Sutadharma, Putu Andy; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46184

Abstract

The background of the problem began with the rampant corruption cases in the Village Credit Institutions (LPD) in Bali. LPD management that deviates from the provisions of laws and regulations is prosecuted as a criminal act of corruption. The dilemma in imposing a replacement fine on LPD corruption cases in Bali is interesting to study further. If the replacement money is paid to the State Treasury, the state's loss in this case the LPD's loss is irrecoverable. Several judges' decisions impose a replacement fine with the order that reads "Ordering the defendant to pay the replacement money to the State Treasury cq LPD". The implementation of the replacement fine is open to multiple interpretations and tends not to side with the community/krama who are victims of the corruption. This study uses a normative legal research method. The results of this study aim to solve the issue of criminalizing replacement money for corruption crimes that occurred at LPD in Bali from the perspective of state losses, in this case LPD losses, where the victims are LPD customers/krama. That there are still many other similar decisions that include the injunction, namely imposing a replacement monetary penalty that is deposited into the State Treasury cq. LPD Cash. It is implied that the purpose of the replacement monetary penalty from the verdict which states that it is deposited into the State Treasury cq. LPD Cash is intended to recover state losses in this case suffered by the community as LPD customers themselves. It appears that the regulation of replacement monetary penalties as stipulated in Article 18 paragraph (1) letter b for defendants in the perspective of corruption crimes in LPD in Bali, the legal norms are vague or unclear (unclear of norm/vague van de normen). The solution to this unclear legal norm requires interpretation or interpretation for law enforcers, especially judges, in imposing additional criminal sentences whose purpose is to replace state losses in this case LPD losses.
Effectiveness of Coordination and Supervision of the Corruption Eradication Commission in Preventing Criminal Acts of Corruption and Misuse of Regional Assets (Research Study on the Deputy for Coordination and Supervision of the Corruption Eradication Commission of the Republic of Indonesia) Marvelous, Marvelous; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46076

Abstract

The Corruption Eradication Commission has a duty to prevent corruption. One of the deputies that has the duty to prevent corruption is carried out by the Deputy for Coordination and Supervision. Prevention of corruption is very important for the KPK to do by coordinating with other agencies in the regional government. Coordination between law enforcement and the regional government must have a positive impact on reducing the number of corruption cases. The form of implementation is the prevention of corruption against regional assets. Regional assets are in the form of land controlled by third parties. As in the case of the Sorong City Regional Government. That in the case of the former land of the Agriculture Service located on Jalan Jenderal Sudirman (in front of the Sorong City District Court), Melawai Village, Manoi District, Sorong City, West Papua Province, the type of livestock land is 1712 M2 with a Certificate of Use Rights Number 306 dated September 8, 1984 which is controlled by a third party. Therefore, the Sorong City Regional Government coordinated with the Deputy for Coordination and Supervision of the KPK in an effort to regain the rights to the regional government assets. The problem raised in this study is how the implementation of KPK coordination and supervision in preventing criminal acts of corruption in the misuse of regional assets. And how effective is the coordination and supervision of the KPK in preventing criminal acts of corruption in the misuse of regional assets. The research method used in this study is sociological normative legal research. This study uses an effectiveness approach. This study uses primary data and secondary data. The data collection method uses interviews and literature studies with analytical descriptive research specifications and analysis methods using evaluative analysis. The results of the study show that collaboration and coordination between the KPK and the regional government are the keys to success in preventing misuse of regional assets. The role of the Deputy for Coordination and Supervision of the KPK is very central in preventing criminal acts of corruption. In preventing criminal acts of corruption, the Deputy for Coordination and Supervision coordinates with the Regional Government, Prosecutor's Office and Police to save regional assets. Coordination between law enforcers is a crucial element in realizing effective, efficient and equitable legal certainty. Obstacles affecting the coordination and supervision of the KPK in preventing misuse of regional assets include the lack of integration of regional asset data, weak commitment of regional governments, overlapping authority between institutions, and limited human resources and technology. In addition, there is still a bureaucratic culture that is less responsive to supervision and low anti-corruption awareness at the regional level.
Co-Authors Abas, Devi Nurfadillah Adiyanto, Hanif Ady, Sigit Priambodo Afwan, Muhammad Bagus Satriyan Agustina, Ita Sahara Alfani, Safri Sendi Andri Winjaya Laksana, Andri Winjaya Andriyanto Andriyanto Anis Mashdurohatun Anny Rosiana Masithoh Danianto, Iswar Dewi, Nurcahya Sukma Kusuma Dian Rahmawati Diana, Della Ochta dwi wahyono Eko Soponyono Irwan Irwan Jawade Hafidz Jumades, Achmad Kurniati, Novita Kusumabrata, Dhandy Armanda Luthfi Siregar, Muhammad Margono Margono Marvelous, Marvelous Mashdurohatun, Anies Muhamad Yamin Novita, Puteri Mela Prayitno, Ahmad Hadi Ramadhan, Syaiful Nur Aditya Ramadhani, Syifa Utari Ranti, Mai Ridwan, Muhammad Hidayat Rimbawan, Andhika Yuli Riyanto, Taufan Fajar Rizqiansyah, Arif Robbani, Ammar Ikbar Saktiawan, Muhammad Dias Saputra, Rizal Alamsyah Hadi Sari, Pebrina Permata Shallman, Shallman Sri Endah Wahyuningsih Sutadharma, Putu Andy Thayeb, Satya Eka Syahputra Tiyas Vika Widyastuti Wijaya, Dwi Julianto Wulandari, Rezekista Yunendar, Brian Zulnaedi, Diki