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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah BISNIS: Jurnal Bisnis dan Manajemen Islam Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung
Aryani Witasari
Faculty Of Law Universitas Islam Sultan Agung
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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STUDY LAW FIRM CAPITAL ROLE IN IMPROVING ECONOMY STATE VENTURA INDONESIA aryani witasari; Indah Setyowati
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4363

Abstract

Venture capital is one of the financial institutions whose existence is still relatively new. Institutional and formal venture capital is a new venture there after the release of Presidential Decree No. 61 of 1988 on Financing Institutions and MoF No. 1251 / KMK.013 / 1988 on Conditions and Procedures for Financing Institutions. Both this regulation represents a milestone development of the venture capital law.This research uses descriptive analytical approach, using normative juridical approach or approaches normative-legal method research approach, or by Zainudin called normative legal research or doctrinal legal research, namely legal research using secondary data.The role of venture capital firms is very strategic, Venture capital has a great potential to contribute to business development. Small companies which have good prospects but do not have enough capital and do not have access to banks can thrive with the support of capital from venture capital. With venture capital, the new company would like to start a business activity could also be easily run business originally.In the mechanism of venture capital, there are at least three elements that are directly involved, namely: capital owners who want a high profit from its equity. Capital from various sources or investors are collected in a container or a special institution established for that purpose; or so-called venture capital funds.
PERSPECTIVE OF MEDIATION EFFECTIVENESS THEORY AS MAIN OPTIONS IN ORDER TO LOWER DIVORCE RATE Masrur Ridwan; Aryani Witasari; Ahmad Hadi Prayitno
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.16065

Abstract

The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in household cases have been pushed to take advantage of mediation institutions from an early age. The five elements according to effectiveness theory related to mediation as the main choice in suppressing the divorce rate well done.
PERLINDUNGAN HUKUM PENGGUNA JASA ELECTRONIC BANKING (E-BANKING) DI TINJAU DARI PERSPEKTIF HUKUM PIDANA DI INDONESIA Aryani Witasari; Aris Setiono
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i1.1422

Abstract

Crime e-banking frequent one ATM card forgery. The perpetrators made a complete fake ATM cards with a magnetic stripe that already contains data records of card fraud. In addition to falsify the card, the perpetrators also know the PIN number of the card is duplicated / forged. ATM card forgery or duplication can be done because the necessary equipment to do so can be easily obtained in the market. This study uses normative legal approach by researching library materials or secondary data only, which relates to the legal protection of e-banking customers in the perspective of criminal law, using the approach of legislation, conceptual and historical. The study says that the legal protectiongiven to customers when there is a loss in e-banking transactions are bank provides its customers the facility if the losses caused by the e-banking, the bank facilitates its customers by providing legal assistance in litigation and non-litigation. 2) The legal protection of the victims of the features of e-banking in the standpoint of criminal law, is shared by the two concepts, namely the protection of the law implicitly and explicitly, of the concept of legal protection that customers have the force of law if the victim of the implications that exist within an e -banking.
Absolute Properties of Arbitration Decision in Business Dispute Settlement Based on Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution Law Based on Justice Theory Perspective aryani witasari
Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i3.2325

Abstract

Article 2 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement indicates that dispute settlement or disagreement among parties in a certain legal relationship shall be the authority of the arbitration institution, if it has been agreed in an arbitration agreement. This research tried to criticize the concept of absolute nature of the arbitral decision in the settlement of business dispute in the perspective of the theory of justice. Method of data retrieval used in this research was by collecting literature study by studying data and analyzing the entire contents of library by linking to existing problems. The final and legally binding arbitral decision, if associated with Aristotle's corrective theory of justice, does not at all reflect the basic value of justice. This is indicated by not giving an opportunity for another party whose position is higher to correct the decision, whereas in the judicial system, the court as an ordinary court having legal status (legal statue) and legal authority (legal authority/legal power). Verdict the panel of judges can still be corrected through the usual remedies (appeals) and extraordinary reviews.
FAIR INMATE COACHING PATTERNS (A STUDY IN CORRECTIONAL INSTITUTION OF KEDUNGPANE SEMARANG) achmad sulchan; Akhmad Khisni; Aryani Witasari
Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i1.11124

Abstract

Correctional Institutions have a very strategic task as the most potential place in realizing the objectives of punishment with coaching. However, this cannot be realized without the awareness of the inmates themselves. To realize this, the Correctional Institution functions as an educational institution that provides useful training for inmates to create, produce, and excel. They have the same opportunity as other community members to be able to contribute as active and productive community members in development. Inmate coaching must also be beneficial for the person concerned during his/her imprisonment at the Correctional Institution of Kedungpane, Semarang, and after completing the imprisonment, returning to the community. Thus, the fair coaching pattern of inmates is implemented with the correctional system and, basically, a situation/condition that allows for the realization of correctional objectives in accordance with the definition of coaching i.e. the process carried out by the Correctional Institution to inmates. For better and fairer coaching without any discrimination, the Corrections Institution should carry out its main duties as stipulated in the "Ten Correctional Principles". This study is based on the legal positivism concept, which states that norms are written, made and promulgated by state authorities, and uses a qualitative method to produce a description of the fair coaching pattern at the Correctional Institution of Kedungpane, Semarang.
Analysis of Legal Protection Measures on Children’s Rape Victims through Child Criminal Judicial Mechanism Mohamad Andi Rochman; Aryani Witasari; Peni Rinda Listyawati
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.239-246

Abstract

The purpose of this study is to examine, identify and analyze the concept of the fulfillment of the rights of victims of protection in the judicial process of criminal acts of child molestation progressively. The approach method used in this research is sociological juridical. The specification of this research is descriptive analytical. Article 90 of the Juvenile Justice System Law concerning children who are victims of criminal acts of obscenity have the right to rehabilitation (Recovery to physical and mental and social medical, both inside and outside the Witness and Victim protection institution), Provision of Compensation (Restitution), and Providing compensation. In the process of investigating and prosecuting children's cases, in conducting an investigation of children's cases, investigators are required to ask for considerations or suggestions from community advisors. The process of examining children, apart from the absence of official attributes used in the trial, the difference between adult and child trials is the closed trial system. The examination process at the trial court, the judge in examining the child's case in the children's trial is declared closed to the public except for the reading of the verdict. The concept of the fulfillment of victim protection rights in the judicial process of child obscene crimes can be concluded progressively, namely first, Cross Examinitation. Second, the principle of fast, simple and low cost justice (systematic resocialization of the offender).
Effectiveness and Problems of Implementation of Assistance for Witnesses Novita Irma Yulistyani; Umar Ma'ruf; Aryani Witasari
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.4.1.61-68

Abstract

Proof of a crime, the evidence that must be met is at least 2 pieces of evidence. Evidence that must be submitted in proving a crime is evidence in the form of witness statements. Witness testimony will determine whether a crime can be proven or not before the trial. Considering the importance of witness testimony in proving a crime, it should be balanced with legal protection for witnesses, one of which is by providing assistance in the form of medical assistance, psychosocial rehabilitation and/or psychological rehabilitation. This study aims to answer the problems, namely: first, why is assistance needed for witnesses? second, has the implementation of providing assistance for witnesses been effective? Third, what are the problems faced in providing assistance for witnesses and what are the solutions? The research method uses sociological juridical with a legal research approach using secondary data as initial data, which is then followed by primary data in the field or on the community. Primary data was obtained by obtaining directly from the field through unstructured interviews, secondary data obtained through library research consisting of primary legal materials and secondary legal materials. Qualitative data analysis emphasized the analysis on the process of deductive and inductive inference as well as on the dynamics of the relationship between phenomena that observed using scientific logic. The research problems were analyzed using the theory of legal protection, the theory of legal effectiveness and the theory of justice. The results of the research and discussion of this study can be concluded that the reasons for the need for assistance for witnesses are because witnesses are very decisive evidence in the process of proving criminal cases, witnesses must be free and safe in giving testimony and many witnesses need medical assistance, psychological rehabilitation and/or or psychosocial rehabilitation. Regarding the effectiveness of assistance for witnesses, currently it has not been effective. This is due to the legal factors themselves, law enforcement factors and community factors. This is because there are problems from the lack of knowledge by law enforcement officers, the absence of rules that bind law enforcers, the absence of synergy between law enforcement agencies and the lack of socialization to the public regarding the assistance for witnesses.
Process of Investigation onCriminal Actions of Fake Reports by the Reserse & Criminal Unit Investigators to Prosecutor Rizki Andika Putra; Aryani Witasari; Deny Suwondo
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.4.1.108-115

Abstract

The aim of this research is to find out and analyze the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze the obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze efforts to overcome obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the Process of Investigating False Reports by Criminal Investigation Unit Investigators to the Prosecutor's Office is an investigator who submits a case file or the result of the report turns out to be false to the prosecutor's office, the prosecutor can return the case file or the results of the report to the investigator with instructions or directions from the prosecutor. Its office with coordination or cooperation between the police and the prosecutor's office. The resistance is the investigation of a criminal act of a false report takes a long time: in handling a criminal act of a false report by a defendant, it cannot be processed further if it only relies on information/confessions from the suspect, and if the case related to the crime of a false report has not been revealed or proven. Proving is difficult, it is difficult to prove the case in the investigation because in fact this case does not exist so that investigators must be more observant and patient in every collection of evidence. The solution is intensify every report or input from everyone about everything related to the problem of the crime of the false report. Increased awareness of new modes of crime.
The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed Edi Suarto; Gunarto Gunarto; Arpangi Arpangi; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.1-10

Abstract

This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.
Role & Responsibilities of Notary in Implementation of Association Registration Through the Online Legal Entity Administration System Abdul Hasim; Siti Rodhiyah; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.161-173

Abstract

This study aims to analyze: 1) The procedure for registering associations is through the online Legal Entity Administration System. 2) The role and responsibilities of a notary in carrying out the registration of associations through the online Legal Entity Administration System. The approach method in this research is a sociological juridical approach. The data used are primary data and secondary data obtained through interviews and literature study, data analysis was carried out in a descriptive analytical manner. The results of the study concluded: 1). The association registration procedure through the online Legal Entity Administration System is uncomplicated. The procedure begins with an application for ordering the name of the association through SABH www.ahu.go.id, then the application for legalization of the association's legal entity must be submitted by a notary with supporting documents submitted electronically. Supporting documents in the form of an electronic statement from the applicant. A statement letter containing the completeness of the association's establishment documents from the applicant. The Ministerial Decree concerning the legalization of the legal entity association is issued no later than 14 days. The period of time is calculated from the date of the statement of no objection from the Minister. The fee for ordering the name of the association is IDR 100,000, -, while for the ratification of the establishment of the association of IDR 250.000,-. 2). The role of the notary in carrying out the registration of associations through the online legal entity administration system is to order names and register the ratification of the association to the minister through the SABH. Notaries have an important role in managing the legal entity of the Association. People who need the legal entity ratification of the Association cannot access the SABH directly but must go through a Notary who has been registered in the SABH. This is because the notary plays a role in carrying out statutory orders so that the interests of the parties do not violate the law.
Co-Authors Abdul Hasim achmad sulchan Agus Supriadi Ahmad Hadi Prayitno Aji Sudarmaji Akhmad Khisni Akhmad Khisni Akhmad Mufasirin Akhmad Mufasirin Amin Purnawan Amin Purnawan Anak Agung Putra Dwipayana Angga Kusumah Ani Hilyani Hilyani Anindia Inka Saputri Anwar Saleh Hasibuan Ardito Yudho Pratomo Aris Setiono Aris Sophian Armina Dilla Zahirani Arpangi Arpangi, Arpangi Bayu Dwa Anugrah Beny Fajar Sanjaya Bonar Setyantono Bondan Satrio Bawono Chandra Kurniawan Christian Bagoes Prasetyo Danang Sucahyo Delvi Amalia Rosa Deni Dwi Noviandi Denny Suwondo Deny Suwondo Didi Wahyudi Sunansyah Dimas Sakti Wardhana Edi Suarto Eka Damayanti Damayanti Eliani Safitri Evie Pravitasari Fajar Fathan Fuadi Farhana Yahya Abdullah Farman Riantama Budi Fiana Zahroh Suciani Fidianto, Grahita Gunarto Gunarto Gunarto Gunarto Hapshary Noor Diansaputri Harinda, Khoirulika Nur Hengki Irawan Heri Mulyono Holyness Nurdin Singadimedja Indah Esti Cahyani Indah Setyowati Insan Al Ha Za Zuna Darma Illahi Ira Alia Maerani Irfan Iskhak Jawade Hafidz Junaidi Abdullah Justisia Pamilia Luberty Karolus Geleuk Sengadji Kustriyo Kustriyo M Farid Amirullah M.Gargarin Friyandi Ma'ruf, Umar Mahin Musyafa Masrur Ridwan Masrur Ridwan Masrus Ridwan Maulana Abdul Mujib Mochamad Rizqi Sismanto Mohamad Andi Rochman Monicha Rossalia Adigita Muchammad Qomaruddin Qomaruddin Muhammad Ali Maskun Muhammad Nur Aklif Muhammad Ramadhani Citrawan Muhammad Sholikul Arif Nanda Herawati Nariswari, Anindya Widya Ngadino Ngadino Nirwan Kusuma Noor Lailatul Izza Novita Irma Yulistyani Novitasari Novitasari Nur Muhammad Rajja Agung Peni Rinda Listyawati Risky Amalia Rizki Andika Putra Rondhiyah Dwi Istinah, Siti Rudi Hendri Basuki Siti Rodhiyah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Sri Endah Wanyuningsih Sri Kusriyah Sri Praptini Praptini Sukarmi Sukarmi Syafiera Amelia Tegar Firmansyah Tofan Alamsyah Umar Ma'ruf Umar Ma’ruf Widhi Handoko Widya Pratiwi Asmara Yeremias Tony Putrawan Yunus Rahendra Yustisiadi, Hakam