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A Legal Assistance In Criminal Action Trial Process Akhmad Mufasirin; Aryani Witasari
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (641.845 KB) | DOI: 10.30659/ldj.3.2.346-352

Abstract

The purpose of this study was to analyze the form of legal aid in the criminal trial process. To analyze the forms of legal assistance provided by the Legal Aid Institute for victims. To analyze the obstacles to legal aid in the criminal trial process and its solutions. The method used by the researcher is a sociological juridical approach and the specifications in this study include analytical descriptive. Based on the results of the research that the form of legal assistance in the criminal trial process is to accompany the suspect/defendant at every level of examination, especially the level of prosecution and trial of criminal acts, so that human rights are guaranteed, during and after the trial and seek diversion of criminal cases so that the perpetrators of criminal acts get their rights. The forms of legal assistance that can be provided to victims by LBH, in the criminal justice process, start from assistance carried out when the victim starts reporting the case to the police until the case is decided in court. Constraints: In practice, the provision of legal aid that has been applied is only limited to the provision of legal aid as mandated by Article 56 of the Criminal Procedure Code. In the appointment of legal counsel for the Defendant based on the mandate of Article 56 of the KUHAP in the event that the Defendant is incapacitated who is threatened with a sentence of five years or more who does not have his own legal advisor, Judges often make stipulations on the appointment of legal counsel without knowing in advance whether the defendant is economically capable or not. Solution: Provide information on Posbakum services for the Defendant in the District Court. In this case, this can be done by placing an information board on the Posbakum service in front of the District Court Detainee or by providing a pamphlet containing information on the Posbakum service in the detention room.
Legal Policy for Management of Criminal Action of Narcotics in Low Education Bayu Dwa Anugrah; Aryani Witasari
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.939 KB) | DOI: 10.30659/ldj.2.4.456-464

Abstract

The objectives of this research are: To know and analyze how legal handling of narcotics crime among low education.To find out and analyze obstacles and solutions prevention of narcotics crime among low education. The results of this study areWays to Overcome the Law on Narcotics Crime Among Low Education, among others: 1) Preventive, namely policies that see the root causes of the main causes of crime through a social approach, a situational approach and a community approach to eliminate the elements of potential interference (Correlative Criminogen Factors); 2) Preventive (prevention), namely to form a society that has resistance and immunity to drugs. Prevention is better than eradication .; and 3) Repressive (repression), namely taking action against and eradicating drug abuse through legal channels and based on law, which is carried out by law enforcers or security forces assisted by the community. Internal obstacles are the lack of resources for sophisticated technology equipment to match the technological sophistication of drug network syndicates in distributing and producing drugs, while external obstacles that come from outside are the confusion of articles in the Narcotics Law regarding sanctions against victims of abusers, lack of participation and public participation as police intelligence to provide information and information in order to uncover and uncover cases of illicit traffic and narcotics abuse. Future efforts will be made to overcome obstacles in overcoming narcotics crime among low education. Drug Crime Unit personnel are given education or training on the use of technology so that they can use IT tools in order to detect narcotics offenders and networks; Narcotics Crime Unit personnel carry out vocational education in the field of combating narcotics crime. And the personnel of the Narcotics Crime Unit are required for investigators to continue their education to higher education so that their insight and understanding of the Narcotics Law can better understand so that they can carry out investigations into a more organized modus operandi.
Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects Angga Kusumah; Aryani Witasari
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (539.923 KB) | DOI: 10.30659/ldj.3.1.38-43

Abstract

The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public,
Legal Considerations Settlement Of Criminal Acquisition Of Land Hapshary Noor Diansaputri; Aryani Witasari
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (635.612 KB) | DOI: 10.30659/ldj.2.2.169-177

Abstract

One of the land conflicts that often occurs is the grabbing of land belonging to other people, whether intentional or unintentional, either by an individual or by a group of people. Land grabbing is a form of taking the rights of others against the law. This study aims to identify and analyze the factors that cause land grabbing, to identify and explain the form of legal arrangements for the crime of land grabbing and to analyze judges' legal considerations on the settlement of land grabbing crimes. This study uses a normative juridical approach, which is a legal research conducted by examining library materials or secondary data as the basic material for research. The theory used to analyze law enforcement theory and dispute resolution theory. Based on the research, the conclusion is: The factors driving the crime of land grabbing are the lack of awareness of the importance of legal protection of land ownership or control rights among the community, the existence of parties with certain motives against land that are considered to have no legal protection. Crimes against land grabbing are also regulated in the Criminal Code (KUHP), which is regulated in several articles in the KUHP, including: Article 167 of the Criminal Code and Article 385 of the Criminal Code. In deciding a case, a judge must consider sociological, philosophical and juridical aspects.
The Politics Of Corruption Eradication Law In The Aspect Of Anti-Corruption Education Yunus Rahendra; Aryani Witasari
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (547.305 KB) | DOI: 10.30659/ldj.3.2.416-423

Abstract

The purpose of this study is to explain the need for aspects of anti-corruption education provided in educational institutions. Currently, the government is still focused on the regulation of legislation, especially on efforts to strengthen law enforcement. However, efforts to eradicate corruption by breaking the chain of its emergence by providing anti-corruption education in educational institutions are a promising step if implemented optimally. Based on the above background, problems arise, namely how is the urgency of anti-corruption education, then how is the role of the government in anti-corruption education management. The research approach method used is normative juridical using secondary data. Data collection is done by collecting and analyzing library materials and related documents. Furthermore, the data from this study were analyzed qualitatively, namely by collecting research data to be processed which was then concluded to obtain information and answers to research problems. The conclusion of this research is the need for the role of the educational component to teach moral and ethical doctrine to students from an early age. In addition, the government's role is also important in supporting the implementation of anti-corruption education from the level of policy makers. Among them is the internalization of anti-corruption education in existing subject matter by updating the existing curriculum.
The Role of Notary in the Making of Fidusian Assets for Consumer Protection Maulana Abdul Mujib; Aryani Witasari; Sukarmi Sukarmi
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (816.785 KB) | DOI: 10.30659/sanlar.2.4.359-368

Abstract

This study aims to determine the role of the notary in making fiduciary deeds for consumer protection based on the Law of the Republic of Indonesia Number 8 of 1999. The approach method in this research is the normative juridical method. The specification of this research is descriptive analytical. The data in this study are secondary data. These problems are analyzed using legal protection theory. Based on the results of the research, the role of the notary in providing services to the public, especially for making fiduciary deeds, is things that must be done so that no parties are harmed and the deed can provide protection and legal certainty The parties come face to face with the Notary. Based on the Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Act No. 30 of 2014 concerning the Position of Notary, making a Notary Deed, must be before a Notary according to the form and procedure stipulated by the Law, and refuse to make a deed, if power of attorney that is contrary to Article 18 paragraph (1) letter h. Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection, which states that the power of attorney is an integral part of the standard agreement prepared by the fiduciary recipient.
Responsibilities of a Notary in Concerning Making an Authentic Deed Based on Falsification of Letters by One of the Parties Farman Riantama Budi; Aryani Witasari; Ngadino Ngadino
Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (786.228 KB) | DOI: 10.30659/sanlar.2.4.692-703

Abstract

This research aims to know the responsibilities of the notary in the event of letter forgery by the parties in making the authentic deed and whether a notary can be held responsible for a criminal case if a loss occurs to one of the parties as a result of a false document from one of the parties. The approach method in this research is empirical juridical method. The specification of this research is descriptive analytic. The data in this study are primary data and secondary data. These problems are analyzed using the theory of authority, theory of legal responsibility. Based on the results of that research when a Notary in carrying out his position is proven to have committed a violation, then the Notary is responsible according to his actions, both in terms of Administrative Law, Civil Law, namely in accordance with the provisions of the sanctions contained in Articles 84 and 85 of the Law on Amendments to the Law on the Position of Notary Public and code of conduct. A notary cannot be held responsible for a criminal case if there is a loss to one of the parties as a result of a false document from one of the parties, because the notary only records what is conveyed by the parties to be put into deeds false information submitted by the parties is the responsibility of the parties. In other words, what can be accountable to the Notary is if the fraud or deception originates from the Notary himself.
Legal Protection for Buyers against the Understanding of Home Ownership Loans Evie Pravitasari; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (749.606 KB) | DOI: 10.30659/sanlar.3.4.1331-1341

Abstract

Subsidized Home Ownership Loans are loans intended for lower-middle income communities in order to meet housing needs or repair houses that they already own. KPR is a credit facility provided by the Bank as a creditor to consumers (buyers) as debtors which are used to purchase land and houses on it. The approach used in this study is a normative juridical approach. The results of this study are: 1) Legal protection for buyers in cases of buying and selling houses and land under the hands can be obtained by submitting an application for determination to the local district court to ratify the buying and selling process, 2) The validity of buying and selling which aims to take over ownership credit house under the hand is not binding on third parties. In connection with this, according to law the legal owner of the land and building is the owner of the first party so that the transfer of rights must go through/obtain the approval of the first party. This makes it difficult in the future, especially if the owner's whereabouts are known.
Implementation of Sharia Financing Agreements with Fiduciary Submission of Property Rights to KSPPS BMT Al Hikmah Semesta Chandra Kurniawan; Akhmad Khisni; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (801.471 KB) | DOI: 10.30659/sanlar.3.1.226-240

Abstract

The research objective is to determine the role of the implementation of the Islamic financing agreement with the transfer of property rights in a fiduciary manner and how to solve the problem if there is default by the debtor, as well as the constraints and solutions in implementing the sharia financing agreement by means of musyarokah. The approach method uses empirical juridical. The data collection technique uses library research and field research. Data were analyzed descriptively qualitatively. The results of the study stated that the implementation of the sharia financing agreement with the transfer of property rights in fiduciary manner to the KSPPS BMT AL HIKMAH SEMESTA Jepara Regency consists of several stages, namely the application stage, checking and field inspection, making customer profiles, committee meetings, committee meeting decisions, binding, ordering goods consumers, payments to suppliers, collection of payments, and taking guarantee letters. The resolution of the problem if there is default by the debtor, namely given 3 warning letters if during 12 months of non-payment, and finally the guarantee will be auctioned if it is not immediately paid. Constraints and solutions in implementing the sharia financing agreement through musyarokah are document falsification by the customer, fictitious business, misuse of financing, the customer does not make payments or defaults on his obligations to the BMT according to the agreed time, BMT if there is default, namely stages that takes too long from reporting to the police to the District Court. 
The Legal Implications on Cancellation of Notaries which can be Canceled by Law Akhmad Mufasirin; Aryani Witasari
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (740.696 KB) | DOI: 10.30659/sanlar.3.4.1472-1480

Abstract

The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed .The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, and null and void notary deed. 1) A notarial deed that can be canceled is a deed that is canceled by the appearers themselves with a notarial deed based on reasons known to the presenters themselves.
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 Ani, Nafa Anindia Inka Saputri Anwar Saleh Hasibuan Ardito Yudho Pratomo Arif, Muhammad Sholikul 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 Jadida Fitri, Mar'atul 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 Maulida Hanum, Nindy Mochamad Rizqi Sismanto Mohamad Andi Rochman Monicha Rossalia Adigita Muchammad Qomaruddin Qomaruddin Muhammad Ali Maskun Muhammad Nur Aklif Muhammad Ramadhani Citrawan Nanda Herawati Nariswari, Anindya Widya Ngadino Ngadino Nirwan Kusuma Nontji, Surya La Noor Lailatul Izza Novita Irma Yulistyani Novitasari Novitasari Nur Muhammad Rajja Agung Pambudi, Hayuningtyas Peni Rinda Listyawati Pusparukmi, Nirwanadewi Rahmatillah, Ananta Mega Risky Amalia Rizki Andika Putra Rondhiyah Dwi Istinah, Siti Rudi Hendri Basuki Sari, Anggi Mahendra Shallman, Shallman 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