Articles
<![CDATA[Implementation of Legal Norms & Notaries Responsibility in the Making of a Deed of Grants ]]>
<![CDATA[Nanda Herawati]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.4.1299-1307
<![CDATA[The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercise of my position as stated in Article 4 paragraph (2) of the UUJN, it is also explained in Article 1909 paragraph (3) of the Civil Code that anyone who because of his position, work or position according to the law, must to keep something secret.]]>
<![CDATA[The Analysis of Undercover Techniques by Involving in Narcotics Circulation Network ]]>
<![CDATA[Bondan Satrio Bawono]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.279-289
<![CDATA[This study aims to find out and analyze how the undercover technique involves being involved in the narcotics distribution network to uncover cases at the Batang Police Resort. This study uses a sociological juridical approach and data collection through interviews, literature study and documentation. Based on the research, it was concluded that the Undercover technique by involving oneself in the narcotics distribution network to uncover cases at the Batang Police Resort was an attempt to enter into the narcotics distribution network and then lure the suspect in the operation target to leave by conducting narcotics transactions through the Undercover Buy technique or surrender. It was monitored and arrested before the transaction took place by ensuring that the suspected goods were in the possession of the suspect. The target of the technique is the elements of criminal acts as regulated in the Narcotics Law, such as the "whoever" element and the "controlling" element as well as the "circulating" element. The element of "whoever" is the target of the operation, in this case the suspect. The element of "control" means that it must be ensured that the alleged seller "controls" the narcotics goods. While the element of "circulating" is like selling narcotics. This technique was carried out because of the difficulty of uncovering the illicit trafficking of narcotics using a disconnected and neat system.]]>
<![CDATA[The Implementation of Diversion in Handling of Criminal Actions Performed by Child ]]>
<![CDATA[Anak Agung Putra Dwipayana]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.339-346
<![CDATA[The purpose of this study was to obtain and find out information data about the implementation of diversion in handling criminal acts committed by children. The method used by the researcher was legal approach normative juridical and the specifications in this study were descriptive. The sources and types of data in this study are secondary data obtained from literature studies which were analyzed qualitatively. Based on the results of the study that implementation of diversion in handling criminal acts committed by children carried out by investigators, especially at the investigation stage, namely investigators have carried out law enforcement properly by receiving and serving every report or complaint given by the community and perpetrators by always fulfilling the rights of victims and suspects in order to provide a sense of justice for both the suspect and the victim. The obstacles include legal regulations and their handling procedures that do not support criminal acts committed by children with mental disorders. Law enforcers, in this case child investigators, are still lacking both in terms of the number of investigators and the level of knowledge of investigators in handling child crimes. There is no Temporary Child Placement Institution (LPAS) as mandated in Act No. 11 of 2012. The effort is to carry out the stages of the investigation in accordance with the SOP accompanied by asking for advice and input from prosecutors and experts. Request an increase in the number of personnel and carry out training and vocational education for personnel as well as carry out sharing and brainstorming with the Prosecutor's Office. Coordinate with the Social Service to facilitate child offenders who do not have parents or a place to live.]]>
<![CDATA[The implementing the Role of the Police in Preventing Gambling Crimes ]]>
<![CDATA[Beny Fajar Sanjaya]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.389-395
<![CDATA[The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said as one of the Polres that consistently eradicates Gambling indiscriminately. Kudus Police and Efforts: Obstacles originating from the community/outside the police. Obstacles that come from within the police.]]>
<![CDATA[The Legal Protection of Victims on Criminal Acts of Agreement in Criminal Jurisdiction Process ]]>
<![CDATA[Novitasari Novitasari]]>;
<![CDATA[Sri Endah Wanyuningsih]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.355-363
<![CDATA[The purpose of this study is to examine and analyze the legal protection of victims of sexual intercourse in the criminal justice process against residents who experience mild mental retardation. The approach method used is empirical juridical lemphasizes obtaining legal knowledge empirically by going directly to the object with the theory of intentionality and will towards the problem under study. The results of the study that the application of legal protection for victims of the crime of sexual intercourse in the criminal justice process for victims of crime, especially victims of mild mental retardation/intellectual disability, to get protection in the form of granting victims' rights. The existence of compensation in the form of compensation, restitution and rehabilitation provided by the perpetrator to the victim considering the impact caused by the perpetrator's actions, physical, social, and psychological impacts. Although the defendant was sentenced to imprisonment for 7 (seven) years and 6 (six) months. The sentence handed down to the perpetrator is not commensurate with the suffering experienced by the victim.]]>
<![CDATA[The Legal Position of Attorney’s Power Imposing Mortgage Rights in Providing Subsidized Home Ownership Credit Facilities ]]>
<![CDATA[Heri Mulyono]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.543-554
<![CDATA[This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.]]>
<![CDATA[The Role of Notaries in Making Wills Regarding the Distribution of Inheritance according to Islamic Compilation Law ]]>
<![CDATA[Nirwan Kusuma]]>;
<![CDATA[Aryani Witasari]]>;
<![CDATA[Denny Suwondo]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.3.735-744
<![CDATA[This research aims to know and analyzing the role of a notary in making a will regarding the distribution of inheritance according to Islamic law.Analyzing the role of a Notary in making a will based on the provisions of the laws and regulations in force in Indonesia as well as the compilation of Islamic law as well as the obstacles and solutions of a notary inmaking a will regarding the distribution of inheritance according to Islamic law. This research is a type of legal research with a focus on the study of sociological juridical approach (Sociology Legal Research). Juridically by reviewing the applicable laws and regulations in accordance with the compilation of Islamic law and the Civil Code to achieve the final goal. The results of a sociological juridical study on the role of the role of a notary in making a will regarding the distribution of inheritance according to Islamic law is the role of a Notary in making a will before a Notary refers to the provisions of Article 1 point 1 UUJN which states, "Notaries are public officials who are authorized to make authentic deeds and have other authorities as referred to in this law or based on other laws", where each will or testament must be in the form of a deed in order to obtain legal certainty as a binding authentic deed. Inheritance assets often cause various legal and social problems, the obstacles that are often faced by notaries are very complex in their implementation, including: the notary lacks control and does not understand all the provisions of the inheritance certificate, the notary is not careful enough to check and ensure the completeness of the documents, the difficulty of the notary to ensure that the witnesses presented must really know about the family of the deceased heir, it is still often encountered witnesses or heirs who are dishonest in providing information and there is no legal unification regarding the regulation of the implementation of the certificate of inheritance in Indonesia. From the above constraints, the researcher draws conclusions in the form of solutions including: notaries have a role to educate to become professional and reliable notaries, namely by carrying out scientific activities such as seminars about notaries, notaries in taking an action must be prepared and based on rules applicable law, a notary must be able to observe the actual facts in the reality.]]>
<![CDATA[The Legal Study of Electronic Contracts in Buying Selling based on the Legal System in Indonesia ]]>
<![CDATA[Aryani Witasari]]>
<![CDATA[ JURNAL AKTA Vol 9, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v9i4.28589
<![CDATA[The current development of contract law is no longer limited to contract agreements made conventionally, but has developed in contract agreements made electronically. The purpose of this study is to analyze the position of electronic contracts based on the legal system in Indonesia. The research method used is through a normative juridical approach by describing and analyzing the results of the research qualitatively in relation to the laws and regulations that form the basis of the study. The results of the discussion show that the contract law system in Indonesia adheres to an open system based on the principle of freedom of contract. Everyone is free to enter into an agreement in any way and regardless of its form, as long as it fulfills the requirements for the validity of the agreement as stipulated in the provisions of Article 1320 of the Civil Code. Contracts made electronically by the parties, as long as they comply with the provisions of Article 1320 of the Civil Code, remain valid. One problem that often arises is proving the existence of an agreement between the parties, because in contracts made electronically, the original signatures of the parties are usually not attached.]]>
<![CDATA[The Juridical Analysis of Inheritance Rights for Second Class Heirs in Religious Courts ]]>
<![CDATA[Muhammad Ramadhani Citrawan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 4 (2022): December 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.4.959-972
<![CDATA[This research aims to know, analyze, and examine the juridical analysis of inheritance rights for heirs of the second class in the Surakarta Religious Court.Approach method in this researchused namely normative juridical or called doctrinal law or library research. Named doctrinal legal research because this research is only shown to written regulations so this research is closely related to the library because it will require secondary data from the librarythe required data includes secondary data obtained from library materials that provide an explanation of primary legal materials such as laws, research results, or legal expert opinions. the method of data analysis uses descriptive normative which provides an overview based on the results of an analysis of inheritance rights for heirs of the second class in the Religious CourtsBased on the results of the research and discussion, it was concluded that the right to inherit for heirs of the second class at the Surakarta Religious Court was based on the judge's considerations in deciding case Number: 228 /P dt.P/2021/PA.Ska in determining the heirs had referred to the Compilation of Islamic Law this is in accordance with the theory of Islamic justice and Pancasila, and the theory of legal protection according to Satjipto Raharjo.]]>
<![CDATA[The Sustainable Development Planning Based on Spatial Policy in Demak Regency ]]>
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 5, No 2 (2023): June 2023 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.5.2.162-180
<![CDATA[This research aims to find out how the implementation of the Regional Spatial Planning Policy in sustainable development planning, to find out how the process of permitting the use of spatial planning for development in Demak Regency. The method used in this paper is to use the normative juridical writing method, with the main data being secondary data in the form of documents related to the implementation of regional spatial planning policies in development planning and the process of permitting spatial use for development in Demak Regency, the data were analyzed by qualitative analysis with provide an interpretation of the data that has been collected. The results of the discussion show that 1) Sustainable development planning as outlined in the RPJMD is prepared based on the RPJPD. The preparation of the RPJMD also uses the RTRW as a reference for directing the location of activities and compiling development programs related to the use of space and areas, so that development is carried out in accordance with what has been planned in the RTRW. 2) The process of granting permits for development related to spatial and regional planning in the Demak Regency is carried out by the Public Works and Spatial Planning Office for the Demak Regency, abbreviated as Dinparu, has the task of assisting the Regent in carrying out government affairs in the field of public works and government affairs in the spatial planning sector which are the regional authority and co-administration assigned to the region. Dinputaru in the field of Spatial Planning encourages the public to use the online single submission (OSS) system in submitting suitability for spatial use activities (KPPR).]]>
