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Ade Christian Manapa
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Notary Role In Determining Acceptance Or Cancellation Will The Provided In Article 194-209 Islamic Law Compilation Jita Zahara; Ade Christian Manapa; Arief Cholil
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5109

Abstract

The purpose of this study was to: 1) To understand how the role of the Notary in determining acceptance or cancellation will set out in articles 194 to 209 Compilation of Islamic Law. 2) In order to understand what are the reasons that make a person could fail to get a will, and how the notary in dividing section will treasure for the recipient. 3) To understand what are the barriers and solutions notary role in determining the acceptance and cancellation will. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) the role of the notary in determining the acceptance and cancellation will have to go through the will of the testator in which it was agreed between the parties involved, and should be included / dionlinekan in the Minister of Law and Human Rights No. 60 of 2016 on Procedures for Reporting Wills and Testament Application Issuance of Electronic. Because if not then the deed will be listed online does not have a strong legal force. 2) the reasons that make a person could be canceled in the will because a person or institution authorized a treasure will be, but he refused, unable to take advantage of the treasure will as possible, or other things that make him blame and convicted criminal who belong in Article 197 compilation of Islamic Law. 3) barriers and solutions in the division will was that the heirs who assumed that he did not get the part of the will so many of them impede the course of a will, and the solutions that are required in the making of a will should be through consensus among family testator with parties associated therein, which aims to avoid things that sustainable in the future.Keywords: Wills; Cancellation; Reception.
Policy Formulation of Criminal Law against Narcotics Traffickers Based On Justice Value Ade Christian Manapa
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8385

Abstract

Act No. 35 of 2009 on Narcotics there are multiple interpretations and ambiguities article formulation, namely Article 112 of Law on Narcotics. Article resulted in the perpetrators of Narcotics (trafficker) will shelter as if he was a victim of crime or narcotics abusers.The problems are: 1) Are Policy Formulation of Criminal Law Against Narcotics Traffickers based on Act No. 35 of 2009 has fulfilled a Justice Value? 2) How does the Policy Formulation of Criminal Law Against Narcotics Traffickers in Criminal Justice in Indonesia? and 3) how the Policy Formulation of Upcoming Criminal Law Against The Perpetrators And Abusers Based on Justice Value?The method used is normative, the specification of the research is descriptive analytical data using secondary data sources, data collection methods using literature study, data presentation in the narrative, qualitative data analysis. The research problem in accordance with the above described problems he infused with three theories: 1) The theory of law enforcement, 2) Theory of legal certainty and 3) Theory of justice.Result: 1) Policy Formulation of Criminal Law Against Narcotics Traffickers Based On Act No. 35 of 2009 still indicates ambiguity and multiple interpretations. Between the formulation of article 112 and article 127 so that it can ensnare abusers of narcotics in Article 127.2) Policies application of criminal law against traffickers Narcotics in Criminal Justice in Indonesia is still problematic, where the dealer the crime of Narcotics can shelter as abusers of narcotics to avoid criminal sanctions are more severe. 3) Policy criminal law traffickers and abusers of narcotics in the future is the need to change the formulation of Article 112 Law on Narcotics, ie there must be firmness that met the elements "have", "save", "master" or "buy" is a chapter devoted to trafficker, importers, producer, and another narcotics crime qualification and not pointed to narcotic abuse itself.Keywords: Policy Formulation of Criminal Law; Narcotics Traffickers; Justice Value.
Co-Authors Arief Cholil Jita Zahara