Hari Condro Wibisono
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Law Strength of Notary Deed in Legality Strengthening Of the BUMDes in Perspective of Permendesa No.4 Of 2015 (Studies on Village-Owned Enterprises of Semarang) Medina Praba Andini; Hari Condro Wibisono; Achmad Sulchan
Jurnal Akta Vol 6, No 2 (2019): June 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.v6i2.5027

Abstract

The purpose of this study were 1) Aim and analyze the legal force of Deed in strengthening the legality of the establishment of village-owned enterprises be seen in the perspective of PERMENDESA No. 4 of 2015 (Studies in the village-owned enterprises of Semarang), 2) Aim and analyze the weaknesses and solutions Deed in the preparation of the establishment of village-owned enterprises in Semarang.The approach used in this study is a sociological juridical approach, sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. Specifications research used in this study is descriptive analytical, analytical descriptive study sought to describe the legal issues, the legal system and to study it or analyze it according to the needs of the research in question.Based on the results of data analysis concluded that: 1) BUMDes established by Regulation village formed by the village government and village Permusyawatan Board by consensus together. In addition to the legitimacy of the establishment of Village Regulations as BUMDes, reality on the ground there are some BUMDes in Semarang which have included Deed in strengthening the legality of the establishment. Deed as reinforcement of legality establishment BUMDes have binding legal force that can provide legal certainty and legal protection in the future, 2) weaknesses in the establishment Deed preparation BUMDes based research are: 1. Each BUMDes will have the format of AD / ART different and certainly not the same as the standard format of a Notary Public. 2. References are minimal regarding creation BUMDes Deed of Establishment. Because in PERMENDESA No. 4 of 2015 only confirmed that each village can form BUMDes under Regulation village. Recording BUMDes establishment in the Deed is an initiative of the board BUMDes itself. The solution of these weaknesses is the knowledge and experience related notary deed BUMDes. Associated with the solution that has been mentioned in addition to the importance of the knowledge and experience of a Notary in making a deed, but also Notaries need to provide clarification of the law, the deed was made since the implementation of the duty office of Notary "Esteroic" which means needed special education and sufficient capacity to run, as in the case of duties required accuracy, precision and accuracy. In addition, the Notary as public officials must be sensitive, responsive, has a sharpness of thinking and able to provide a proper analysis of any legal phenomenon and social phenomenon that appears so so will cultivate an attitude of courage in taking appropriate action.Keywords: Owned Village; Deed; Severability.
Investigation Process Traffic Accident Offenders Of Minors The Police Resort Kebumen Hari Condro Wibisono; Achmad Sulchan
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 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.v2i3.5672

Abstract

Often Traffic accidents occur in people's lives, even the culprit is Often a minor. This is due to lack of legal awareness and supervision from parents so that children are allowed to drive motorized vehicles before having a driver's license. As a knife of analysis, the theory of restorative justice and the theory of legal certainty are used. The results of the study Showed that the investigation process towards traffic accident underage perpetrators at the Kebumen Resort Police was in accordance with the provisions of the Criminal Procedure Code and Act Number 11 of 2012 concerning the Child Criminal Justice System. Factors causing traffic accidents with child offenders in the Kebumen Resort Police are dominated by human factors items, namely due to negative attitudes and behaviors of the Offender, Negligence (carelessness) in driving, lack of knowledge of the Offender in traffic and parents the perpetrators. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays. Barriers to carrying out investigations into underage traffic accident perpetrators at the Kebumen Resort Police are suspects of fear during the examination even though they have been accompanied by parents and Bapas officers, the solution is by investigators to divert light questions along with the humor so as not to strain. In addition, It is also difficult, to ask permission from the school, Because if the permit is called by the police it will be a special note. Overcome The solution to this is to call there during school holidays.Keywords: investigation; traffic accident; children