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All Journal JURNAL HUKUM Pembaharuan Hukum Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung MILRev: Metro Islamic Law Review Jurnal Konstatering TABELLIUS Rule of Law Studies Journal
Nanang Sri Darmadi
Universitas Islam Sultan Agung Semarang
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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KEDUDUKAN DAN WEWENANG MAHKAMAH KONSTITUSI DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA Nanang Sri Darmadi
Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v28i2.9783

Abstract

Fundamental changes in the 1945 is the amendment of Article 1 paragraph (2) as follows: "Sovereignty belongs to the people and carried out according to the Constitution". Change the 1945 Constitution has given rise to the Constitutional Court. By the Constitutional Court, the constitution guaranteed as the supreme law that can be enforced as it should. The Constitutional Court in its development, it is feared will be the agency that has authority super body.Particularly in resolving the matter related to its authority, the Constitutional Court can unilaterally interpret the Constitution without being questioned, other than that produced the Constitutional Court ruling is final and binding, so that when there is one party who feels aggrieved by the decision of the Constitutional Court cannot make the effort for other law.From the approach used in this study is normative juridical, because the study was conducted by examining library materials or secondary data relating to the status and authority of the Constitutional Court in constitutional legal system of Indonesia. Specifications of this research is descriptive analysis, which is expected to give a detailed overview, systematic, and comprehensive on all matters relating to the object to be examined. The data used in this study is secondary data, it means the data obtained from library materials collected through the study of literature and documentary studies, which are then analyzed qualitatively. The conclusion of this study is that the formation of the Constitutional Court in Indonesia is inseparable from the development of judicial review occurring in several countries in the world, especially during the implementation of judicial review which was pioneered by John Marshall in Marbury versus Madison case.Thinking about the importance of the Constitutional Court in Indonesia has emerged during the discussion of the draft Constitution in BPUPKI, then the idea of judicial review of the need to re-emerge during the discussion draft Judicial Power Act (Act No. 14 of 1970). At the time of the discussion of the 1945 changes in the era reformation, the opinion of the importance of the Constitutional Court appeared. Ultimately, the Third Amendment to the 1945 to be of the Constitutional Court, which serves as the guardian of the Constitution and constitutional interpretation.
KRITIK PENYELENGGARAAN SISTEM JAMINAN SOSIAL NASIONAL DI INDONESIA Nanang Sri Darmadi
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1436

Abstract

In order to create legislation that is consistent with the values of Pancasila. The background of that legislation created no objective and value-free, but the law is born of ideology complete with doctrine and the value in it. Critics of the statute of the national social security system should be done, because justice embodied therein are not final. Law will always be in the process of being in accordance with the development needs of the community.
The Criminal Policy in Efforts to Overcome Crimes Perpetrated by the Indonesian National Army Yulianto Timang; Widayati Widayati; Nanang Sri Darmadi
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.480-494

Abstract

This study aims to find out and analyze and seek answers to criminal policies in an effort to tackle crimes committed by the Indonesian National Armed Forces and to find out and analyze and seek answers to policies for regulating criminal law enforcement against TNI soldiers in the future. The results and discussion of the research show that Criminal Policy in Efforts to Overcome Crimes Committed by the Indonesian National Armed Forces is subject towetboek van Militair Strafrecht (WvMs)/Stb.1934 Number 167 in conjunction with UURI Number 39 of 1947, which was translated into the Military Criminal Code (KUHPM). Its enforcement is the same as in law in Indonesia, if the Criminal Procedure Code is a material criminal law, then Act No. 6 of 1950 in conjunction with Act No. 1 Drt of 1958 concerning Military Criminal Procedure Code which was later revised and set forth in Chapter IV of Article 264 of the Law. Law on Military Courts, while Act No. 31 of 1997 applies as a formal criminal law, and the realization of the revision of Act No. 31 of 1997 concerning Military Courts. Criminal Law Enforcement Against Indonesian National Army Soldiers in the Future.
The Implementation of Rehabilitation Based on the Court's Decision against Narcotics Abuse Yasozisokhi Zebua; Widayati Widayati; Nanang Sri Darmadi
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.%p

Abstract

The purpose of this study is to determine and explain the implementation of rehabilitation as a legal consequence of court decisions against narcotics abuse according to Act No. 35 of 2009 concerning Narcotics. The approach method used in this research is normative juridical. The specification of this research is descriptive analytical. The implementation of rehabilitation for narcotics abusers according to Act No. 35 of 2009 concerning Narcotics, namely in the case that the abuser can be proven or proven as a victim of narcotics abuse, the abuser is obliged to undergo medical rehabilitation and social rehabilitation. Social Rehabilitation is a process of integrated recovery activities, both physically, mentally and socially, so that former narcotic addicts can return to carrying out their social functions in community life. While Medical Rehabilitation is a process of integrated treatment activities to free addicts from narcotics dependence.
The Juridical Overview of the Sale of Owned Land on Joint Assets by Husband without Wife's Consent Ary Patria Wisnu; Nanang Sri Darmadi; Andi Aina Ilmih
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 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.4.2.465-476

Abstract

The purpose of this research is to analyze: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN.Skt. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt. The approach method in this research is a normative juridical approach. The data used is secondary data obtained through literature study, data analysis was carried out by qualitative analysis. The results of the research concluded: 1). The responsibility of the Land Deed Making Officer (PPAT) for the making of the Sale and Purchase Deed of the object of joint property transferred without the wife's approval based on Decision No. 253/Pdt.Plw/2018/PN. Skt is an absolute responsibility caused because in making the sale and purchase deed the PPAT was not careful and careful. As a result of decision No. 253/Pdt.Plw/2018/PN.Skt is deed No. 112/ sale and purchase deed is contrary to the law, it will cause losses for the opposing party. PPAT must share responsibility for material losses suffered by the parties. 2). The legal consequences of the sale of land ownership rights to joint property by the husband without the wife's consent based on Decision No. 253/Pdt.Plw/2018/PN.Skt is invalid and null and void. As a result, the Plaintiffs suffered material losses. So that in terms of legal certainty theory, this sale and purchase cannot provide legal certainty for the Buyer, so that the Opponent II and PPAT must be responsible for the unlawful acts they have committed.
The Provision of Unsecured Micro Business Loans at Bank BKC Susukan Branch Office of Cirebon Regency Carki Carki; Jawade Hafidz; Nanang Sri Darmadi
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 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.4.3.822-831

Abstract

Micro Business Credit is financing for Micro, Small, Medium Enterprises (MSMEs) in the form of providing working capital supported by guarantee facilities for productive businesses. Bank BKC Susukan Branch of Cirebon Regency is a Regional Rural Bank in addition to conventional commercial banks such as BNI, BTN, Bank Mandiri, Bukopin, Mandiri Syariah Bank which is trusted by the government to distribute business loans. The phenomenon that occurs, through this Micro Business Credit, the borrower does not need to provide collateral to the bank because this credit is a loan without collateral and has been guaranteed by the government. This does not mean that if the program has been borne by the government, this program can run smoothly and in accordance with the desired expectations. Basically, this loan is one of the BANK BKC program for the Susukan Branch Office where the bank is the place for micro business credit to be distributed to the public, of course with the internal policies and requirements of the bank. Therefore, unsecured credit is facilitated by this bank because it is basically micro-enterprises that drive the economy of the area, therefore with the aim of helping the micro community, banks also benefit from good economic movements, so that bank activities in the bank's business will be good because with the existence of a given credit means that the bank earns a relatively high interest considering that the loan is given without any collateral. 
The Role and Responsibilities of a Notary in Making a Certificate of Inheritance for Disbursement of Time Deposit Savings Funds by the Heirs Ibnu Adi Prasetyo; Bambang Tri Bawono; Nanang Sri Darmadi
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 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.4.3.895-906

Abstract

A notary is a public official who authorized to make an authentic deed. Notaries as public officials play an important role in the banking industry, especially in making authentic deeds, one of which is a certificate of inheritance made by a notary. The role and responsibilities of a notary in carrying out his position that a notary is obliged to carry out the provisions contained in the Law on Notary Positions. The approach method used in this research is sociological juridical, meaning that research is carried out on the real situation of the application of law to society with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. Based on research conducted by the author that the role and responsibility of a notary in making a certificate of inheritance rights, a notary in carrying out his position is obliged to follow the provisions contained in the notary position law. Obstacles faced by notaries in making certificates of inheritance rights include notaries not mastering and understanding the provisions related to certificates of heirs, notaries having difficulty determining whether the witnesses presented are appropriate or not, there is no unification regarding the implementation arrangements for making certificates of inheritance rights, there are witnesses or heirs who are dishonest in giving statements. To overcome these obstacles, namely the need for accuracy on the part of the Notary so that mistakes do not occur in the future.
The Responsibility of Werda Notary to Deals the Problems What Has Done Shinta Rahmatika Damayanti; Nanang Sri Darmadi
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 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.4.2.357-367

Abstract

This study aims to find out and examine how long the Notary is responsible for the deed made after the end of his term of office, as well as to find out and examine how the forms of civil liability of the Notary are to the deeds made after the end of his term of office. This type of research uses normative juridical, which is an analytical perspective. The results showed that the form of notary accountability after a Werda Notary can be divided into 3 (three) including 1) Civil liability of the Notary to the material truth of the deed he has made, 2) Civil criminal liability of the Notary to the material truth of the deed he has made, 3) Notary's responsibility in carrying out the duties of the position are based on the notary code of ethics. Werda Notary who has violated the deed he made and caused harm to the parties may be subject to legal provisions both civil and/or criminal as long as the time limit has not been exceeded as stipulated in the Civil Code Article 1967 and the Criminal Code Article 78 jo 79, if the limit the time period has expired, then the parties can legally no longer file a lawsuit and/or claim the notary's office.
Legal Protection for Minors in Burdening Their Own Fixed Assets Purwiningsih, Septya; Sri Darmadi, Nanang
Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i1.35951

Abstract

This study aims to analyze: 1) The principle of legal protection that applies in cases of applications for the determination of a guardian to encumber immovable property owned by a minor child. 2) The judge's considerations in providing protection for minor children to encumber their immovable property. The approach method in this study is the statute approach. This type of research is included in the scope of normative legal research. The type and source of data in this study are secondary data. obtained from literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The principle of legal protection that applies in cases of applications for the determination of a guardian to encumber immovable property owned by a minor child is intended so that the assets of the child under guardianship are not misused by the guardian and as a preventive measure for inheritance disputes. Where this aims to protect the management of assets that are the child's rights to be used for the best interests of the child and can be accounted for when the child is an adult. One form of legal protection is the existence of a supervising guardian. 2) The judge's consideration in providing protection for minors to burden their permanent assets in Determination Number 310/Pdt.P/2019/PN.Pwt. between a person's position as a legal subject and the capacity to act there is a very close relationship, but both are actually two different things. The position as a legal subject or Person is a quality that allows the person concerned to have rights and obligations, while the problem of capacity to act is a problem of authority to exercise the rights and obligations that he has, as an effort to organize / fulfill his interests.
Legal Consequences of a House Sale and Purchase Agreement Through a Home Ownership Credit by Over Credit Underhand Purwandini, Dewi Fitriasih; Sri Darmadi, Nanang
Sultan Agung Notary Law Review Vol 6, No 1 (2024): March 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i1.35852

Abstract

This study aims to analyze: 1) The legal consequences of a house sale and purchase agreement through a mortgage underhand over credit for the parties. 2) Legal protection for the parties due to an over credit sale and purchase agreement. The approach methods used in this study are the case study approach and the statute approach. This type of research is a normative legal research. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal consequences of a house sale and purchase agreement through a mortgage underhand over credit for the parties carried out with trust in each other, because this trust is not based on applicable law will harm the party who receives the debtor. The loss can be in the form of default. The legal consequence of the default is that the replacement debtor cannot take the certificate that is still in the bank's possession. The replacement debtor cannot change the name, because the certificate is still registered in the name of the first debtor. 2) Legal protection for the parties due to the over credit sale and purchase agreement, namely preventive protection for the buyer can be carried out in the implementation of the sale and purchase agreement by checking the existence of evidence of ownership of land rights that are the object of the agreement. Repressive protection in decision Number 30 / Pdt.G / 2016 / PN.Cbn is by filing a lawsuit with the Court. In this decision, the Plaintiff or buyer asked the Cirebon District Court so that the decision can be used to take the KPR house certificate that is still under the control of the Bank and carry out the name change process. In his decision, the judge stated that the KPR house purchased by the plaintiff was valid and had permanent legal force. The judge also stated that the buyer was a buyer in good faith for the object of the dispute. One of the principles in a sale and purchase agreement is that buyers in good faith must always be protected.
Co-Authors Achmad Arifulloh, Achmad Aditya Nugraha, I Gede Putu Dharma Agustina, Histy Tria Agustina, Saptarina Dian Amalia, Dwi Nadrita Ananta Prakarsa, Tegar Andi Aina Ilmih Anis Mashdurohatun Areta, Azzahra Lintang Arpangi Ary Patria Wisnu Atmoko, Dwi Aurelia, Gina Aziza, Adela Fitri Bambang Tri Bawono Carki Carki Dekafela, Karina Via Djunaedi Djunaedi Faddil, Zainulloh Fahryan, Ahmad Febramadhani, Intan Fidiyani, Nuraeni Fitriana, Intan Nur Gunarto Hafidh, Muhammad Hasana, Dahniarti Heldawati, Eka Putri Hilmi, Faisal Ibnu Adi Prasetyo Jawade Hafidz Luthfi, Muhammad Rifaldi Mahmudah, Santriany Mardiana, Fitri Mashuri Mashuri Mazwar, Mazwar Mi’rajiah, Dessy Muliani Zabir, Andi Sri Nuriska, Citra Pradana, Yuda Sony Adhi Pratiwi, Intan Betta Pratiwi, Salma Rahmi Purwandini, Dewi Fitriasih Purwantoko, Gilang Riyan Purwiningsih, Septya Putri, Ainaya Qalbina Rahmawati, Desy Tri Riyanto, Taufan Fajar Rusilah, Eni Santa, Bagus Ariyanto Setyawati Setyawati Shinta Rahmatika Damayanti Sri Kusriyah, Sri Sugiyono Sugiyono Sujiyanto, Daniel Adi Sulaiman, Nurcholis Sulistianto, Bayu Sulistiawati Sulistiawati Taufiq, Luthfi Nurahmad Teja Aulia Tri Bawono, Bambang Tria Agustina, Histy Trubus Wahyudi Tumanggor, Evans Ricardo Utami, Fitri Pujianti Wahyuni, Ayuni Sri Widayati Widayati Widhi Handoko, Widhi Yasozisokhi Zebua Yulianto Timang Yustina, Isna Putri Zahra, Nabila Kartika