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TANGGUNG JAWAB CAMAT DALAM PEMBUATAN AKTA JUAL-BELI TANAH DALAM KASUS PUTUSAN PENGADILAN NEGERI SUBANG NOMOR 13/PDT.G/2019/ PN SNG. renny talitha chandra; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.11074

Temporary conveyancer (PPATS) is an officer who helps Indonesian National Land Office (BPN) in making land deeds that should be made by the authorized conveyancer (PPAT), those who have special legal education and are reliable in making land deeds. PPATS is a sub-district head appointed by the minister through BPN because there is a lack of PPAT in certain areas. However, in this case from Subang District Court Decision case number 13/PDT.G/2019/PN.SNG, that there was negligence of the sub-district head, so there was a party with a good faith that suffered loss by the legal acts of the sub-district head. So, it becomes a question that what is the responsibility of the sub-district head in making deed of sale and purchase land in case Subang District Court Decision case number 13/PDT.G/2019/PN.SNG and what is the responsibility of the sub-district head which make one of the party that have a good faith that suffer loss in Subang District Court Decision case number 13/PDT.G/2019/PN.SNG that accordance with applicable law. This research used normative legal research, with the nature of qualitative research with the type of library research. The results of research about how responsibility of sub-district head to do their job as a PPAT with a responsibility and make a deed of sale and purchase land that make a loss to party that have a good faith and about the sufferer party can take a legal action against the sub-district head because of the loss that party got.

TINJAUAN YURIDIS PEMULANGAN ANAK-ANAK DIBAWAH UMUR 10 TAHUN WARGA NEGARA INDONESIA EKS ISIS (ISLAMIC STATE OF IRAQ AND THE LEVANT) BERDASARKAN HUKUM PERLINDUNGAN ANAK Ryandi Manuel Sumedi; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17760

Many Indonesian citizens ex ISIS (Islamic State of Iraq and The Levant) had the desire to return to Indonesia, thus making a lot of different arguments to the community. Eventually, President Joko Widodo decided not to give permission to 689 former ISIS Indonesian citizens to return to Indonesia on February 12, 2020. However, a new discourse emerged to return the children of former ISIS combatants who were under 10 years old back to Indonesia. Then what is the state's responsibility for the repatriation of children of Indonesian citizens ex ISIS based on child protection law? The method that will be used in this research is normative legal research, this research is prescriptive, the type of data used is secondary data, the data collection technique used is a literature study, in this study the approach used is a statute approach. and used deductive method as a data analysis technique. The results of the study show that the Indonesian government has the responsibility and obligation to repatriate the children of Indonesian citizens who were ex-ISIS. This is due to the existing laws and regulations in Indonesia, especially the Child Protection Act which states that the government has an obligation to provide special protection to children who are victims of terrorist networks. In addition, the rehabilitation process and so on have been regulated in the relevant Ministerial Regulation. Therefore, it is better for the Indonesian government to repatriate Indonesian ex-ISIS children under the age of 10 years by arranging the repatriation procedures carefully.

KEWENANGAN PERADILAN TATA USAHA NEGARA TERHADAP PEMBATALAN SERTIFIKAT HAK ATAS TANAH YANG DITERBITKAN SEBELUM DIUNDANGKANNYA UNDANG-UNDANG NO 5 TAHUN 1986 (ANALISIS KASUS: PUTUSAN MAHKAMAH AGUNG NO. 458/K/TUN/2017) Muhammad apriodi effendy; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.11079

The State Administrative Court is one of the executors of judicial power for people who seek justice for state administrative disputes, the State Administrative Court is regulated in Law Number 5 of 1986, which becomes the object of the State Administrative Court is a written decision by a state administrative official (beschikking). that is, a written stipulation issued by a State Administrative Body or Official that contains a State Administrative Law action based on the prevailing laws and regulations which are concrete, individual and final in nature which give rise to legal consequences for a person or a Civil Legal Entity. This thesis research uses a qualitative approach and descriptive type. Land title certificate is one of the objects of the State Administrative Court but the UUPTUN does not clearly regulate the land title certificate issued before the enactment of the UUPTUN is an object of the State Administrative Court or not so it is necessary to have rules that clearly regulate this problem so that it can create certainty law.

KEPASTIAN HUKUM DALAM PEMBUKTIAN PERKARA PEMBATALAN PENETAPAN PERKAWINAN PADA PUTUSAN PENGADILAN TINGGI DKI JAKARTA NOMOR 139/PDT/2020/PT. DKI Hana Nabilah Putri; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17023

The risk of burden can encourage the parties to compete in proving who is the most correct so they are willing to do various ways such as submitting evidence that has been falsified in order to fulfill their desire to be able to win cases in court Problems regarding this can be found to date, one of which is in the case of the start of the determination which is still in the High Court Decision Number 139/PDT/2020/PT.DKI. The decision made by the judge was the stipulation of marriage between Mutiawa Lurin and Lukman Tjoe because Nina's side could prove that Mutiawa Lurin was not the only wife of Lukman Tjoe based on evidence that did not match reality. The problem in writing this number is how legal certainty is in proving the case for the determination of marriage in the decision of the DKI Jakarta High Court 139/PDT/2020/PT.DKI. The research method used by the author is a normative research type which has a descriptive analytical research character with a normative juridical approach, based on primary legal sources, secondary legal sources obtained from library techniques and also supported by interviews. Basically marriage for parties who adhere to Christianity cannot be considered as monogamous, if a husband commits an act of polygamy then the marriage can be said to be valid by referring to the legal requirements of marriage contained in Article 2 paragraph (1) of Law Number 1 of 1974 And, in creating a decision that can realize legal certainty and justice, the judge is obliged to always be thorough and careful in examining the cases submitted to him.

IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30/PUU-XVI/2018 TERKAIT PELARANGAN JABATAN FUNGSIONARIS PARTAI POLITIK DALAM PENCALONAN ANGGOTA DPD Bima Krisna Bayu; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12006

One of the problems in Indonesian constitutionality is the issue of implementation, several questions arose when the Constitutional Court decision Number 30 / PUU-XVI / 2018 was issued. In this decision, the Constitutional Court expanded the phrase "other work" as contained in Article 182 letter l of Law Number 7 of 2017 concerning General Elections. Then, this also becomes a problem when someone submits a judicial review of the general election commission regulations regarding the prohibition of political party functionaries from running as members of the Regional Representative Council. Regarding this, the Supreme Court Decision 65P / Hum / 2018 emerged, which in its decision contradicts the previously published and binding Constitutional Court Decision. The purpose of this research is to determine the implementation of the Constitutional Court Decision. The method used by the author is an approach method based on main raw materials, examining matters relating to principles, conceptions, doctrines, and the legal system by using secondary data. The result of the research conducted by the author is that the difference in these decisions creates legal uncertainty and contradicts the theory of erga omnes which requires legal awareness from various parties.

TUMPANG TINDIH PUTUSAN PENGUJIAN PERAT34 URAN PERUNDANG-UNDANGAN DI MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI DITINJAU DARI ASAS KEPASTIAN HUKUM Michael Michael; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.16983

The author made this thesis with the title "Overlapping Decisions on Testing Legislation in the Supreme Court and the Constitutional Court Judging from the Principle of Legal Certainty" because as a state of law and the regulation of guaranteeing constitutional rights (Article 28 D paragraph 1 of the 1945 Constitution of the Republic of Indonesia) which in this case This is a legal certainty that is often violated by the enactment of laws and regulations. Therefore, as an effort to guarantee that regulations do not conflict with each other, a mechanism for reviewing laws and regulations is arranged. The Supreme Court decided to review the legislation under the law against the constitution, but the problem was that this last resort actually resulted in legal uncertainty again occurring when the decisions of the Supreme Court and the Constitutional Court regarding the review of laws and regulations contradict one another. each other. Therefore, the writing of this thesis will focus on finding the source of the overlapping problem and possible solutions to solve these problems.

EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA TERHADAP SENGKETA PERTANAHAN MENURUT HUKUM POSITIF DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 188 PK/TUN/2018) Eva Fortuna Kasan; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17943

The administrative court is one of the courts under the judistrication of the judiciary which its task is to resolve disputes that occur both within the internal environment of State Administrative Officials as well as disputes that occur between State Administrative Officials and Individuals or Civil Law Entities. The disputes that often occur between State Administrative Officials and Individuals or Civil Legal Entities are regarding land disputes caused by the mistake made by State Administrative Officials, one of which is regarding overlapping land rights. As a result of the overlapping land rights, the dispute will be brought to the State Administrative Court to obtain tha permanent legal decision, the problem regarding the amount of decisions of the State Administrative Court that cannot be executed arise. Research shows the data regarding the regulation execution of State Administrative Court Decisions in Indonesia is weak. The efforts on forcing State Administrative Officials to execute court decisions that already have the power of permanent legal status have not been executed optimally. Therefore, Indonesia needs to formulate a new law that includes regulations for the execution of decisions of the State Administrative Court

ANALISIS PERBEDAAN PERTIMBANGAN HUKUM HAKIM DALAM MEMUTUS PERKARA YANG SAMA (STUDI KASUS: PUTUSAN PTUN PONTIANAK NOMOR 25/G/2020/PTUN.PTK DAN PUTUSAN PTTUN JAKARTA NOMOR 106/B/2021/PT.TUN.JKT) Gabriella Samantha G.M.; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17979

Land registration is carried out to provide legal certainty for holders of land rights, therefore the Government requires land registration as contained in the Basic Agrarian Principles. After land registration is carried out, the holders of land rights will get a certificate as strong evidence. The certificate is issued by the National Land Agency in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. In practice, there are still problems related to land certificates, which is overlapping land rights certificates. Pontianak Administrative Court (PTUN) Decision Number 25/G/2020/PTUN.PTK and the State Administrative High Court Jakarta (PTTUN) Decision Number 106/B/2021/PT.TUN.JKT are examples of cases regarding overlapping land rights certificates, causing problems that need to be studied further, namely regarding what is the basis for the legal considerations of the judges of the PTUN Pontianak and PTTUN Jakarta so that there are differences in decisions in adjudicating cases of overlapping land rights certificates in the Pontianak Administrative Court Decision Number 25/G/2020/PTUN.PTK and State Administrative High Court Jakarta Decision Number 106/B/2021 /PT.TUN.JKT. Based on the results of the research conducted, it is known that the difference in legal considerations that occurred in this case was based on the judge's error regarding the calculation of the grace period related to the administrative efforts carried out by PT Bumi Indah Raya as the Plaintiff.

HUKUM TINDAK PIDANA ILEGAL LOGGING KEBONHARJO JAWA TENGAH Nanda Yuliska; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.18002

The crime of illegal logging is one form of theft of state assets in the form of teak theft. In this study, it is explained whether the law enforcement of illegal logging crimes in the Kebonharjo Forest Management Unit, Rembang, Central Java has been implemented or not, along with the obstacles and efforts carried out by illegal logging law enforcement officers in the Kebonharjo forest management unit, Rembang, Central Java. Research using primary data sources by collecting data from literature studies. The process of law enforcement against illegal logging in forest management units includes preventive law enforcement, by empowering the community, improving environmental quality, establishing cooperation with relevant agencies and involving the community in law enforcement. Meanwhile, repressively provides administrative sanctions and criminal sanctions in the form of imprisonment, fines, imprisonment and compensation. The obstacles experienced by the Kebonharjo forest stakeholder unit came from internal aspects which included geographical factors, facilities and infrastructure, and the lack of personnel in the FMU, then from external aspects came from community factors, and legal sanctions factors. Implementation of Law Enforcement in Forest Management Units with obstacles originating from the internal and external aspects mentioned above that can be resolved by law enforcement in FMUs by increasing the ability and motivation of field officers, conducting socialization about Illegal Logging, and coordinating with agencies related activities, as well as empowering the community around the Kebonharjo KPH unit.

EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA TERHADAP SENGKETA PERTANAHAN MENURUT HUKUM POSITIF DI INDONESIA (STUDI KASUS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 188 PK/TUN/2018) Eva Fortuna Kasan; Rasji Rasji
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17944

The administrative court is one of the courts under the judistrication of the judiciary which its task is to resolve disputes that occur both within the internal environment of State Administrative Officials as well as disputes that occur between State Administrative Officials and Individuals or Civil Law Entities. The disputes that often occur between State Administrative Officials and Individuals or Civil Legal Entities are regarding land disputes caused by the mistake made by State Administrative Officials, one of which is regarding overlapping land rights. As a result of the overlapping land rights, the dispute will be brought to the State Administrative Court to obtain tha permanent legal decision, the problem regarding the amount of decisions of the State Administrative Court that cannot be executed arise. Research shows the data regarding the regulation execution of State Administrative Court Decisions in Indonesia is weak. The efforts on forcing State Administrative Officials to execute court decisions that already have the power of permanent legal status have not been executed optimally. Therefore, Indonesia needs to formulate a new law that includes regulations for the execution of decisions of the State Administrative Court

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