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<![CDATA[REFORMULASI KEBIJAKAN PERTAMBANGAN ATAS KEWENANGAN DAERAH ]]>
<![CDATA[Yuwono Prianto]]>;
<![CDATA[Rasji Rasji]]>;
<![CDATA[Benny Djaja]]>;
<![CDATA[Narumi Bungas Gazali]]>
<![CDATA[ JURNAL LITIGASI (e-Journal) Vol 21 No 1 (2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v21i1.1789
<![CDATA[This study of natural resource management under the Article 33 of the 1945 Constitution is more motivated by economic justice where the management of natural resource always ignores the environmental aspects as such that the state fails to protect the community. The state should significantly increase the prosperity and welfare of the people. Environmental aspects become the last criteria in promulgating economic policies and production processes at macro and micro scale in the mining sector. The existence of PETI is generated by internal and external triggering factors. Community believes that mining commodities in the surrounding area can stimulate prosperity while the quality of human resources is generally low and financial capacity is limited. This eventually triggered the emergence of illegal people's mining practices. Technical requirements for granting IPR mentioned in the Article 48 Paragraph 2 letter b of Governmental Regulation No. 23, 2010 is difficult to meet by community miners. Under Article 9 Paragraph (3) jis Article 11 Paragraph (1), Article 13 Paragraph (3) letter (e) of Law No. 23, 2014 regarding Regional Government, energy and mineral resource issues is included in concurrent Administration affairs. Central Government, in passing its policy should consider local wisdom while paying attention to national interests. Keyword : Mining, People, Policy.]]>
<![CDATA[PERTANGGUNGJAWABAN iNOTARIS iYANG iMELANGGAR iPRINSIP iKETIDAKBERPIHAKAN iDALAM iMEMBUAT iAKTA i (STUDI iPUTUSAN: i2750K/PDT/2018) ]]>
<![CDATA[Andre Darmawan]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17106
<![CDATA[Notary ipublic iis ithe icompetent ipublic iofficial ito idraw iup ian iauthentic ideed ias ilong ias ithe idrawing iup iof ia icertain ideed iis inot ispecifically imade ito ithe iother ipublic iofficials. iAccording ito iArticle i16 iparagraph i(1) ipoint ia iLaw iof iThe iRepublic iof iIndonesia iNumber i2 iOf i2014 iOn iOffice iOf iNotary iPublic, iin iperforming ihis/her ioffice, ia iNotary iPublic ishall ibe iobligated ito iact ihonestly, iaccurately, iindependently, inon-unilaterally, iand imaintain ithe iinterests iof ithe irelevant iparties iin iany ilegal iaction. iThe ideed ithat iis imade iby iNotary iPublic imust ibe imade based ion iboth iparties’ iagreements. However, iin ithe iSupreme iCourt Verdict Number i2750 iK/PDT/2018, Notary iPublic iEM iignored ithe ilaw, she ididn’t igive iany ilegal iadvice irelated ito ithe ideeds iand isided iwith some iof ithe iparties ito iperform iunlawful iprocedures. iThe iauthor examines ithe iproblem iusing inormative ilegal iresearch imethods iwhich are isupported iby isome iinterviews iwith ithe iones iwho iare iexperts iin the ifield iof iNotary iPublic Law. iViolation iby ia iNotary iPublic iof ithe provisions ias ireferred ito in ithe iArticle i16 iparagraph i(1), imaking ia deed ionly ihave ia ipower iof ievidencing ias ia ideed iprivately imade ior making ithe isame inull iand ivoid ican ibe ia ireason ifor ia iparty isufferingia iloss ito iclaim ifor iexpenses, icompensation, iand iinterest ito ithe iNotary Public.]]>
<![CDATA[KEKUATAN HUKUM AKTA JUAL BELI YANG DATANYA MERUPAKAN DATA PALSU (STUDI KASUS PUTUSAN PENGADILAN NEGERI DEPOK NOMOR 226/PDT.G/2018/PN.DPK) ]]>
<![CDATA[Shela Oktaharyani Harahap]]>;
<![CDATA[benny Djaja]]>
<![CDATA[ Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v4i2.17084
<![CDATA[PPAT has a very important role in land registration, namely helping the Head of Regency/Municipal BPN to carry out certain activities in land registration, but in practice there is falsification of data either carried out by an observer or other party. The problem faced is how the legal force of the sale and purchase deed whose data is false data based on the Depok District Court Decision Number 226/Pdt.G/2018/PN.Dpk; and how the PPAT is responsible for the sale and purchase deed which is declared null and void by the court. The research method used in this paper is a normative juridical research method. The results of the study indicate that there is actually a juridical defect in AJB No. 156/8/Sawangan/1997 dated July 28, 1997 made before Soekaimi, S.H., PPAT for the Bogor Regency area so that the deed does not meet the material requirements of an authentic deed and results in the cancellation of the deed by a court decision Regarding the PPAT's responsibility for the sale and purchase deed which is declared null and void by the court, of course there is a responsibility that must be carried out by a PPAT, be it administrative, civil, or criminal responsibilities.]]>
<![CDATA[PERLINDUNGAN TERHADAP PEMEGANG SERTIPIKAT HAK MILIK YANG DIBATALKAN DENGAN BUKTI GIRIK DALAM PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 61/G/2021/PTUN.SRG. ]]>
<![CDATA[Raini Nurhaedah]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ Jurnal Hukum Adigama Vol. 5 No. 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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<![CDATA[A land dispute is a problem in the land of everyone who feels the owner of the land object isdisputed by the two litigants. Land disputes themselves often occur in people's lives from the pastuntil now. Because land is a complex and vital object when discussed, land itself is one of theobjects that is indispensable for the survival of living things that are used for farming or a placefor shelter. In this study will be discussed about land disputes. The definition of soil itself is a partof the earth's crust that has an arrangement of minerals and organic matter contained in it. One ofthe issues to be discussed is the protection for canceled certificate holders with girik evidence inthe Serang State Administrative Court Decision Number 61/G/2021/Ptun.Srg. in the content of hisdecision stated that the judge decided to require the defendant to cancel the certificate ofownership of the intervention defendant and granted the plaintif 's claim in this case the owner ofthe girik evidence base, and the author wants to link the Judge's Decision with Article 32paragraph (2) Government Regulation Number 24 of 1997 concerning Land Registration and alsowith other articles related to the case. The purpose of this study is to provide readers with anunderstanding of the forms of protection in land disputes. The research method used in answeringthe problems in the research uses normative juridical legal research methods.]]>
<![CDATA[CRIMINAL LIABILITY OF PT. AGTIKA DWISEJAHTER DUE TO THE LACK OF PERMIT RESULTING IN ENVIRONMENTAL DAMAGE IN THE PASEBAN-JEMBER AREA ]]>
<![CDATA[Helen Pramita]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.522
<![CDATA[The purpose of this study is to analyze the criminal liability that must be borne by PT. Agtika Dwisejahter as a result of conducting mining activities without the appropriate permit, which has led to environmental damage. This research also examines the impacts on the environmental and economic sectors arising from the unauthorized mining activities carried out by PT. Agtika Dwisejahter. The normative legal research method is used to analyze various legal regulations related to criminal liability in this case, including environmental protection laws and mining laws. Additionally, this research utilizes literature studies to gather relevant information and data regarding the environmental and economic impacts of illegal mining activities. The research findings indicate that PT. Agtika Dwisejahter is criminally responsible for conducting mining activities without the necessary permit, resulting in environmental damage. The study identifies various criminal sanctions that can be imposed on the company, including fines, revocation of permits, or criminal prosecution against individuals responsible within the company. Furthermore, the research reveals the negative impacts caused by PT. Agtika Dwisejahter's illegal mining activities on the environmental and economic sectors. These impacts include ecosystem destruction, land degradation, and the loss of livelihoods for local communities. Such consequences have a detrimental effect on the environmental and economic sectors, leading to a decline in the quality of natural resources and a decrease in economic development potential in the affected area. This research contributes to understanding the importance of criminal accountability for illegal mining actors in efforts to protect the environment and prevent negative impacts on the environmental and economic sectors. The resulting recommendations include stricter law enforcement against illegal mining violations, strengthening monitoring and enforcement of mining permits, as well as active participation from the community in environmental protection and monitoring of mining company activities.]]>
<![CDATA[REFLECTION ON LEGAL STUDIES OF BENEFICIAL OWNERS IN CORPORATIONS COMMITTING MONEY LAUNDERING AND TERRORISM CRIMES IN INDONESIA ]]>
<![CDATA[Refans Jaka Pratama Yudha]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.523
<![CDATA[In order to advance and develop a base in the national economy where the implementation is carried out on the basis of democracy with the foundations of the principles of togetherness and justice which will later encourage harmony in the implementation of the economy in a sustainable and independent manner so as to form a company in the form of a PT which has competitive power as a driving force for increasing National PDP to provide welfare for all components. Legal consequences when a Money Laundering Crime occurs against a beneficial owner based on the Company Law and Presidential Regulation Number 13 of 2018 concerning the Application of the Principle of Beneficial Owners of Corporations in the Context of Prevention and Eradication of Money Laundering Crimes and Terrorism Financing Crimes, the beneficial owner must be submitted because the beneficial owner is not present in a limited liability company, the beneficial owner as a legal subject to influence or control the limited liability company without having to obtain authorization from any party and is the actual owner of the funds for the ownership of limited liability company shares based on the provisions of Article 4 paragraph (1) letters (e) and (g) so that the criminal act of money laundering and terrorism in a limited liability company is what is being pursued is the actor who is suspected of entering funds as a form of act of money laundering and terrorism.]]>
<![CDATA[LEGAL PROTECTION FOR BANK CUSTOMERS RELATED TO SAVINGS MONEY EMBEZZLED BY OFFICIALS AT BANK BRANCH HEADS ]]>
<![CDATA[Nanda Yuliska]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.525
<![CDATA[The existence of a bank as a storage facility for public funds often creates legal problems which n essence can cause a loss to the customer. the existence of a bank which should be a forum for the community to store the funds they have. this s part of the bank's function n carrying out ts business sector n the banking sector because n practice there are legal problems experienced by customers with the nitials WE as eSport athletes. where the money n his savings was embezzled by the head of the Maybank branch with the nitials CA. based on this, the legal action that harms the customer s carried out by bank maybank n terms of the banking law, consumer protection law and Bank ndonesia Regulation Number 22/20/Pbi/2020 Concerning Bank ndonesia Consumer Protection article 7 paragraph (1) letter (e) that the Principles of Consumer Protection cover the protection of Consumer assets against misuse.]]>
<![CDATA[CRITICAL STUDY OF ESTABLISHMENT OF CHILD SPECIAL CUSTOM CRIMINAL JUSTICE IN THE CHILD CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Adimas Gusti Darmansyah]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.527
<![CDATA[Hugo Grotius is recognized as one of the influential figures in the development of world law, especially in the context of international law so that with his rational and humanist rationale, the criminal justice system in particular has shifted its paradigm to a modern aspect. It is a logical consequence that the progress of juvenile criminal justice also accommodates customary law, especially in West Kalimantan and Indonesia recognizes the existence of customary justice as an effort to handle cases that occur in their environment, as well as cases related to children. In substance, customary law and its legal sanctions still apply to indigenous peoples. These legal values then become an action that is considered good by the community which is then used as a principle in carrying out social activities. These values will then form a norm that guides behavior. legal space to give power to jurors to explore, follow, and understand customary law and use it as a basis for consideration in deciding cases handled. Therefore, it is necessary that a customary court which currently applies strongly to the indigenous Dayak community has a mechanism of customary justice that is able to resolve community problems based on mutual agreement and various existing sanctions indicating that customary justice in society is able to provide a sense of justice.]]>
<![CDATA[PERTANGGUNGJAWABAN AKTA NOTARIS SEBAGAI AKTA AUTENTIK SESUAI DENGAN UNDANG-UNDANG JABATAN NOTARIS ]]>
<![CDATA[Gladys Natalie Aurielle Sirait]]>;
<![CDATA[Benny Djaja]]>
<![CDATA[ UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v5i4.641
<![CDATA[Notaries are public officials who have the right to make authentic deeds that can be used as evidence in a civil case. Law No. 30 of 2004 explains that a Notary is a public official who has the authority to make authentic deeds and has other powers as described in the Law. Notary is the right hand of the state where a Notary must carry out his duties in the field of Civil Law in Indonesia, the Government aims to provide legal guarantees in terms of private law for residents who have given some of their authority to Notaries to make authentic deeds. Therefore, when performing their duties, Notaries must act as responsible public officials. Based on its form, the deed is divided into two parts, namely authentic deeds and underhand deeds. An authentic deed is a deed made by an official who has been given the power or authority by the state/government based on predetermined provisions, either with or without the assistance of those who have an interest, and records what is requested by those concerned. Meanwhile, the deeds of the parties are made at the initiative of the party who comes to the official, such as power of attorney deeds, land title deeds, and sale and purchase deeds. An authentic document is considered the most powerful and complete evidence. It establishes a clear legal relationship between the parties regarding rights and obligations. Notaries are public officials who are authorized to create authentic documents and other duties in accordance with the Law. It is perfect and binding for the judge must consider it as a complete and sufficient basis of fact to make a decision in the settlement of a disputed case]]>
<![CDATA[Notaris dan Akibat Pembatalan Akta Jual Beli Saham Silang (Cross Holding) oleh Pengadilan ]]>
<![CDATA[Dwi Tiara Febrina]]>;
<![CDATA[Benny Djaja]]>;
<![CDATA[Maman Sudirman]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023) ]]>
Publisher : <![CDATA[LPPM Universitas Ekasakti Padang ]]>
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DOI: 10.31933/unesrev.v6i1.921
<![CDATA[This research aims to interpret the legal consequences for Notaries regarding the Cross Holding Deed of Sale and Purchase of Shares which annulled by the Court used by a normative juridical approach, by examining library materials including statutory regulations, legal rules, legal principles and analyzing the provisions of statutory regulation, court decision and other legal material. The public views that notaries always know all matters relating to law, so notaries are expected to be able to inform and explain in detail to their clients that the deed to be made contains prohibited reasons. Even though at the time the deed was drawn up, the Limited Liability Company Law didn’t contain a prohibition on cross share ownership, the prohibition on cross share ownership was stated in the Law on the Prohibition of Monopoly Practices and Unfair Business Competition. In this case the applicant did not involve a third party, the Notary who made the Deed of Cross Share Sale and Purchase. However, a Notary in carry out his position as a public official must apply the principle of prudence, so that in carry out his duties as a Notary doesn’t cause harm to his clients and does not create legal uncertainty.]]>
