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Tanggung Jawab Notaris atas Pemalsuan yang Dilakukan oleh Klien dalam Proses Pembuatan Akta Ayu Rizkie; Muhammad Arifin; Ramlan Ramlan
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 2, No 3 (2020): Journal of Education, Humaniora and Social Sciences (JEHSS) April
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (99.84 KB) | DOI: 10.34007/jehss.v2i3.129

Abstract

Notary is a public official who is authorized to make an authentic deed whose authority has been determined by law, in fact there are not a few notaries who commit violations or crimes in making a deed so as to result in the emergence of criminal acts, it can be seen in the decision of the Padang District Court Number 535 / Pid.B / 2013 / PN.Pdg, in this case the notary public commits an act of forgery so that the notary is liable to criminal liability against him. This writing aims to review and analyze the legal consequences of the deed which in the process of making that contain elements of forgery and analyze criminal liability against a notary in the Padang District Court's decision No. 535 / Pid.B / 2013 / PN.Pdg. the results of this paper show that the legal consequences of the deed which in the process of making it contain elements of forgery can be canceled, the cancellation of a deed is a sanction against legal actions that contain elements of juridical defects (causes of cancellation) and also has no legal consequences since the cancellation of parties referred to in the deed. The criminal liability against the notary public in the decision of the Padang District Court Number 535 / Pid.B / 2013 / PN.Pdg, has fulfilled both elements in terms of the ability to be responsible and errors, and the absence of forgiving reasons, all three elements have been fulfilled so that the legal notary as the defendant can be held liable for criminal action against him.
The Urgency of Regional Regulation Bill of Serdang Bedagai Regency on Trading Business Ramlan Ramlan; Eka NAM Sihombing; Fajriawati Fajriawati
Randwick International of Social Science Journal Vol. 1 No. 3 (2020): RISS Journal, October
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v1i3.105

Abstract

This study aims to discuss the urgency of regional regulation bill of serdang bedagai regency on trading business. Various problems regulated in this regulation include: The quality that is owned between modern retail and traditional retail is not comparable in terms of capital, management to human resources; The increasing number of modern retailers has made it difficult for traditional retailers to develop because they have to deal directly with modern retailers with better quality; There are no strict sanctions against retailers who violate the relevant provisions; Unilateral determination of the types, sizes and prices of trading terms to retail; and The incomplete application of regulations and criminal provisions whose content is not yet optimal. Currently, the gap between modern trading businesses and traditional trading businesses lies in the distribution chain that is digitally integrated in modern trading businesses, creating synergies among its users. Meanwhile, traditional trading business entrepreneurs are usually cash based and have limited integration with suppliers or banks to manage purchases, supplies and payments. Based on this condition, it is very necessary to form a regulation to create a balanced competition between traditional trading businesses and modern trading businesses, regulations that are able to bring justice to all entrepreneurs, not only provide protection for traditional trading businesses and forget about modern trading businesses that also have a very positive impact on the existence of the regional and national economy or vice versa. The regulation is in the form of a Trade Business Regional Regulation. Regional Regulation Bill of Serdang Bedagai Regency on Trading Business
Legal Strengthening of Credit Agreement Based on Information Technology in Financial Technology Companies in Supporting Industry 4.0 Ramlan Ramlan
Randwick International of Social Science Journal Vol. 2 No. 1 (2021): RISS Journal, January
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v2i1.175

Abstract

Changes in the pattern of lending and borrowing also experienced growth over the development period. From a system that manually switches to digital. Since the existence of general information, technology-based credit services have been quite good in supporting industry 4.0, but there are still problems such as high-interest rates, and there are several debtor rights violated that need to be discussed regarding legal arrangements and legal strengthening. The research method is the type of normative legal research, how to collect data from library research and analysis of data with qualitative analysis. The results showed that financial technology regulation is regulated in the OJK Law, ITE Law, POJK, and PBI, and concerning legal reinforcement is needed for the problem of high-interest rates to debtors, electronic agreement standard clauses, threats, defamation, and violating customer privacy so that they can attract more many investors in supporting industry 4.0 with the use of financial technology, because the problem is only still regulated in the ITE Law has not been specifically applied in the implementation of financial technology.
Registration Legality of Deed of Establishment of Limited Partnership from District Court to Ministry of Law and Human Rights Dewi Kartika; Ida Nadirah; Ramlan Ramlan
Randwick International of Social Science Journal Vol. 2 No. 1 (2021): RISS Journal, January
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v2i1.189

Abstract

Based on Article 23 of the KUHD, registration of the deed of establishment of Limited Partnership (CV) is carried out at the secretariat of the district court where the CV is established. However, since the enactment of the Regulation of Ministry of Law and Human Rights (Permenkumham) No.17/2018, registration of the deed of establishment Limited has been carried out through SABU which is under the auspices of the Directorate General of General Legal Administration, Ministry of Law and Human Rights. The position of Permenkumham No.17/2018 in the hierarchy of legislation in Indonesia is under the KUHD, so the purpose of this study was to determine the legality of the registration deed of CV from the district court to the ministry of law and human rights. This research uses normative research, with a statutory approach method and the level of legal synchronization, with qualitative analysis. Based on Article I of the Transitional Rules of the 1945 Constitution, the position of the KUHD is still a law, this is emphasized in Article 7 Paragraph (1) of Law No.12 of 2011. So that based on the principle of lex superior derogat legi inferior, then the authorities to carry out and receive registration deed of incorporation CV is the clerk of the district court where CV is located
Legal Protection to Limited Company that Does not Do Adjustments to Business Licensing and Online Single Submission After the Issue of Government Regulation Number 24 of 2018 Muthia Susan Fadillah Bulolo; Ramlan Ramlan
Randwick International of Social Science Journal Vol. 2 No. 2 (2021): RISS Journal, April
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v2i2.221

Abstract

Licensing adjustments related to the operational legality of Limited Company that is established before the issued of Government Regulation Number 24 of 2018. For Limited Company (PT) that is established before the issued of Government Regulation Number 24 of 2018 and do not have Master Number Attempted (NIB), but already have Business License Indonesia (SIUP), legally the company can still carry out operational activities. business as usual legally (but imperfectly). This research uses a type of normative research, using a statutory approach and a research approach to the level of vertical synchronization. This research is descriptive analysis, and the results of the study use qualitative analysis. The results show that for legal protection for business actors by adjusting the PT's license to OSS so as not to lose money in order to establish relationships with third parties. Because there are no strict sanctions for business actors who do not make adjustments to PT to OSS.
POLITIK HUKUM PENANAMAN MODAL ASING TERKAIT DENGAN KEDAULATAN EKONOMI NASIONAL Ramlan ramlan
Jurnal Notarius Vol 1, No 1 (2022): Vol 1, no 1 (2022): Jurnal Notarius (Januari-Juni)
Publisher : Jurnal Notarius

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

       Pembangunan suatu negara hampir mustahil dilakukan jika hanya bermodalkan dana dari dalam negeri semata. Untuk itulah diperlukan investasi yang berasal dari luar negeri. Dalam rangka mendatangkan investor asing tersebut, maka diperlukan regulasi yang mendukung dan memudahkan investor untuk menanamkan modalnya tersebut. Dalam konteks Indonesia UU Penanaman Modal dibuat untuk memudahkan investor asing masuk ke Indonesia, sehingga banyak pasal yang termaktub ternyata bertentangan dengan UUD 1945 yang menjadi pedoman dan acuan dalam membuat aturan yang ada dibawahnya. Politik hukum seperti ini tentunya dikhawatirkan akan memberikan dampak negatif bagi keadulatan ekonomi nasional. Penguasaan serta kemudahan yang diberikan keapada investor asing tersebut akan memarginalkan potensi-potensi sumber dana dan sumber daya yang berasal dari dalam negeri. Padahal para investor asing itu mengeruk sumber daya alam dengan kebijakan insentif pajak, upah buruh yang murah, serta izin amdal yang kurang memadai. Berdasarkan kondisi itu maka revisi terhadap UU Penanaman Modal menjadi suatu keniscayaan agar kedaulatan ekonomi bangsa ini tidak jatuh ketangan bangsa lain.
Perspektif Hukum Pembebanan Hak Tanggungan Atas Sertifikat Hak Milik Satuan Rumah Susun Sebagai Jaminan Kredit Perbankan: Legal Perspective Encumbrance Right Mortgage on Certificate of Ownership Right Flat Units as Banking Credit Guarantee Khaidir Nasution; Ahmad Fauzi; Ramlan Ramlan
DOKTRINA: JOURNAL OF LAW Vol. 5 No. 2 (2022): Doktrina:Juornal of Law Oktober 2022
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v5i2.7439

Abstract

This study discusses the legal arrangements on land that are charged with mortgage rights to flats standing on the land, then analyzes the imposition of certificates of ownership rights to flats as collateral for bank credit and to find out the implementation of execution if one of the debtors breaks their promises related to the granting of mortgage rights to the flats. used as collateral for bank loans. The research empirical juridical type, namely research that emphasizes the use of legal norms in writing and is supported by data collected in the field and the results of interviews with sources and informants as supporting data. Based on the results the ownership rights of the apartment unit are simultaneous or concurrent in nature which contains joint rights and individual rights. The right of ownership of the apartment unit itself can be charged with mortgage rights as collateral for bank credit based on article 47 paragraph (5) of the Flats Law. Execution of the ownership rights of the apartment unit that is charged with mortgage rights as credit guarantees as a result of the debtor defaulting to the creditor, then the bank as the creditor of the Flats Unit does not directly execute the Mortgage on the creditor guarantee but the bank will take persuasive steps as well as non-litigation mediation to resolve non-performing loans so that no party feels aggrieved and if the non-litigation process reaches a dead end, then the litigation process is carried out.
Legal Guarantee of Fisherman Employment Risk through Fisherman Insurance Premium Assistance (BPAN) Ramlan Ramlan; Faisal Riza
Randwick International of Social Science Journal Vol. 3 No. 4 (2022): RISS Journal, October
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v3i4.554

Abstract

The number of fishermen who have not received legal protection against safety guarantees has created concerns. So that fishermen need the government's role in getting guarantees in the form of insurance. Insurance programs for fishermen must be continued and developed to ensure the future of fishermen's families. Currently, the government assumes that it has provided insurance policies to all fishermen. Fisherman Insurance Premium Assistance is considered important to ensure protection for their lives and work accidents so that all fishermen and fishermen's families have the confidence to carry out their activities at sea. The provision of insurance through the Insurance Premium Assistance Program for Fishermen (BPAN) is a program to ensure better fisherman activities in the fishing business so that the rights and obligations of fishermen are clear and will be protected in their fishing business activities. As the Law of the Republic of Indonesia Number 07 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, has regulated the provision of protection for the work risks experienced by fishermen through the provision of insurance.
Tanjungbalai City Government Responsibilities in Managing Coastal Fisheries Ramlan Ramlan
International Journal Reglement & Society (IJRS) Vol 3, No 2 (2022): May - August
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i2.251

Abstract

Regulatory issues in the management of marine and fishery areas between Law Number 23 of 2014 concerning Regional Government and Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands will have an impact on effectiveness fisheries management, including the local government of Tanjungbalai City in managing fisheries in its coastal areas. The authority of the Tanjungbalai City Regional Government in managing marine and fishery resources in the Tanjungbalai coastal area is based more on Article 25 A and Article 45 of the Law of the Republic of Indonesia Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries and Article 14 of the Law -Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands. The obstacles faced by the Tanjungbalai regional government in managing the Tanjungbalai coastal area are the withdrawal of the authority for marine fisheries management to the provincial government, causing the Tanjungbalai Regional Government to experience a decrease in regional income from the fisheries sector
Legal Sustainability Of Object Gadai Execution By A Porrietary Assets That Are Debt Guaranteed Without Agreement Of Husband Or Wife (Study At PT. Pegadaian in Medan City) Yose Rizal Efendi; Ramlan Ramlan; Ferry Susanto Limbong
Veteran Law Review Vol 5, No 1 (2022): Mei 2022
Publisher : Faculty of Law, Pembangunan Nasional Veteran Jakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i1.2737

Abstract

As a marriage bond progresses, there will certainly be tests or trials that come, especially economic problems, of course the husband as the head of the household is the burden of responsibility in providing for his wife both physically and mentally, in this day and age one of the ways that is often taken in solving problems economy is by using bank facilities as referred to in Article 1 point 2 of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, which states that a bank is a business entity that collects funds from the public in the form of savings and distributes it to the public in the form of credit. and or other forms in order to improve the lives of many people. The type of research used in this research is normative legal research. This type of research was chosen because the study in this study is a study of legal science, therefore it must be studied from its legal aspects. Normative legal research is research on library materials (secondary data) that are relevant to the problems to be analyzed, both in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Legal certainty for the legal arrangement of the object of a pledge which is a joint asset in a marriage which is used as a debt guarantee without the consent of the husband or wife is contained in Article 1 of Law Number 1 Year 1974 concerning Marriage and Article 119 of the Civil Code Kemdian Article 36 paragraph (1) of Law No. 1 of 1974 concerning Marriage has actually provided a legal corridor, that the action to carry out a pledge in the form of joint assets obtained during the marriage period must be based on an agreement between the two parties between the husband and wife. The process of executing the object of the pledge in the form of marital assets which is used as collateral for debt without the consent of the husband or wife at PT. Pegadaian Medan City, first PT. Pegadaian Medan City conveyed that the debtor is due for payment which will be sent via an official letter from PT. Mortgage of Medan City, then starting 7 (seven) days after the official notification to the debtor, there is also no good faith of the debtor in paying the debt bill, so PT. Medan City Pegadaian conducts an auction for the object of the pawn in the form of joint assets of the marriage bond