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wagirin wagirin wagirin
universitas prima indonesia

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TINJAUAN YURIDIS SENGKETA HAK WARIS TANAH YANG DIKUASAI SECARA MELAWAN HUKUM (STUDI PUTUSAN NO.09/PDT.G/2013/PN.BINJAI) wagirin wagirin wagirin
Ilmu Hukum Prima (IHP) Vol. 1 No. 1 (2018): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

Research on inheritance rights disputes is an important topic to discuss because issues related to inheritance often occur in the community. This thesis discusses the dispute over inheritance rights of land that is controlled by the law. The objective of writing the thesis is to find out the inheritance system in the Civil Code, the provisions of inheritance rights on land and the judicial legal review in the decision Number: 09 / PDT.G / 2013 / PN. Binjai. Based on the scope and problem in this study, the research was used a normative juridical research method. This normative juridical approach is used to analyze written law from library materials and reference material in the field of law or based on the Civil Code and other relevant laws and regulations, so that the description of the answers to the problem can be known. The results of this study revealed that inheritance law is a law that regulates the transfer of assets left by someone who died and its consequences for his heirs, and registration of transfer of rights because inheritance is needed in order to provide legal protection to the heirs so that the inheritance rights dispute can be avoided especially disputes are committed against law. An illegal act will only cause a loss. A loss caused by an illegal act must pay compensation because the action caused a loss caused by an act of action against the law by the perpetrator.
LEGAL ANALYSIS ON CRIMINAL ACT OF NARCOTICS AS CRYSTAL METH DISTRIBUTOR IN MEDAN (REVIEW OF DECISION NO. 473/PID.SUS/2015/PT.MDN wagirin wagirin wagirin
Ilmu Hukum Prima (IHP) Vol. 1 No. 2 (2018): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

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Abstract

The study was intended to explore the application of law for drug traffickers of the type of methamphetamine based on court decision No. 473 / PID.SUS / 2015 / PT.MDN. Narcotics is an interesting issue to discuss because it is always followed by opinions that are pro and contra. The provision of criminal law can be interpreted as one of the penalties given to someone who violates the applicable law. In this case, a narcotics addict can be considered a violator of the law, because he has been abusing drugs. In accordance with the times, which are marked by technological advances, information and communication can multiply people to engage in criminal acts. The results of this study indicate that the application of material criminal law to decision No. 473 / PID.SUS / 2015 / PT.MDN must be in accordance with the demands of the public prosecutor. Because in the statement of the defendant disclosed in court, (1) it is mentioned that there is a sale and purchase transaction carried out by the defendant with someone he does not know. (2) Legal considerations against judges who impose criminal sanctions on the verdict No. 473 / PID.SUS / 2015 / PT.MDN must be based on the consideration of the public prosecutor and judge, the offender can be sentenced to life imprisonment or at least imprisonment for 5 years or a maximum of 20 years and a fine of at least 1 billion rupiahs or at most 10 billion rupiahs by applying article 114 paragraph (1) of Law No. 35 2009 on narcotics.
ASPEK HUKUM JUAL BELI TANAH DI BAWAH TANGAN DAN PENDAFTARAN TANAH YANG BERASAL DARI JUAL BELI DI BAWAH TANGAN wagirin wagirin wagirin; Teo Christoper Limbong
Ilmu Hukum Prima (IHP) Vol. 1 No. 1 (2018): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (224.64 KB)

Abstract

This is a library using normative research methods. The research data are most derived from some law sources which were dominantly based on applicable laws and regulations. The registration of the transfer of rights has been based on Article 37 paragraph (1) of Government Regulation Number 27 of 1997 concerning Land Registration. However, Article 37 paragraph (2) in the above mentioned Government Regulation has not even been considered taboo. This phenomenon is made by the writer to reveal that registration can facilitate the acquisition of land rights on the basis of direct agreements that are worth doing. Therefore, the head of the district / city land office is asked to carry out registration for the transfer of the rights. To assess the truth of the agreement made directly, the head of the land office must make a discretion that does not burden the applicant or the public who need services for the acquisition of rights to the land. This agreement must be based on good intentions, so that the agreements made have value. This agreement is made to avoid disputes in the future. Registration of the agreement under the hand must be done selectively so that the implementation is right so that this activity can get legal certainty over the rights to the land. To avoid confusion in the community, the Head of the Distrrict / City Land Office data is requested by the Minister of Agrarian Affairs in the field of spatial planning of the national land agency to make certain regulations.