Articles
<![CDATA[Criminal Responsibility Of Business Agents On Selebgram's (Celebrity Endorsers) Product Promotion ]]>
<![CDATA[Nynda Fatmawati Octarina]]>;
<![CDATA[Tahegga Primananda Alfath]]>;
<![CDATA[Anisatul Ulfa]]>
<![CDATA[ Jurnal IUS Kajian Hukum dan Keadilan Vol 8, No 2: August 2020 : Jurnal IUS Kajian Hukum dan Keadilan ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mataram ]]>
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DOI: 10.29303/ius.v8i2.744
<![CDATA[Product promotion on Instagram by selebgram (celebrity endorser), Instagram users who have voluminous followers, is increasingly popular. It is not uncommon that the promoted products are sometimes not legally registered and possibly violate the law. This study analyses the regulations regarding promotion on social media in Indonesia as well as evaluates whether existing regulations govern business agents’ criminal Responsibility for their carried-out promotions on Instagram, as seen from the fact that such product promotion content made by selebgram has misleading information resulting consumers’ losses. The research method used is a legal research method with a regulatory approach and legal concepts. The result of this study indicates that if a business agent uploads a video which is misleading and potentially disadvantages consumers made by a selebgram, then the business agent is responsible for the upload. On social media, every user is responsible for their own account’s activities.]]>
<![CDATA[Akta Perjanjian Pengikatan Jual Beli Rumah/Rumah Susun sebagai Perlindungan Hukum bagi Penjual dan Pembeli ]]>
<![CDATA[Safira Riza Rahmani]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ Jurnal Supremasi Volume 10 Nomor 1 Tahun 2020 ]]>
Publisher : <![CDATA[Universitas Islam Balitar, Blitar ]]>
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DOI: 10.35457/supremasi.v10i1.895
<![CDATA[Tujuan dari penelitian hukum ini untuk mengetahui aspek perlindungan hukum dalam akta Perjanjian Pengikatan jual beli rumah/sarusun bedasarkan peraturan perundang-undangan yang berlaku dan memberikan sumbangsih kepada notaris dan masyarakat terutama dibidang hukum penataan ruang dan perumah/rusunan. Penelitian ini menggunakan metode penelitian hukum yuridis normatif dengan pendekatan perundang-undangan dan konseptual. Rumah/sarusun sebagai tempat berlindung sangat dibutuhkan oleh setiap orang, dengan tingginya harga rumah/sarusun yang diperjual belikan oleh pengusaha sehingga terdapat fakta hukum mengenai wanprestasi dalam hal jual beli rumah/sarusun pada saat proses pembangunan. Untuk menjamin kepastian hukum mengenai penjualan unit rumah/sarusun pada tahap pembangunan dibutuhkan alat bukti yang kuat berupa akta autentik yang bersumber pada aturan perundang-undangan yang mengatur mengenai perjanjian pengikatan jual beli antara developer dan pembeli untuk menghindari sengketa dikemudian hari. Disimpulkan bahwa pelaku pembangunan wajib membuat alat bukti autentik berupa akta autentik dihadapan pejabat umum/notaris dan mematuhi klausula dalam akta tersebut.]]>
<![CDATA[Due to the Law for the Making of a Power of Power of sell which is Not Previous with the Principal Agreemtent in the Transaction of the Selling of Inspired Land (Case Study of Ma Decision No. 772/K/Pdt/2018) ]]>
<![CDATA[Nynda Fatmawati Octarina]]>;
<![CDATA[Edith Edith]]>
<![CDATA[ Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February ]]>
Publisher : <![CDATA[Budapest International Research and Critics University ]]>
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DOI: 10.33258/birci.v5i1.3762
<![CDATA[This study discusses the legal consequences of making a power of attorney to sell which is not preceded by a principal agreement in the sale of inherited land. This research is a normative juridical law research with qualitative methods to analyze data and descriptive analytical research type. Power of attorney to sell is a form of special power of attorney. Where in the Special Power of Attorney it must be stated clearly and unequivocally regarding what legal actions and actions may be taken by the Proxy. This is so that the power of attorney does not deviate from the intent of the Authorizer. Power of attorney to sell is a form of accessoire agreement. Accessoir agreement is an additional agreement that follows the Principal Agreement. Power of attorney to sell that stands alone without following the main agreement, it is very risky for deviations to occur in its implementation. This is because the power of attorney to sell which stands alone usually does not include the rights and obligations of the giver and Power of Attorney in detail, clearly, firmly.]]>
<![CDATA[The Role of Legal Advisors in Criminal Case Settlement Process ]]>
<![CDATA[Nynda Fatmawati Octarina]]>;
<![CDATA[Umi Faridah]]>
<![CDATA[ Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November ]]>
Publisher : <![CDATA[Budapest International Research and Critics University ]]>
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DOI: 10.33258/birci.v4i4.2946
<![CDATA[Since the enactment of Law No. 8 of 1981, LN. No. 76 of 1981, namely regarding the Criminal Procedure Code which came into force on December 31, 1981, the provisions contained in the HIR (Het Herzine Inlandsch Reglement) Staatsblad 1941 44 and all its implementing regulations are no longer valid. The values of Pancasila and the 1945 Constitution which are noble and uphold the existence of human rights also recognize the position and role of defenders which are implemented or further embodied in the Criminal Procedure Code, namely Law No. 8 The position and role of the defender are closely related to the rights of the suspect or defendant because the defender or legal advisor is present in the process of settling criminal cases precisely to assist and defend the rights of the suspect or defendant as regulated in the Criminal Procedure Code (KUHAP) A suspect who is suspected of committing a criminal act is not necessarily a guilty person, nor is a defendant charged with a criminal act not necessarily guilty because in our legal state recognizes the principle of "the presumption of innocence", so the suspect or defendant must be considered innocent. guilty before there is a judge's decision that already has permanent legal force. The presence of a defender in the settlement of a criminal case in addition to accompanying a suspect or defendant and defending him is also due to moral and juridical responsibility as one part of law enforcement officers who work together same as other law enforcers trying to find the material truth. In this criminal justice process, the provisions of Article 54 of the Criminal Procedure Code emphasize the rights of the suspect be accompanied by the defense or legal counsel at every level of examination, in other words, that the suspect or defendant has the right to have contact with the defender from the time of the preliminary examination until the time of the preliminary examination. examination in court.]]>
<![CDATA[Government Responsibility for Troubled Land Rights Lawsuit ]]>
<![CDATA[Moh. Imron Fauzi Hidayatullah]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[Land registration in Indonesia adheres to a mixed system, a negative system with a positive tendency, meaning that the state does not guarantee the absolute truth of the data presented in the certificate, but as long as no one else filed a lawsuit in court who felt more entitled, so the data in the certificate was proof of strong rights. This research is a non-analytic normative juridical study, the theoretical basis used is the level of normative / contemplative legal theory, the approach in this research is the statute approach. The analysis used is qualitative juridical analysis, namely by collecting and collecting material material, then arranged in a particular framework, then analyzed according to the means of analysis by interpreting the law, legal construction, and legal arguments. From the results of the discussion it was concluded: 1) the lawsuit is judicially premature. The police report cannot be used as a basis for filing a quo lawsuit before obtaining a permanent legal judgment. 2) Lawsuit filed by the Plaintiff less parties (plurium litis consortium), and Lawsuit cannot be accepted (niet ontvankelijk verklaard). 3) The Plaintiff has never owned land that was the Object of the Plaintiff I. The Plaintiff has never owned two land which became Object Plaintiff II but the Plaintiff has signed a power of attorney and a sale and purchase certificate to release ownership of the two land areas. 4) Government Regulation No. 24/1997 introduces the principle of legal certainty as regulated in Article 32 which reflects the shift in the system adopted by land registration in Indonesia from negative system to negative system plus Government.]]>
<![CDATA[The Validity of Determining The Value of Fines In Motor Vehicle Loan Agreements That Exceeds Limitations In the law ]]>
<![CDATA[Ignasius Tungga]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[The high price of motor vehicles results in not everyone being able to buy cash, non-cash motor vehicle purchases obtained through consumer finance with the lease financing agreement procedure, even though de facto consumers control the goods, BPKB and STNK, but de yure on goods financing contracts whose credit is financed as debt collateral, which means that ownership is on the part of the financial institution. The purpose of this article is: 1) Describe the determination of the value of fines in the credit agreement. 2) Describe the Validity of the determination of penalty value in motor vehicle credit agreements that exceed the limitation in the law. This research is a qualitative normative juridical. The approach used is the statute approach. From the results of the discussion it was concluded: 1) Determination of the value of the fines in the financing credit agreement following LKPP Regulation No. 14/2012. Article 120 Perpres No. 54/2010 Jo. Perpres No. 35/2011 Jo. Perpres No. 70/2012 is 1/1000 or 0.5% of the contract value for each day of delay. 2) Inclusion of Fines in the Raw Clause is based on Article 15 (1) of the Financial Services Authority Regulation No./POJK.05/2014 Jo. Article 38 (1) 35/POJK.05/2018 as a default (negligent/alpha). While the Determination of the value of fines in the motor vehicle credit agreement that Exceeds the Limitation is legal by law as Article 1239 of the Civil Code is strengthened Article 1338, 1339 of the Civil Code.]]>
<![CDATA[Urgency of Cyber Notary Application In The Pandemic of Covid-19 For The Need of Authentic Deed ]]>
<![CDATA[Isa Anshari Arif]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[This article aims to find out the urgency about the application of Cyber Notary in the recent times that are experiencing a covid-19 pandemic, this research uses a normative method with deductive logic that explains a general thing then draws it to a specific conclusion. That Cyber Notary should have been implemented in Indonesia where it has previously been provided with facilities in Article 6 of the ITE Law and Article 77 paragraphs (1) and (4) of the Company Law, but because the UUJN-P has not yet regulated and as a lex specialis notary position, the Cyber Notary not applicable yet. However, this must be considered again, considering that during the covid-19 era, which was expected to reduce activities outside the home, to reduce the risk of covid-19 virus and not reduce legal services to the community in the form of making authentic deeds. For the implementation of Cyber Notary requires the requirements in the form of changes to several articles in the legislation namely: (1) Article 1868 of the Civil Code, (2) Articles in UUJN-P, (3) Article 5 paragraph (4) in UU ITE, and ( 4) The Stamp Duty Act which has always identified authentic deeds is always in the form of a written deed. And to reduce the security risks of Cyber Notary, external factors that must be considered are: (a) notary ethics, (b) ongoing notary education, (c) electronic data security techniques, and (d) certification authorization.]]>
<![CDATA[Notary Responsibilities of Protocol Holders Toward A Copy of Minuta Due Which Has Not Signed Complete ]]>
<![CDATA[James Pala Joewono]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[Responsibilities of the Notary Protocol Holder for Copies of the Minutes of Deed that have not been Signed in Complete. This study aims to determine the actions of the protocol holder Notary Public if there is a request for a copy of the minutes of the deed whose incomplete signature and legal consequences if the Notary holder of the protocol provides a copy of the minutary deed whose incomplete signature . This study uses normative juridical law research and is equipped with several approaches, namely the statutory approach, conceptual approach and historical approach. Public Notary is a public official who is authorized to make an authentic deed and has other authority as referred to in Law Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position. When the authority is given then the responsibility will be attached to the notary for the transfer of the protocol, including to the notary recipient of the notary protocol and it is incumbent upon the Notary to provide a copy of the minutes of deed when someone comes to request the copy and in fact there are also found the minutes of the deed not signed completely. Based on this, the problem arises regarding the first, What is the action of the protocol holder Notary Public if there is a request for a copy of the minutes of deed that has not yet completed the signature? second, the legal consequences if the Notary of the protocol holder gives a copy of the minutes of deed whose incomplete signature. The results found in this study are that the Notary Public does not need to issue a request for a copy of the Minutes whose signature is not complete at the request of anyone, and the Public Notary can make a statement that the Minutes of the Deed requested by the parties are incomplete or incomplete signed by the parties.]]>
<![CDATA[Independence of Notary PPAT As Bank Partner ]]>
<![CDATA[Hendrik Handoyo Lugito]]>;
<![CDATA[Nynda Fatmawati Octarina]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Notary as a public official who has the authority to make authentic deeds and other deeds mandated by law, where the authentic deeds in accordance with Article 1868 of the Civil Code are deeds made in the form stipulated by law by or in the presence of public officials authorized to that is at the place where the deed was made, and has perfect evidentiary power before a court, unless otherwise stated. In the Bank's operational activities related to the function of the Bank as a channeling institution for funds to the public, it is very necessary to have an authentic deed as a form of legality recognition of the engagement between the Bank and its debtors, and therefore the role of a notary as a partner is urgently needed. However, in the fact, implementation, the Notary must provide an offer to the Bank so that he can enter into a cooperation agreement with the Bank for the preparation of authentic deeds and other matters. The existence of a cooperation agreement between the Bank and the Notary has resulted in the Notary's independence being questioned because it seems as if the Bank can do anything because he is the employer and the Notary is the recipient of the work. Therefore, this study analyzes the level of independence of a notary when he becomes a partner in a bank by conducting research with the juridical-normative method and using a statutory and conceptual approach. The results obtained from this research are the existence of cooperation with the Bank to make the Notary as part of the Bank so that he is not independent in making authentic deeds including in his daily practice both before the cooperation until the time of cooperation. And on this matter, if it is proven that the Notary is not independent, then the authentic deed he has made will become deeds under the hands of the Notary and is threatened by being sued by parties who feel aggrieved by the authentic deed.]]>
<![CDATA[Pertanggungjawaban Pidana Terhadap Kepemilikan Obat Keras Tanpa Resep Dokter ]]>
<![CDATA[Nynda Fatmawati Octarina]]>;
<![CDATA[Muhammad Hasan]]>;
<![CDATA[Danang Teguh Ari Bowo]]>
<![CDATA[ SALAM: Jurnal Sosial dan Budaya Syar-i Vol 9, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/sjsbs.v9i4.26697
<![CDATA[Medicine is one of the human needs when the human body is not healthy. Drugs also have various types with different ways of consuming them. There are some drugs that cannot be consumed freely, in other words, they must be determined by a doctor using a doctor's prescription. Many of the drugs that use a doctor's prescription that have a hard label such as heart drugs, or drugs that contain narcotics and so on. Therefore, in order to avoid things that are detrimental to the user, the purchase of this drug must be with a doctor's prescription. The issue that I will discuss here is whether it is permissible to have medicine without a doctor's prescription, and are there any sanctions. The research method that I use is the statute approach and the conceptual approach. The results of this study are that all purchases of hard drugs must use a doctor's prescription, otherwise it is an illegal act and can be subject to sanctions in accordance with statutory regulations.Keywords: Hard Drugs; Doctor's prescription; Criminal Liability AbstrakObat merupakan salah satu daripada kebutuhan manusia dikala manusia itu kurang sehat kondisi badannya. Obat juga mempunyai berbagai jenis dengan cara mengkonsumsi yang berbeda-beda. Ada beberapa obat yang tidak bisa dikonsumsi secara bebas, dengan kata lain harus ditentukan oleh dokter dengan menggunakan resep dokter. Banyak dari obat yang menggunakan resep dokter yang memiliki label keras seperti obat jantung, atau obat yang mengandung narkotika dan sebagainya. Oleh karenanya, agar tidak terjadi hal-hal yang merugikan bagi pengguna, pembelian obat ini harus dengan resep dokter. Persoalan yang akan saya bahas disini yaitu bolehkah memiliki obat tanpa resep dokter, dan apakah ada sanksinya. Metode penelitian yang saya gunakan yaitu pendekatan undang-undang (statute approach) dan pendekatan konsep (conseptual approach). Hasil penelitian ini yaitu semua pembelian obat keras harus dengan menggunakan resep dokter jika tidak maka termasuk perbuatan yang illegal dan dapat dikenakan sanksi sesuai dengan peraturan perundang-undangan.Kata kunci: Obat Keras; Resep Dokter; Pertanggungjawaban Pidana]]>
