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All Journal Majalah Ilmiah Sultan Agung JURNAL HUKUM Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Masalah-Masalah Hukum ADDIN Jurnal Dinamika Hukum Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Hasanuddin Law Review KERTHA WICAKSANA DIVERSI : Jurnal Hukum ADDIN JHCLS Law Development Journal Sultan Agung Notary Law Review Jurnal Cakrawala Informasi (JCI) Jurnal Ilmiah Sultan Agung Enrichment: Journal of Multidisciplinary Research and Development
Jawade Hafidz
Faculty Of Law UNISSULA Semarang
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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PERAN PPAT DALAM PENYERAHAN FASILITAS UMUM DAN FASILITAS SOSIAL OLEH PENGEMBANG PERUMAHAN KEPADA PEMERINTAH KOTA SEMARANG Yunianto Wahyu Sadewa; Jawade Hafidz
Jurnal Akta Vol 4, No 2 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i2.1778

Abstract

Submission of location permit is required in the provision of social facilities and public facilities. Licensing is a unified process in the housing that is from the beginning to the management stage. The research that the author did in the city of Semarang, Central Java province. The research method applied in this research is the sociological juridical approach.The results of this study are: The role of PPAT has not been directly due to the formation of regulations from the central government and in the city of Semarang has not involved PPAT in the formation of Regional Regulations Semarang City. Factors affecting PPAT in the delivery of public facilities (fasum) and social facilities (fasos) to the Government of Semarang City, the pre-transaction stage where the developer must already have all the relevant licensing in the pre-transaction process until after / after the transaction developer must providing all social facilities and social facilities as promised during the first bidding process. Legal consequences with future PPAT role is expected to provide infrastructure and facilities from initial procurement to delivery based on the principles of openness, accountability, legal certainty, written warning. Suggestion from this research is for PPAT should the process of procurement and management of public facility (fasum) and social facility (fasos) is arranged pursuant to agreement of sale and purchase agreement (PPJB), for Government of Fasum and Fasos which have finished development process should be submitted from the developer to Government so that the responsibility for the management of public facilities and fasos is in the government, and for the National Land Agency (BPN), there must be a harmonious relationship between PPAT and the Land Office as an equal partner.Keywords: Role of PPAT, Submission of Social Facility, Semarang City Government
TINJAUAN YURIDIS KEBATALAN AKTA DAN PERTANGGUNGJAWABAN NOTARIS (Studi Kasus Putusan Perkara Nomor: 10/Pdt.G/2015 PN.Dmk) Ary Yuniastuti; Jawade Hafidz
Jurnal Akta Vol 4, No 2 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i2.1791

Abstract

Research on "Juridical Review of Notice Deed and Notary Accountability (Case Decision Case Study No. 10 / Pdt.G / 2015 PNDmk) aims to know the process of making authentic deeds made before the Notary, the juridical reasons for the occurrence of authentic authenticity deed made by a Notary Public, the responsibility of a notary against the cancellation of the authentic deed already made.In the Decision of the case registers Number 10 / Pdt.G / 2015 / PN.Dmk in the District Court Demak has stated that the notarial deed and PPAT in the event of sale and sale is declared null and void because it does not meet the form of deed as referred to in Article 38 Undang -The Republic of Indonesia Number 2 Year 2014 Concerning Amendment to Law Number 30 Year 2004 Concerning Position of Notary and contrary to Article 1320 of the Civil Code regarding the legal terms of the agreement. Deed which is declared null and void is directly related to the roles and responsibilities of a notary public, is there any relation to the negligence of a notary since in the case of the notarial deed which plays the role of a deed determined by law is notary as an official authorized by law .Keywords: Notary Deed, Reason for Deed of Deed, Liability of Notary.
PENGGUNAAN SURAT KETERANGAN DOMISILI DALAM PENGATURAN HUKUM KEPEMILIKAN TANAH ABSENTE BERKAITAN DENGAN PRAKTEK JUAL-BELI TANAH DI WILAYAH KANTOR TANAH KABUPATEN GROBOGAN Danang Prasetya Nugraha; Jawade Hafidz
Jurnal Akta Vol 4, No 2 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i2.1784

Abstract

The use of the Certificate of Domicile in the process of sale of Agricultural Land Sale, can be negative in the absence of land ownership of agricultural land whose owner is located outside the subdistrict area of the land where the writer wishes to study more in whether in the implementation of the use of the certificate of domicile has been in accordance with the provisions of its enforcement, so the author formulated some of the first issues in how the use of a certificate of domicile in terms of sale of agricultural land if the buyer is domiciled outside the subdistrict of the purchased agricultural land, the second is how the legal consequence of the use of Domicile Certificate in the absence of sale of agricultural land.In the approach the writer uses is a juridical-empirical approach. the juridical approach is used to analyze the rules related to Domicile Litigation in the legal arrangement of Absente Land Ownership in relation to the practice of sale and purchase at the Land Office of Grobogan Regency, while the empirical approach used to analyze the existing law is seen as the behavior of people patterned on the life of society who always interact and deal with social aspects.In the result of the research on the first problem it can be concluded that in the implementation of sale of agricultural land (absente) by using domicile certificate that is not in accordance with ID card is not allowed in the rule of law which is in effect as opposed to Article 10 of Agrarian Basic Law year 1960, so the use of the certificate of domicile should correspond to the original domicile, and is understood to be the real settlement for settlement, while the second problem can be drawn to the conclusion that the legal consequences in the use of a domicile certificate that does not correspond to the original residence in the case of sale buy agricultural land, making the transfer of the right to the land office becomes ineffective because it does not comply with the administrative requirements of national regulation No. 1 of 2010, as well as transfers of agricultural land purchase rights using non-compliant landlords t the real can be null and void. Keywords: Domicile, Selling, Absentee Certificate
PELAKSANAAN PERATURAN WALIKOTA PEKALONGAN NOMOR 35 TAHUN 2010 TENTANG SISTEM DAN PROSEDUR PEMUNGUTAN BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN SERTA PERMASALAHANNYA DI KOTA PEKALONGAN Ikayanti Ikayanti; Jawade Hafidz
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1802

Abstract

One of the taxes levied by the district/city government is the right to land and buildings (BPHTB). Implementation in Pekalongan City based on Pekalongan Perwal No. 35 of 2010. As done in the implementation of Pekalongan Perwal No. 35 of 2010 in processed is a mandatory dishonesty, so that checks the location of objects subject to BPHTB and for taxpayers can not be given and adjusted with compulsory conditions tax.Keywords : Mayor Regulation and Customs Acquisition of Land and Building Rights
Application Of The Principles Of Insurance Law In Fire Insurance Agreements On Credit Guarantees Attached Object Security Rights Rois Harliyanto; Jawade Hafidz
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5034

Abstract

The purpose of this study were 1) to know application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights, 2) To know the weaknesses in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights.Approximation methodused is a normative juridical research that refers to the theories, doctrines, norms, principles, rules relating to matters pertaining to insurance law. The nature of this research was analytic descriptive depict or describe the facts with the implementation of analytical and systematic.Based on this study concluded that 1) Application of the principles of insurance law in fire insurance agreements on credit guarantees attached object security rights are concerned principle consensual taken from one of the terms of agreement, namely the agreement of both parties. People can not be forced to give agreement. Agreed given by force is a contradiction interminis. Coercion indicates the absence of agreement that may be performed by other parties. The deal gives the option to the parties, to agree or disagree bound by a treaty with legal consequences. 2) A weakness in the application of the principles of insurance law in fire insurance agreements on credit guarantees attached object encumbrance is Risk Coverage and Exclusions goods insured.Keywords: Principles of Law; Insurance, Agreements; Fire; Collateral Loans; Mortgage.
JURIDICAL ANALYSIS OF THE ALLEGED CRIMINAL OFFENSE TO MANUFACTURE A NOTARY DEED Subiyanto Subiyanto; Gunarto Gunarto; Jawade Hafidz
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Abstract

Occurred facts civil law that is the buying and selling transaction with the object of property rights of the land, it resulting the appearance of absolute ownership transition. The Constitution No. 5 of 1960, the main points of Agrarian Article 20 (2), the property rights can be switch and to be redirected to another part1. That agreement of buy and sellhave been bornin seconds the reached of “agreed” regarding goods and prices2. Because it happened switch over of rights that is the absolute property rights according to the Civil Law its happened a legal relationship. So that buy and sell legitimately according to the Civil Law it can be poured into the authentic deed that made in front of the Notary public that is the deed of “the keel agreement treaty of buying and selling with the authority”. Buying and selling of the land rights be poured into the authentic deeds that made in front of the Notary public on his authority  according to the constitution, and the Notary is not a part, at the instance of the parts to poured into the authentic deed and further more it’s the lifelong responsibility notary and the notary have the principle of formal correctness so it does not have responsibility to the contents of the deed, but then is in dispute against the bad tagged, The deed has been made Notary made basic a legal disputes in volving notary that made, anytime notary can be assign as a suspect/be detained which had no connection with the contents of the deed.
RECONSTRUCTION OF LEGAL PROTECTION DISTRICT HEAD IN THE ELECTION IMPLEMENTATION OF VALUE-BASED JUSTICE Kukuh Sudarmanto Alugoro; Gunarto Gunarto; Jawade Hafidz
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Regional Head Election (Election) directly represent the democratic party will choose direct Regional Head, things in the most tangible manifestation of sovereignty in the hands of the people, as well as the most concrete manifestation in the state administration. Therefore, the system and the organization of the elections is a major concern because through compliance and quality system, the organization of the elections are expected to be able to truly realize of, by and for the people. In this election there are six (6) issues, namely: (1) election marred by political money and the high cost. (2) Election marred lack of neutrality and the movement of Bureaucracy. (3) That would create horizontal conflicts. (4) Sustainability Political Dynasty. (5) a single candidate in the elections (closing the independent candidates and all buy all political party) and (6) Role of Head highly strategic to the success of the elections. Based on the background of the problem dissertation problem is formulated as follows : (1) Why legal protection Head in the elections this time has not been based on values of justice (2) any constraints faced regarding the protection Head in the elections this time? and (3) How rekonstruksi Head of legal protection in the implementation of the elections based on values of justice? This research is a qualitative sociological juridical approach (Socio Legal Approach). This research approach based on the existing problems want to find a deep meaning and details of the implementation and assessment rbagai legal aspects of relations with non-legal aspects of the working of the law in society. Legal research sociological research follows the pattern of the social sciences in particular so-called socio Legal research research. This study aims to reveal the legal protection Head tasks in the implementation of the elections based on values of justice. The research findings indicate that the Head of Legal Reconstruction in the implementation of local elections is dialam Article 70 (1) c Undang-- Law Number 10 Year No. I of 2014 on the Election of governors, regents and mayors into Law - Law, reads: in the campaign of the candidate pairs banned involves: c. Village Head or other title / Village and the Village or any other designation. Device Village, direkonstrusikan be a partner in the campaign of candidates allowed to involve: c. Devices district and sub-district, the village chief or other designation / Village and the Village or any other designation / Irish Village. It underlies that Head and devices not yet entered the District specifically, when the authority of Head very strategic in the election. In Article 162 (3) of Law No. 10 of 2016 declared the governor, regent or mayor who will perform the replacement officials in lingkungaa Government of Proponsi or state / city in a period of 6 (six) months from the date of the inauguration must obtain the written approval of the Minister, recontextualised became governor, regent or mayor who will make the turn positions in the Government of the Province or District / Town including the post of Head within a period of one (1) year after the date of the inauguration and must obtain the written approval of the Minister, this reconstruction is conceived mean that the implementation of the budget ( budget Revenue and Expenditure) is one year, so that when mutated or removed six months of his then Head of latent performance. Keywords : Legal Protection Head, Regional Head Election, Justice Values base
RECONSTRUCTION OF LEGAL DISPUTES MEDIATION IN HEALTH CARE FOR PATIENTS HOSPITAL BASED ON THE VALUE OF JUSTICE Teguh Anindito; Gunarto Gunarto; Jawade Hafidz
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   Mediation dispute resolution health was originally an alternative dispute resolution, when the mechanism of litigation is deemed unsatisfactory. Dissertation with the title of the reconstruction of legal mediation in disputes over health care for hospital patients based on values of justice     This study aims to discover the reality of the use of mediation in disputes over health care for hospital patients today, analyzing the ratio of mediation in disputes over health services and dispute mediation reconstruct health services for hospital patients based on values of justice.        Research carried out by empirical juridical approach, related to the implementation of health care dispute mediation. Samples were taken by purposive non-random sampling. Informant is all parties involved in the dispute resolution mediation health services, which consist of the patient's family, lawyers, hospitals / doctors, police officers and notaries. Results were analyzed and described by descriptive qualitative.        Research shows that the reality of the implementation of the health mediation has not been carried out in accordance with Article 29 of Act 36 of 2009 on Health ordered mediation in the event of a dispute of medical services and the Supreme Court Regulation No. 1 Year 2016 on Procedures for Mediation in the Court. The findings of the study found that the existing mediation done by involving the police, lawyer or notary. After comparing the model of mediation conducted in Japan, Malaysia and Singapore it is obtained a construction dispute mediation, health services based on values of justice, namely: a. Reconstruction of value by way of consensus. Seek mediation rather than litigation. Mediation aims to achieve a win-win solution for the provision of compensation to patients. b. Reconstruction of the legal form of Amendment Act No. 29 of 2004 on the Practice of  Medicine, especially with the addition of sub-section on Article 64 and Article 72. Triangular Theory of mediation Mediation is required to produce that meets the expectations of all parties. Mediation is not just an alternative dispute resolution, but mediation is imperative for the parties to the dispute in the health service. Recommendation that the settlement through mediation is imperative as well as the need for a mediation agency especially healthKeywords: Mediation, Dispute Health Services, Justice Values 
STANCE AND AUTHORITY OF PEOPLE’S CONSULTATIVE ASSEMBLY DURING REFORMATION ERA Ahmad Mujib Rohmat; Gunarto Gunarto; Jawade Hafidz
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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One of the state-level institution within the governance system of the Republic Of Indonesia is the People’s Consultative Assembly (hereinafter, “MPR RI”, “the MPR’). Prior to the amendment of the Constitution of 1945 (hereinafter, “UUD 1945) during the early period of Reformation (1999-2002), the stance of MPR is considered as the highest statelevel institution in Indonesia empowered with a very broad authority. Based on the idea within the Article 1 sub article (2) of UUD 1945, the understanding as explained in the General Explanatory of UUD 1945 strengthened by the Presidential Decree dated 5 July 1959 as an inseparable part of the UUD 1945, mentioning that the President is responsible to the MPR. Thus, it is to be understood that MPR is the highest institution, or known as the highest state-level institution, so it is common to say that the existence of said institution is to be ruled in the very first part of the UUD 1945.2 The positioning of MPR RI as the highest state-level institution is strengthened by the TAP MPR Nomor IV/MPR/1973 regarding the Stance and Relation amongst the Highest State-Level Institutions with/or Interrelation of Highest State-Level Institution.3 The amendment of the UUD 1945 in the early reformation era, 1992-2002 had changed the very basic ground of the governance system of Indonesia, including the stance of MPR. Through said changes, the MPR is no longer placed as the highest state-level institution to execute the sovereignty of the nation [Article 1 sub article (2)]. It means that the MPR is no longer the source/institution of the state’s highest authority that distributes the authority to the other state-level instituions.4 In regard to this notion, Jimly Asshiddiqqie establishes that subsequent to the amendment of the UUD 1945, “Highest State-Level” institution is no longer acknowledged. In accordance with the doctrine of separation of power within the principle of checks and balances amongst the branches of state’s authority, MPR has the equal position to the other state-level institution.5 The amendment of constitution is to be seen as the changes of fundamental aspects of governance system, from the vertical-hierarchy system with the principal of supremacy of MPR down to the horizontal-functional principal that balances and checks amongst the state institution.6 The Chief of Central Representative Body (DPP) Golkar Party, Aburizal Bakrie suggested that Golkar desired to have a platform that can accommodate the people of Indonesia for the next 25, 50 and up to 100 years. He suggested, due to the absent of GBHN hence the national policy-making process is lied upon the Presidential domain of work and can only reach maximum 5 years of service period. Even if said President is to be re-elected for the next five years of service period, the maximum range will only be extended to 10 years. This 10 years range is deemed too short to set out the national development plan. Hence, it is highly needed to have a national program for long term period for any Ruling President.7 From said explanation regarding the platform, it can be understood that Golkar Party wanted to have the GBHN re-implemented. In the end of service period of MPR members of 2009-2014 period, the MPR set out a General Assembly (GA) Meeting in the end of September 2014 in Jakarta. The results of the Ad Hoc II BP MPR that was validated by the GA are the seven recommendations of the next period of MPR. Said recommendations are the changes of UUD 1945 to strengthen the role of MPR as the institution in amending, establish and to elucidate the UUD 1945.8 In full, the recommendation of the Research Team of Governance System of Indonesia – MPR is “to strengthen the MPR as the state’s institution which has the highest authority in amending, establishing, elucidating the UUD and to give a directive of national policy to the other state’s institutions.”9
PROBLEMS OF DISPUTE RESOLUTION REGIONAL CHIEF ELECTION (GOVERNOR, REGENTS AND MAYOR) Esti Ningrum; Jawade Hafidz
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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The aim of research conducted in this study, is to analyze the problems of the settlement of disputes local election. The problems of settlement of disputes in the implementation of local elections is problematic power of the judiciary in resolving disputes elections daerahmatika power of the judiciary in resolving disputes local elections, and Problems In Dispute Settlement local elections which disputes the results of the local elections of powers MA into the power of the Court, power in the State Administrative Court judge Decision Peneyelnggara local elections, the power of the General Court in dealing with criminal abuses Daeran elections and enforcement of the code of conduct by the Honorary Board of the General Election Organizer.
Co-Authors Achmad Sulchan Adhitya, Bakhtiar Satria Agung Widodo Ahmad Masdar Tohari Ahmad Mujib Rohmat Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Apromico Apromico Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Arum Kurnia Sari Ary Yuniastuti Aryani Witasari Asmak UI Hosnah Avia Surya Ningrum Ayu Kartika Dewi, Kadek Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Cahyowati, Yeti Carki Carki Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Doni Cakra Gumilar Dwi Margono Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fitriani Akrima Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Hendy Hendariyadi Hengki Irawan Heri Mulyono Hikmatul Mahfiyyah Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Joko Hermawan Sulistyo Khairul Iman Susanto Khalam Faozy Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Makmaker, Petronela Yosinta Kelyombar Martin Anggiat Maranata Manurung Maryanto Maryanto Muhammad Azam Muhammat Teguh Safi'i Mursito, Bambang Nanang Sri Darmadi Ngadino Ngadino Norma Sari Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti Paruhum, Raja Toga Peni Rinda Listyawati Prasetia Wiranto, Agus Priyantono Priyantono Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Rizky Adi Prinandito Robertus David Mahendra Saputra Rois Harliyanto Saddam Hussein Sarbudin Panjaitan Satria, Moh. Pandu Putra Sebastian Wibisono Sefin Anggi Riyantika Setiyawan, Deni Sheila Indah Kurnianingsih Siswanto, Moh. Aris Siti Rohaeti Soegianto Soegianto Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Suwono Suwono Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Teguh Anindito Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Widayati Widayati Widhi Handoko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis