Articles
<![CDATA[Suspension of Detention of Suspects in Framework of Realizing Human Rights Protection ]]>
<![CDATA[Fitriani Akrima]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.106-113
<![CDATA[The purpose of this research is 1) To find out and analyze the detention suspension process for suspects at the Bogor Police; 2) To find out and analyze about suspended detention to realize the protection of human rights, and to find out and analyze the obstacles in the implementation of suspension of detention and efforts to overcome them. The approach method used is Sociological juridical which in other words is a type of sociological legal research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. This research was analyzed using the theory of law enforcement, human rights and justice. The conclusion of this research is that the process of detention of a suspect at the Bogor Police is given to a suspect who has committed a criminal act and is carried out by the investigator, where the suspect in a criminal case filed strong and accountable reasons a request or request for a suspension of detention which can later be used as a basis for consideration and in accordance with Article 31 of the Criminal Procedure Code it has been stated that the suspension is carried out based on stipulated conditions, namely compulsory reporting, not leaving the house or not leaving the city.]]>
<![CDATA[The Victims Rights & Conditions Protection On Trafficting Crime Through The Implementation Of Restitutions ]]>
<![CDATA[Sefin Anggi Riyantika]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.298-306
<![CDATA[This study aims to further analyze the protection of victims of the crime of human trafficking who have not been able to accommodate the rights and losses of victims. The approach method used is sociological juridical. Based on the analysis of the existing findings, it is clear that the implementation of the protection of the rights of victims of human trafficking has not been running effectively due to unclear restitution arrangements, both in terms of magnitude and related to criminal arrangements for replacement of restitution. The Crime of Human trafficking is a crime against humanity that can harm a person both materially and physically and mentally. In addition, it is necessary for victims of human trafficking to obtain protection of their rights, which in this case can be done through restitution. In practice, the amount of restitution is not clearly defined. In addition, the existence of a criminal substitute for compensation, which in this case includes restitution, makes the implementation of restitution difficult for victims of human trafficking. Such conditions clearly contradict the First Precepts, Second Precepts, and Fifth Precepts of Pancasila, as well as the Fourth Paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia as the purpose of the state, as well as Article 28D paragraph (1) and Article 28G Paragraph (1 ) and Paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the basic foundation related to the human rights of victims of human trafficking, and as a legal ratio in law in Indonesia. ]]>
<![CDATA[Implementation Of Restorative Justice In Traffic Accident Settlement ]]>
<![CDATA[Indra Jaya Syafputra]]>;
<![CDATA[Maryanto Maryanto]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.399-406
<![CDATA[This study aims to determine and analyze the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and the obstacles that arise in the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police is aimed at justice by referring to the Criminal Procedure Code, the LLAJ Law, the Police Law, and the National Police Perkap Number 6 of 2019. In its application there are obstacles, namely the lack of legal awareness of community and intervention from third parties.]]>
<![CDATA[Law Enforcement against Criminal Action with Fingerprint Evidence ]]>
<![CDATA[Wilddan Auliya]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.302-306
<![CDATA[The objectives of this study are 1) To study and analyze law enforcement against the perpetrator of the crime of theft using fingerprint evidence. 2) To analyze the factors that influence law enforcement against the perpetrators of criminal acts of theft. 3) To formulate should be obstacles and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence in the future. This research method uses empirical juridical research. The results of the study concluded that: 1) Law enforcement against perpetrators of criminal acts of theft with fingerprint evidence uses 2 (two) means, namely: a) Non-penal means are law enforcement against criminal acts using the means non penal includes the use of social facilities to improve certain social conditions, but indirectly affects efforts to prevent crime. b) Penal facility Penal facility is the prevention of crime by using criminal law and for studying fingerprints or often referred to as evidence which is one part of assistive science used by the police in taking and studying fingerprints. 2) The factors that influence law enforcement on the eradication of criminal acts of theft consist of internal and external factors. Internal factors consist of social inequality, economic inequality, injustice. 3) Constraints and solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence a) the obstacles faced are legal aspects and aspects of investigators b) Solutions in law enforcement against perpetrators of criminal acts of theft with fingerprint evidence require a role/action Indonesian Police in law enforcement, especially in handling criminal acts of theft with fingerprint evidence (dactyloscopy), it can be seen that the police action in dealing with criminal acts of theft in the future is besides maintaining its procedures (Permanent Program), namely chain patrols, early detection, handling of TKP that were attacked by the Police, Polwiltabes and Central Java Regional Police/as well as case titles until the case is revealed.]]>
<![CDATA[Evidence System of Counting Elements of State Loss Against Corruption Criminal Actions in Indonesian Criminal Jurisdiction System ]]>
<![CDATA[M. Rizal Bagaskoro]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.619-625
<![CDATA[This study seeks to answer the problem of what is the legal problem in the process of proving the calculation of elements of the State Financial Loss on Corruption? And what is the solution to legal problems in Evidence of Calculation of Elements of State Financial Losses on Corruption in the Criminal Justice System? Research for is normative research. Based on the research, it can be concluded that the problems of the legal system are related to the substance of the law in law enforcement on corruption which is detrimental to state finances and problems in the legal system related to the legal structure in law enforcement in criminal acts of corruption that are detrimental to state finances.]]>
<![CDATA[Juridical Analysis of Crimination against Civilizers of Civil Crimination ]]>
<![CDATA[Sebastian Wibisono]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.130-139
<![CDATA[The formulation of the problem in this research is: What is the process of convicting the perpetrators of criminal acts of detention at the Kendal District Court? What are the obstacles faced by judges in examining and deciding cases of criminal detention at the Kendal District Court and what are the solutions? What is the judge's consideration in deciding criminal cases at the Kendal District Court? The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. Based on the results of research that pThe criminal process for the perpetrators of a criminal act of detention at the Kendal District Court is that the defendant is charged under Article 480 paragraph (1) of the Criminal Code concerning detention. The convictions of the perpetrators of criminal acts at the Kendal District Court in this case the verdict handed down by the Panel of Judges against the defendant was lighter than the charges. Obstacles, namely the imposition of crimes by judges who may be considered lightly by some people in general. The solution is efforts to prevent criminal acts in society, as it is known, the provision of a deterrent effect through the provision of sanctions. Judges' considerations in Deciding Criminal Cases at Kendal District Court are correct, because based on the evidence presented at the trial, it shows that the defendant is found guilty of committing the criminal act of detention and matching all the elements in Article 480 of the Criminal Code. However, the imprisonment imposed by the panel of judges is relatively lighter than the demands of the public prosecutor in which the demands of the public prosecutor are also considered light so that they can provide a deterrent effect on the perpetrators of criminal custody.]]>
<![CDATA[The Role & Responsibility of Notaries for the Lost Minuta Due to Notary's Negligence ]]>
<![CDATA[Arum Kurnia Sari]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.2.328-339
<![CDATA[The purpose of this research is to find out and analyze: 1). The role and responsibility of the Notary in solving the problem of the loss of the minutes of the deed due to his negligence. 2) Legal implications for a Notary who due to negligence results in the loss of the minutes of the deed. The approach method in this research is sociological juridical. The data used are primary and secondary data obtained through interviews and literature study. The technique of collecting legal materials in this research is by using observation, interview and study document techniques, while the data analysis method is done by analytical descriptive method. The results of the research concluded: 1) The role and responsibility of the Notary in solving the problem of the loss of minutes of deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Position Act, namely making a deed in the form of a minuta deed and storing it as part of the Notary Protocol. In resolving the loss of the minutes of the deed, one of them is to compensate the parties for losses. 2) The legal implication for a Notary who due to his negligence results in the loss of the minutes of the deed can be sanctioned, as stated in Article 9 paragraph (1) letter d of the UUJN namely temporary dismissal from his position as a Notary If the Notary in making the deed is not in accordance with the laws and regulations applicable law, in this case is not in accordance with UUJN, then the act of the Notary can be qualified as a violation of the law. Unlawful Acts are regulated in Article 1365 to Article 1380 of the Civil Code that every unlawful act causes harm to another person causing the person because of his fault to make the loss to compensate for the loss.]]>
<![CDATA[Standing Authentic Evidence Which Application Made By Notary-PPAT Of Uitvoerbaar Bij Voorraad (Ruling That Can Run Over First) ]]>
<![CDATA[Saddam Hussein]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.2.55-62
<![CDATA[This study aims to determine the extent of the Status Evidence Authentic Notary or PPAT made towards the implementation of Voerbaar Uit Voorraad Bij (The decision to run first) in the District Court of Class IA Kendari. This study uses normative juridical approach, where data is collected through the study of literature materials and interviews and then analyzed by qualitative descriptive method is an argument of a logical and systematic law in accordance with the formulation of the problem has been formulated.From the results of the research it is concluded that from the point of view of the Law of Evidence in the world of Justice in Indonesia that the Position of Authentic Evidence made by a Notary or PPAT is the same / equivalent to other Authentic Evidence made by other authorized officials such as BPN, Camat, Bailiff, etc., as well as Decisions that can be implemented in advance (uitvoerbaar bij voorraad) and decisions that have permanent strength still experience obstacles in their implementation. These obstacles are caused by both juridical and non-juridical factors. Decisions that can be implemented first (uitvoerbaar bij voorraad) are still very rare, practiced in district courts, especially the Klas IA Kendari district court, that based on our research results, data is obtained that within a period of 4 years, from January 2016 to December 2019 The Kendari District Court has only 1 (one) decision regarding the uitvoerbaar bij voorraad. The obstacles experienced by judges in the District Court, especially the Kendari District Court, are due to the tight supervision of the High Court and the Supreme Court. Because in order to carry out a decision that can be implemented in advance (uitvoerbaar bij voorraad), it must obtain approval from the High Court, and even the High Court before allowing the implementation of the decision or execution, sometimes asking for consideration from the Supreme Court. This is the cause of the Judges' reluctance to issue a verdict that can be implemented first (uitvoerbaar bij voorraad).]]>
<![CDATA[Juridical Analysis of Court Decisions Regarding Adopted Children in Their Position as Sole Heirs ]]>
<![CDATA[Hikmatul Mahfiyyah]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.4.1193-1201
<![CDATA[It is human nature to live peacefully and happily with a complete family. As a complement to a family is the birth of children. When the offspring in the form of the desired child is not obtained naturally, it is done by adopting a child. The legal basis for regulating child adoption prior to the enactment of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, is carried out based on customary law, sharia law, and also based on a deed of adoption made before a notary, but after the enactment of Government Regulation Number 54 of 2007 concerning Implementation of Adoption child, the adoption of a child must be carried out through a court decision or stipulation. The need for a notary deed here is meant by the existence of a deed made before a notary, the deviations in a child adoption process will be minimized. The act of adopting a child contains juridical consequences that the adopted child has legal standing against the adopter, also includes the right to be able to inherit the wealth left by his adoptive parents at the time of death.]]>
<![CDATA[Analysis of the Authority of the Substitute Notary Public in Preparing a Cooperative Establishment Deed ]]>
<![CDATA[Virginia Puspa Dianti]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.4.441-449
<![CDATA[The main objective of cooperatives is established as regulated in Article 4 of Act No 17 of 2012 to improve the welfare of Members in particular and society in general, as well as as an inseparable part of a democratic and just national economic order. The formulation of the problem in this research is how to implement the establishment of a Cooperative deed according to Act No 17 of 2012? And does the substitute notary have the authority to make a cooperative deed? The type of research used by the author is normative legal research by examining library materials related to the authority of the substitute notary in making cooperative establishment deeds based on a qualitative approach. Sources and types of data in this study were obtained through secondary data. To obtain the necessary data, the author collects laws and regulations relating to the title that the author takes. In addition, the author can obtain information through searching books and scientific works of legal experts. In this case the Author analyzes the Authority of the Substitute Notary in Preparing the Cooperative Establishment Deed. From this research, the author obtained the following results: (1) The establishment of a Cooperative is carried out by means of a Cooperative Establishment Deed made by a Notary registered at the Ministry of Cooperatives in Indonesian. (2) Substitute Notary Public can also make a Cooperative Deed of Establishment as long as the Substitute Notary is registered with the Ministry that administers Government affairs in the field of cooperatives.]]>
