Articles
Legal Review of Legalization and Waarmerking by Indonesian Notary
Wahid Mahbub;
Jawade Hafidz
Sultan Agung Notary Law Review Vol 2, No 1 (2020): March 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.2.1.32-40
Notary is a Public Official who is authorized to make authentic deeds and has other powers as referred to in this law or based on other laws according to the Law on Notary Position Number 30 of 2004 jo. Act No. 2 of 2014 in particular Article 15 paragraph 2 letters a and b, namely: Notaries have the authority to ratify signatures and determine the certainty of the date of the letter under hand by registering in a Special book and affixing the letter under hand by registering in a special book. One example is the case Number: 174 / Pdt.G / 2009 / PN.SMG. Jo. Number: 356 / Pdt / 2010 / PT.SMG. Jo. Number: 1245 K / Pdt / 2011 / MA. Notary was made a co-defendant in issuing Deed Number: 3 dated June 22, 2004 concerning the Minutes of the GMS with the agenda of meeting amendments to the company's articles of association and Deed Number: 7 dated 21 July 2005 regarding the Minutes of the GMS with the agenda of the approval meeting for the transfer of shares as well as the Deed Number: 8 dated 21 July 2005 and the Deed Number: 9 dated 21 July 2005 regarding the sale and purchase of shares. The aforementioned Deed is drawn up based on a power of attorney legalized by a Notary Number: 434 / L / 2005. The problems can be formulated how the implementation of legalization and Waarmerking is carried out by a Notary in Indonesia and what is the responsibility of the Notary in carrying out legalization and Waarmerking of deeds under hand in Indonesia and also what are the consequences of legalization and Waarmerking of the deed in under the hands of a Notary in Indonesia. The research used is a normative legal approach (normative legal research). And the results is that the implementation of legalization and Waarmerking carried out by a Notary in Indonesia in case Number: 174 / Pdt.G / 2009 / PN.SMG. Jo. Number: 356 / Pdt / 2010 / PT.SMG. Jo. Number: 1245 K / Pdt / 2011 / MA. Formally, it has fulfilled the requirements for the form and type of deed as stipulated in the Law on Notary Position Number 30 of 2004 Jo. Law on Notary Position Number: 2 of 2014.
Legal Consequences of Financing a PT Established by Husband and Wife Without a Marriage Agreement on the Signing of a Lease Agreement
M Madaninabawi;
Jawade Hafidz
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.3.4.1286-1298
The purpose of this study is to analyze: 1). Regulation of the establishment of a limited liability company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company. 2). The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement are the signing of a lease agreement at a finance company. The research method used in this research is normative juridical research. The data in this study uses secondary data, which is sourced from library materials, while the data analysis uses qualitative analysis. The conclusions in this study are: 1) The regulation of the establishment of a Limited Liability Company by a married couple without a marriage agreement on the signing of a lease agreement in a finance company, namely basically there is no clear statutory regulation regarding the establishment of a Limited Liability Company (PT) by a married couple without a marriage agreement, In practice, it is possible for a Notary to continue serving on the grounds that a PT is an agreement between two or more people and husband and wife as legal subjects have rights and obligations under the law. Even in the establishment of a PT, the Indonesian Ministry of Law and Human Rights - SABH never questioned husband and wife or not, the legal entity of the PT was still ratified. Generally, the lease agreement made is in the standard form made by the lessor, while the lessee only agrees to it. The agreement made is binding on the parties who make it. 2) The legal consequences of a Limited Liability Company established by a married couple without a marriage agreement on the signing of a lease agreement at a finance company, namely the agreement is valid if it fulfills the conditions in the agreement, but in the event of bankruptcy or default in the lease agreement, the liability for the debt or losses to the finance company are not only borne by the assets available in the PT, if the assets in the PT are not sufficient to pay the debts, then husband and wife as well as founders and shareholders will share in the use of the joint assets.
Cyberbullying, Etika Bermedia Sosial, dan Pengaturan Hukumnya
Jawade Hafidz
Jurnal Cakrawala Informasi Vol 1 No 2 (2021): Desember : Jurnal Cakrawala Informasi
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) - Institut Teknologi dan Bisnis Semarang
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DOI: 10.54066/jci.v1i2.147
Cyberbullying merupakan tindakan perundungan yang dilakukan oleh seseorang terhadap orang lain dengan sarana internet di ruang media sosial. Dampak cyberbullying terhadap korban tidak hanya merugikan secara psikis tetapi juga fisik. Menerapkan etika dalam mempergunakan media sosial merupakan suatu hal yang sangat penting dilakukan, selain menjaga kehormatan diri dan orang lain, juga dapat terhindar dari hal-hal negatif dan terhindar dari jerat hukum. Pendekatan yuridis normatif dengan spesifikasi penelitian bersifat deskriptif analisis digunakan dalam penelitian ini. Data yang digunakan adalah data sekunder yang didapatkan melalui studi kepustakaan, yang kemudian dianalisis secara kualitatif. Hasil penelitian ini menunjukkan bahwa cyberbullying terjadi karena kurangnya etika di dalam menggunakan media sosial. Etika dalam bermedia sosial (netiquette) diterapkan agar tidak terjadi missing information dan missunderstanding, yang dapat menimbulkan konflik. Cyberbullying merupakan perbuatan yang melanggar hak asasi orang lain dan melanggar hukum. Bagi pelakunya harus mempertanggungjawabkan perbuatannya karena telah merugikan orang lain. Tindakan perundungan di media sosial atau yang dikenal dengan cyberbullying mempunyai dampak yang lebih buruk daripada tindakan bully yang dilakukan secara langsung oleh pelaku di depan korban. Tidak sedikit cyberbullying yang akhirnya dibawa ke jalur hukum oleh korban, karena sudah termasuk dalam unsur-unsur tindak pidana. Ketentuan cyberbullying telah diatur dalam Undang-Undang Nomor 19 Tahun 2016, diantaranya termasuk dalam bentuk tindak pidana, penghinaan dan/atau pencemaran nama baik [Pasal 27 ayat (3)], pemerasan dan/atau pengancaman [Pasal 27 ayat (4)], ujaran kebencian dan permusuhan [Pasal 28 ayat (2)], serta pengancaman dengan kekerasan atau menakuti-nakuti [Pasal 29]. Sanksi pidananya cukup berat, yakni berupa pidana penjara dan/atau denda.
The Process of Investigation on Child Criminal Theft Committed Under Diversion
Wahyu Ismail;
Jawade Hafidz;
Denny Suwondo
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.4.2.272-278
The purpose of this research is to find out and analyze the process of investigating the crime of children committing theft which is not diverted. To find out and analyze the obstacles in the process of investigating the crime of children committing theft that is not diverted and the solution. The method used by the researcher isnormative legal approachandThe specifications in this study are descriptive.The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study thatThe Process of Investigating the Crime of Children Committing Theft That Wasn't Done Diversioni.e. investigators make summons, arrests, search bodies/houses, confiscate evidence, detain and file cases they handle. In addition, investigations of children who commit crimes of theft are carried out in a family atmosphere to children who carry out the investigation process. consideration or advice from community counselors or if necessary to educational experts, psychologists, psychiatrists, religious leaders, social workers and other experts in Cirebon Regency.The obstacle isThere is no Social Welfare Organization (LPKS), not all cases can be diverted and detention for investigation purposes too short. The solution is the Police Coordinates with the Government on LPKS, Investigators Provide Advice to Perpetrators and Victims, Police Conduct Workshops to Discuss the Juvenile Justice System Act.
The Policy of the Prosecutor's Authority in Termination of Prosecutions based on Restorative Justice in Criminal Justice System In Indonesia
Laksamana Bagas Dewandaru;
Jawade Hafidz;
Latifah Hanim
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.4.3.403-415
This study aims to determine the policy of the prosecutor's authority in terminating prosecution based on restorative justice in the criminal justice system, namely based on the principle of opportunity, namely the Prosecutor's Office is the only State Institution controlling cases or has the authority to continue or not file cases to the Court based on the provisions of the Act. This authority is implied in the form of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The approach method used is normative juridical. Specifications are descriptive analytical. The type of data is secondary data, divided into legal materials derived from law and legal science. The method of data collection through literature study and interviews with the data analysis method is qualitative analysis. The Prosecutor's Law is included in attribution, namely the granting of government authority by lawmakers to government organs. In Islamic criminal theory, the authority to stop prosecution based on restorative justice is included as special prevention and according to the history of Islamic development, it is included in the rehabilitation of the criminal. In the research conducted by the researcher, it was found that there were obstacles in stopping prosecution based on restorative justice at the Banggai District Prosecutor's Office, namely based on the decree of the Banggai District Attorney Number B-748/P.2.11/Eoh.2/11/2021, namely the distance traveled by the parties involved. The case with the Banggai District Prosecutor's Office is quite far away, with the condition of the road infrastructure being unfavorable. The crime committed is domestic violence which makes it difficult for peaceful efforts to be carried out, so that the time allotted is very limited. If drawn from the theory of law enforcement, these obstacles are included in the legal culture and legal substance.
The Legal Protection for Children as Criminal Actors
Robertus David Mahendra Saputra;
Jawade Hafidz;
Denny Suwondo
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.4.3.461-469
The purpose of this research is to analyze the legal protection of children as perpetrators of criminal acts, to analyze the obstacles in the legal protection of children as perpetrators of criminal acts, and to analyze solutions to obstacles in the legal protection of children as perpetrators of criminal acts. This research uses a normative juridical approach, with descriptive research methods that are analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study concluded that the form of legal protection given to children as perpetrators in criminal acts is in accordance with Act No. 11 of 2012 concerning Juvenile Justice and the Criminal Code, namely returning to parents (Article 45 of the Criminal Code), rehabilitation, detention processes (Article 32 of Act No. 11 of 2012). The obstacles faced are the psychological condition of the child who is still unstable, the origin of the perpetrator, and the time required to administer the judicial process, and the lack of cooperation and coordination between the perpetrator, the victim, and the Fathers. The solution that can be given is coordination between stakeholders in handling children in conflict with the law (ABH) must be more intense, it is necessary to involve the community and non-governmental organizations (NGOs) in prevention programs and after care programs for children in conflict with the law (ABH), encourage various parties to intensify case resolution using the principle of restorative justice by means of diversion
The Implementation of Diversion in Handling of Criminal Actions Performed by Child
Anak Agung Putra Dwipayana;
Jawade Hafidz;
Aryani Witasari
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung
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DOI: 10.30659/ldj.4.2.339-346
The purpose of this study was to obtain and find out information data about the implementation of diversion in handling criminal acts committed by children. The method used by the researcher was legal approach normative juridical and the specifications in this study were descriptive. The sources and types of data in this study are secondary data obtained from literature studies which were analyzed qualitatively. Based on the results of the study that implementation of diversion in handling criminal acts committed by children carried out by investigators, especially at the investigation stage, namely investigators have carried out law enforcement properly by receiving and serving every report or complaint given by the community and perpetrators by always fulfilling the rights of victims and suspects in order to provide a sense of justice for both the suspect and the victim. The obstacles include legal regulations and their handling procedures that do not support criminal acts committed by children with mental disorders. Law enforcers, in this case child investigators, are still lacking both in terms of the number of investigators and the level of knowledge of investigators in handling child crimes. There is no Temporary Child Placement Institution (LPAS) as mandated in Act No. 11 of 2012. The effort is to carry out the stages of the investigation in accordance with the SOP accompanied by asking for advice and input from prosecutors and experts. Request an increase in the number of personnel and carry out training and vocational education for personnel as well as carry out sharing and brainstorming with the Prosecutor's Office. Coordinate with the Social Service to facilitate child offenders who do not have parents or a place to live.
The Legal Position of Attorney’s Power Imposing Mortgage Rights in Providing Subsidized Home Ownership Credit Facilities
Heri Mulyono;
Jawade Hafidz;
Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.4.2.543-554
This study aims to determine and analyze the legal position of the power of attorney imposing mortgage rights in the provision of subsidized housing credit facilities related to Article 15 paragraph (5) of Act No. 6 of 1994 concerning Mortgage Rights provides an exception for the period of time for the Power of Attorney to impose Mortgage Rights (SKMHT) granted to guarantee certain loans and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of Act No. 22 of 2017 concerning Determination of the Deadline for the Use of Power of Attorney Imposing Mortgage to Guarantee the Repayment of Certain Loans. This study uses an empirical juridical approach that relies on primary field research data and the research specifications applied in this study are descriptive analytical with population and the sampling technique used is non-random sampling with purposive sampling. The results of this study indicate that the Power of Attorney to impose Mortgage has a function as a power of attorney addressed to the mortgage holder or other party to represent the mortgage giver himself present before the PPAT to carry out the encumbrance of the Mortgage, as well as a form of binding guarantees to creditors. In the event that the debtor is in arrears/defaults, the creditor can exercise his rights based on Article 1276 of the Civil Code, namely suing for matters to fulfill/implement the agreement.
The Provision of Unsecured Micro Business Loans at Bank BKC Susukan Branch Office of Cirebon Regency
Carki Carki;
Jawade Hafidz;
Nanang Sri Darmadi
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.4.3.822-831
Micro Business Credit is financing for Micro, Small, Medium Enterprises (MSMEs) in the form of providing working capital supported by guarantee facilities for productive businesses. Bank BKC Susukan Branch of Cirebon Regency is a Regional Rural Bank in addition to conventional commercial banks such as BNI, BTN, Bank Mandiri, Bukopin, Mandiri Syariah Bank which is trusted by the government to distribute business loans. The phenomenon that occurs, through this Micro Business Credit, the borrower does not need to provide collateral to the bank because this credit is a loan without collateral and has been guaranteed by the government. This does not mean that if the program has been borne by the government, this program can run smoothly and in accordance with the desired expectations. Basically, this loan is one of the BANK BKC program for the Susukan Branch Office where the bank is the place for micro business credit to be distributed to the public, of course with the internal policies and requirements of the bank. Therefore, unsecured credit is facilitated by this bank because it is basically micro-enterprises that drive the economy of the area, therefore with the aim of helping the micro community, banks also benefit from good economic movements, so that bank activities in the bank's business will be good because with the existence of a given credit means that the bank earns a relatively high interest considering that the loan is given without any collateral.
The Cancellation of the Sale & Purchase Binding Deed Carried Out before a Notary by the Parties
Komarudin Komarudin;
Jawade Hafidz
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung
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DOI: 10.30659/sanlar.4.2.341-356
This study aims to determineand analyzelegal considerations used by judges in making decisions on the cancellation of the sale and purchase binding deed carried out before a notary by the parties, to find out and analyze the legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the parties, to find out and analyze the legal remedies that can be taken by the parties in the cancellation of the binding deed buying and selling made before a notary. This research method usesnormative juridical approach.Research specificationsin this research is descriptive analytical. Techniques and data collection in this study were carried out using library research methods. Methods of data analysis using descriptive data analysis using inductive thinking method. The results of the study show that: 1) Legal considerations used by judges in making decisions oncancellation of the deed of binding sale and purchase carried out before a notary by the parties isif one of the parties defaults and to sue based on the agreed articles. 2) The legal consequences of the cancellation of the sale and purchase binding deed by the judge carried out before a notary by the partiesare compensation, cancellation of agreement, and cancellation accompanied by compensation. 3) Legal remedies that can be taken by the parties in the cancellation of the sale and purchase binding deed made before a notary are: the buyer can make a claim for compensation in the fulfillment of a sense of justice.