Articles
<![CDATA[PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM E-COMMERCE SEBAGAI AKIBAT DARI GLOBALISASI EKONOMI. ]]>
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v1i2.1476
<![CDATA[Globalization's impact on the development of technological advances free trade between countries. through international trade spawned free trade rules and more focus on the development of a free market, quickly in a life without limits. The realization of the consequences of free trade globalization is the emergence of the phenomenon of Electronic Commerce. The research method used is normative juridical. legal research literature is legal research conducted by examining the library materials or secondary data. The results obtained that legal protection for parties in e-commerce as a result of economic globalization include the two sides are in agreement and outside the Agreement, as well as E-Commerce Transactions settings in Act No. 11 of 2008 can be described as the need for the existence of an Institution Certification Reliability to certify to the party who will conduct electronic transactions (Article 10); Setting the implementation of the Electronic Transactions (Article 17 Paragraph (3)); Regulation on Electronic Contract for Electronic Transactions (Article 18 Paragraph (1)); Dispute Resolution on Electronic Transactions (Article 18, Paragraph (3)); Electronic system as a system implementation Electronic Transactions (Article 19); Regulation on Electronic Agents as intermediaries in Electronic Transactions (Article 21 and 22).]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN KEJAHATAN PERDAGANGAN ORANG (STUDI TENTANG IMPLEMENTASI UNDANG-UNDANG NO. 21 TAHUN 2007) ]]>
<![CDATA[Lathifah Hanim]]>;
<![CDATA[Adityo Putro Prakoso]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i2.1434
<![CDATA[Human Trafficking especially against women and children is a crime whose perpetrators must be severely punished. Most victims of trafficking are women and children whose educational level is low and the weak economic situation, therefore victims should receive legal protection. The method used in this research is juridical sociological or socio legal research, the method or procedure used to solve research problems by examining secondary data such as ingredients laws or regulations applicable law followed by conducting research on the data primer on the field. The results showed, 1) factors that cause human trafficking are poverty, low education, Promiscuity, lack of information. 2) obstacles in the legal protection for trafficking victims even though the government has issued Law No. 21 of 2007 on the Eradication of Trafficking in Persons, but it is unfortunate that the law can not be enforced effectively, because there are some obstacles in the form factor of non-juridical include economic factors, poverty, education factors are low and social and cultural factors.]]>
<![CDATA[PENYELESAIAN PERJANJIAN KREDIT BANK SEBAGAI AKIBATFORCE MAJEURE KARENA GEMPA DI YOGYAKARTA ]]>
<![CDATA[Lathifah Hanim]]>;
<![CDATA[MS. Noorman]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v3i2.1406
<![CDATA[ Pursuant to Article 1338 of the Civil Code, any agreement must be subject to the principle of good faith (bona fide / good faith) in its implementation because of its binding nature as a law. Exceptions to those provisions are found in the provisions governing the conditions of force majeure in Article 1244 and Article 1245 Civil Code. The legal system of the Civil Code does not introduce the principle of poached sic stantibus in the realm of covenant law, but rather put forward the aspects of force majeure. In banking practice in Indonesia, generally the bank credit agreement used is a standard agreement or a standard agreement in which clauses have been prepared previously by the bank. Accordingly, the customer as a debtor candidate has only the choice between accepting the entire contents of the agreement clauses or not willing to accept the clauses either partially or wholly resulting in the customer not receiving the credit. The formulation of the problem is how the bank's efforts in the settlement of the credit agreement of the bank as a result of force majeure, due to the earthquake in Yogyakarta. This research uses the concept of doctrinal and non doctrinal law. Non-doctrinal legal research, the approach is 2 (two) that is qualitative and quantitative. This research uses qualitative research. The result of the research is the effort of bank in the settlement of bank credit agreement as a result of force majeure, because the earthquake in Yogyakarta is done by recheduling (Rescheduling payment), reconditioning (Partial / total terms changes from credit), restructuring (Re-arrangement of credit terms), Execution of guarantee through auction and PBI Number 8/10 / PBI / 2006, PBI Number 8/15 / PBI / 2006, PBI. 11/27 / PBI / 2009.]]>
<![CDATA[THE ROLE AND RESPONSIBILITY OF A NOTARY TO CANCELLATION OF THE DUE TO THE WILL HAS BEEN DONE ]]>
<![CDATA[Muhammad Hakiki Dharmawan]]>;
<![CDATA[Lathifah Hanim]]>;
<![CDATA[Ngadino Ngadino]]>
<![CDATA[ Jurnal Akta Vol 6, No 4 (2019): December 2019 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v6i4.7971
<![CDATA[The purpose of this study as follows: 1) To analyze and clarify the roles and responsibilities towards the cancellation of a notary deed will have been made before. 2) To analyze and explain the obligations to be performed by a notary deed after the will was made. 3) To analyze and explain the responsibilities of a notary deed will made beforeThe research method used is juridical Normative and specifications in this research include descriptive.Now the sources and types of data in this research is primary data obtained from field studies and interviews. And secondary data obtained from the literature. Based on the results of research thatThe role and responsibilities of a notary to act that is canceled if one party has been in default and notaries have met the terms of a formal deed, the notary is not responsible or may not be deducted on the cancellation of the deed. Shall notify all acts of will (testament acte) made to the Central Register of Wills Section (DPW) and Universal Heritage (BHP) both open testament (openbaar testament), written testament (olographis testament), as well as a closed or secret testament. If the act of will (testament ACTE) is not registered then it will not happen binding. Moreover, notaries are also obliged to report or inform one's will on a five (5) days of the first week of each month. If you do not report it, then the act is not applicable as authentic documents, or in other words the act is only valid as a deed under hand, can even be declared null and void. Responsibility of the Deed of Wills Made in front of him is a) moral responsibility, b) ethical responsibility, c) a legal obligation, consisting of two (2) terms: 1. In terms of formal 2. in terms of material. Act against the will (testament acte) made in front of him, read it in the presence of a notary is responsible for the witnesses.Keywords : Roles, Responsibilities, Notary Act, Wills]]>
<![CDATA[Legal Consequences of the Merger of Companies on the Implementation of Guarantee Function of Mortgage ]]>
<![CDATA[Halim Ady Kurniawan]]>;
<![CDATA[Widhi Handoko]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.1.74-88
<![CDATA[This study aims to: 1) Knowing and analyzing the execution of mortgage guarantees due to the company merger, 2) Knowing and analyzing the legal consequences of the merger on mortgage holders to be executed, 3) Knowing the deed of settlement resulting from the company merger on the implementation of the mortgage guarantee function. The research method used empirical juridical, namely by collecting data or statutory regulations, as well as conducting interviews with related respondents. The specifications used in this study were descriptive analysis. Researchers used empirical specifications with primary and secondary data. The primary data used were obtained directly through the opinions and statements of the respondents through interviews and the reality in the field through observation. The secondary data used by the researcher is carried out by conducting a literature study by reviewing, analyzing and then processing it into a descriptive narrative so that it is easy to understand when read. The data analysis method used by researchers from the stages of primary and secondary data obtained would be descriptive-qualitative analysis. Based on the research, it can be concluded that the legal consequences of the company merger on the implementation of the mortgage guarantee function of the old company that had merged did not renew the credit agreement and mortgage certificate after the merger, so that the new company could not carry out the execution due to the negligence of the old company. Even though the guarantee is in the old company's control, the bank is only the seller of the goods, it remains the property of the debtor so that it is against propriety and violates the rights of the owner of the goods if the bank violates it by selling cheap prices. In accordance with developments in Indonesia after the birth of the Mortgage Law, the grosse deed is still maintained by introducing the mortgage certificate which also uses irah-irah so that it has executive power.]]>
<![CDATA[Transfer Juridical Review of Rental Object Function in A Rental Agreement to Rent a Shop House (Ruko) based on the Good Faith Principle ]]>
<![CDATA[Semiyanto Semiyanto]]>;
<![CDATA[Siti Ummu Adillah]]>;
<![CDATA[Maryanto Maryanto]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.1.102-201
<![CDATA[The purpose of this study was to find out the juridical review regarding the transfer of the function of the object of the shop house rental based on the principle of good faith. The research methodology used is normative juridical with secondary data sources. The results showed that the standard of good faith in the shop house rental agreement (ruko) was carried out before and after the implementation of the agreement. Prior to the implementation of the agreement in the form of honesty and openness, while the objective of good faith in the lease agreement is the fulfillment of achievements in the implementation of the agreement. Regarding the transfer of the function of the object for renting a shop house (ruko) to other than the original purpose, which was legally agreed upon, the Civil Code does not explicitly regulate but the transfer of the function of the object for renting a shop house (ruko) can be seen in the provisions of Article 1560 of the Civil Code where the tenant is obliged to maintain and care for the rented house properly. . Then in Article 1561 of the Civil Code that tenants are prohibited from using the leased object for purposes other than its purpose. These two provisions serve as points for interpreting that the transfer of the object of lease that causes damage is not permitted. 201/Pdt.G/2015/PN Dps regarding the judge's interpretation of the existence of a default in the dispute over the object of the lease from which losses arise due to the use of a shop house (ruko) outside the agreement.]]>
<![CDATA[Comparative Analysis of Legal Winning Between Islamic Law & Traditional Law ]]>
<![CDATA[Muhammad Luthfi]]>;
<![CDATA[Lathifah Hanim]]>
<![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.3.1.61-70
<![CDATA[The purpose of this research is to find out about the application and things related to it, To know the views of Islamic law on marriage, and to find out the views of customary law in Kutuk Village, Undaan District, Kudus Regency about marriage. The research approach method used was sociological juridical. Writing specifications are descriptive analysis, sources and types of data used primary and secondary data. Data collection methods by interview, library research, and using qualitative data analysis methods. The conclusions of this study are: The marriage according to Islamic law is carried out very Islamic and really hopes for the pleasure of Allah SWT without being based on material. Meanwhile, the wedding according to customary law in Kutuk Village, Undaan Subdistrict, Kudus Regency is very close to the Kejawen area of Pati Regency and seems to smell of material existence. The material problem there really determines whether or not a proposal is accepted.]]>
<![CDATA[The Process of Investigation on Criminal Currency ]]>
<![CDATA[Beni Aji]]>;
<![CDATA[Lathifah Hanim]]>
<![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.2.4.504-510
<![CDATA[The objectives of this study are as follows: To identify and analyze the investigation process of currency crimes. To find out and analyze obstacles to the process of investigating currency crimes. To find out and analyze solutions to overcome barriers to the investigation of currency crimes. The method used by researchers is juridical sociological approach to law and The specifications in this research are descriptive. Based on the results of that research The process of investigating currency crimes actions in the form of: (a) arrest; (b) Detention; (c) Confiscation of evidence; (d) Witness examination; (e) Examination of the suspect (f) Then a discussion is conducted in the form of case analysis and juridical analysis; (g) Making a resume by the assistant investigator/investigator and then drawing a conclusion. The obstacles are: First, the lack of coordination between law enforcement officers. Second, the weakness of investigations against perpetrators who are categorized as perpetrators. Third, investigations currently carried out by investigators are limited to the perpetrators who destroyed rupiah banknotes, resulting in difficulties in fulfilling the subjective element, namely mens rea. Solutions include: a) Overcoming crimes committed by the Indonesian National Police for destroying rupiah banknotes. b) Regional and international police cooperation can be carried out through Interpol, other government agencies or directly. ]]>
<![CDATA[The Effectiveness Of Electronic Traffic Control Implementation In Reduce Motor Vehicle Accidents ]]>
<![CDATA[Priyo Utomo]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.573-578
<![CDATA[The rapid growth of the number of motorized vehicles that is not matched by the legal culture of the people who use motorized vehicles often results in an increase in the number of accidents. Electronic based traffic control. However, the lack of facilities and infrastructure for the implementation of electronic traffic control has resulted in the ineffectiveness of electronic traffic control, this also happened in the Grobogan area. This paper aims to further analyze the effectiveness of the implementation of electronic traffic control, especially in the Grobogan area. The method in this writing is qualitative descriptive. Based on the analysis carried out, it can be seen that the implementation of Electronic Traffic supervision in the Grobogan area has not been effective this is due to inadequate facilities and infrastructure. Then the factor of community obedience to the traffic rules that apply in Gobogan. ]]>
<![CDATA[Legal Protection For Parties In Economic Transactions Through Instagram ]]>
<![CDATA[Anita Afrelia]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.129-138
<![CDATA[Economic online has the function of integration of marketing, implementation of E-Commerce strategies, the main purpose of increasing the number of sales. The formulation of the problem in this thesis research are: 1) How is the validity of economic transactions through Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions? 2) How is the legal protection for the parties in economic transactions through social media Instagram according to Act No. 19 of 2016 concerning Electronic Information and Transactions? The approach method used is Normative Juridical approach. From the results of this study, 1) The validity of economic transactions through Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions can be declared valid and becomes the base of the implementation of a contract for both parties. 2) Legal protection for the parties in economic transactions through social media Instagram according to Act No. 19 of 2016 concerning Information and Electronic Transactions that against buyers who are injured in a sale and purchase dispute consists of litigation and non-litigation.]]>
