Articles
Degradation of notarial deeds in criminal cases (analysis of Sidoarjo district court decision number: 862/Pid.B/2019/PN Sda)
Ivanda Aprilia;
Miftakhul Huda
INFOKUM Vol. 12 No. 01 (2024): Engineering, Computer and Communication, Edition January 2024
Publisher : Sean Institute
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This study aims to determine the legal consequences of misuse of notary authority to make deeds. Notaries in carrying out the duties of their office must be careful and careful in making deeds, so that the deeds they make are not legally defective because they must be accountable to the general public and so as not to harm others. This research uses a conceptual approach and a legal approach. Using a conceptual approach, researchers refer to legal principles related to the concept of the state of letters in the case of forgery of letters. The legal approach is carried out by reviewing related laws and regulations. This research is analytical in nature that studies the purpose of law, the values of justice, the truth of the rule of law, legal concepts and legal norms according to the position of deeds in relation to the implementation of the duties of unscrupulous authentic deed makers . The results of this study conclude that the criteria for a notary deed to become an authentic deed have been regulated in the law, so that Notaries who are officials who are authorized to make authentic deeds must always pay attention to the procedures for making deeds in accordance with applicable laws. When the deed loses its evidentiary power, it can be relegated to a deed under hand, or become invalid or become null and void. So the Notary Public must be responsible for his negligence in exercising his authority. If the authentic deed in its making is a legal defect caused solely by the fault of the Notary and then the deed in Court is declared inauthentic, or invalid, or becomes null and void or relegated to a deed under hand, then the Notary must be concerned be liable for the error caused by the forgery of the deed.
KEABSAHAN AKTA PERJANJIAN PENGIKATAN JUAL BELI, SURAT KUASA MENJUAL DAN/ATAU MELEPAS HAK ATAS OBJEK YANG MENJADI AGUNAN DI BANK
Saputro, Agus Purwo;
Huda, Miftakhul
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI
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DOI: 10.69552/ar-risalah.v22i1.2339
This research aims to determine the reasons for the invalidity of deeds of sale and purchase agreements, power of attorney for sale and purchase, and/or release of rights to objects mortgaged to banks, as well as the legal consequences of this invalidity. The research methode used is normative juridical, where theoretical aspects are analyzed and interpreted. Secondary data originating from primary and secondary legal sources is the basis for research. Primary legal sources include authoritative legal documents, while secondary legal sources include publications about law such as books, texts, legal journals, and comments on court decisions. then processed and studied using qualitative descriptive methods. The research results show that the causes of the invalidity of the deed can be explained by several factors. First, a power of attorney to sell does not have executory power to settle debts, and the absolute prohibition on the use of power is particularly important in the context of property sales. Second, the principle that the granting of power of attorney must be in line with the rights of the person giving the power of attorney is very important in determining the validity of these documents. The Sales and Purchase Agreement (PPJB) also plays an important role in ensuring there is a clear understanding of the rights and obligations in the legal relationship between the seller and the buyer. The notary as the official in charge of making deeds must ensure that the legal documents he makes comply with the provisions of the laws and regulations. Non-compliance can result in losses for all parties involved, especially in terms of rights protection and legal certainty.
Developing Teaching Material of Vocabulary Through Singing For Seventh Grade of Islamic Junior High School of Hidayatus Sholihin
Cholifah, Nur;
Huda, Miftakhul
Asalibuna Vol. 4 No. 02 (2020): Volume 04, Nomor 02, Desember 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri
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DOI: 10.30762/asa.v4i2.2972
The research background was motivated by the difficulty of students in learning Arabic, basically in learning foreign languages, vocabulary is one of the three elements of language that is very important to master. This study aims to develop vocabulary teaching textbook with singing method in Mts Hidayatus Sholihin and see the effectiveness of the textbooks developed. The purposes of the research are: 1) The development of vocabulary Teaching textbook with singing method for seven grade of Mts Hidayatus Sholihin Gurah Kediri. 2) The application of vocabulary Effective Teaching texbook with singing method for seven grade of Mts Hidayatus Sholihin Gurah Kediri. The researcher used R&D research method by Borg and Gall which consist of 10 steps and data collection method used in the study was interview, questionnaires and tests. The research shows that: 1) The result of product development is Arabic teaching textbook for seventh grade students containing vocabularies arranged according to the tone of the song. The result of the expert validationts of the product as follows: the result from material expert is 83, 07%, results from media expert is 93, 84%, and the result from Arabic learning practitioner is 98, 33%. Based on exposure of the datas show that vocabulary learning by singing method declared very good. 2) The results of T-test show: the result of t-count between the pretest and popost-tes is 3,262 while the result of t-table is 2,015. Then it can be concluded t-count> t-table, then Ho is rejected and Ha is accepted, that is, there are difference outcome in learning vocabulary at seventh grade of Mts Hidayatus Sholihin between before and after using singing method. From the result of experimental it can be concluded the singing method in vocabulary learning at seventh grade of Mts Hidayatus Sholihin was declared "effective".
Bahasa Indonesia: Reference for the Development of Indonesian Language Learning Media at the High School/Vocational School Level Based on the Philosophy of Science
Cindy Reichmann Andriwardhaya;
Huda, Miftakhul;
Sulistyono, Yunus;
Cindy Reichmann
Wacana : Jurnal Bahasa, Seni, dan Pengajaran Vol 7 No 1 (2023): April 2023
Publisher : Universitas Nusantara PGRI Kediri
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DOI: 10.29407/jbsp.v7i1.19940
Penelitian ini berfokus pada acuan dalam mengembangkan media pembelajaran berbasis filsafat ilmu. Media pembelajaran berperan penting dalam keberlangsungan dalam mendidik siswa karena media pembalajaran merupakan suatu alat yang digunakan guru dalam mentransfer pengetahuan guru kepada siswa melalui perantara berupa media. Dalam pembuatan media wajib memperhatikan kondisi peserta didik dan kondisi sekolah supaya media yang dibuat oleh guru dapat berguna dan dimanfaatkan. Pada kasus seperti itu, ditemukan beberapa guru yang kesulitan membuat media seperti kesulitan dalam memberikan pemahaman kepada siswa, menentukan jenis media, kurangnya pemahaman guru dalam pembuatan bahan ajar dan media pembelajaran, kecenderungan siswa yang bosan karena kurang menarik, dan berbagai macam permasalahan yang ada. Oleh sebab itu, pada penelitian ini dibuatkan suatu acuan dalam mengembangkan media dengan menggunakan dasar teori filsafat mulai dari landasan filosofi, landasan psikologi, landasan teknologis, landasan empiris, filsafat teoritis, filsafat praktika, dan filsafat produktif. Tujuan dari penelitian ini untuk membantu guru dalam mengembangkan media dan acuan ini dapat dijadikan dasar sebelum membuat media dengan terlebih dahulu memahami karakter peserta didik dan kondisi kelas. Metode yang digunakan dalam penelitian ini menggunakan metode deskriptif kualitatif dengan teknik pengumpulan data dengan cara studi pustaka, observasi, dan wawancara. Acuan pengembangan media berbasis filsafat ini jika dijalankan dengan baik maka dapat membantu mengembangkan media yang digunakan.
Pelakasanaan Ganti Rugi Pengadaan Tanah Menurut Undang-Undang Nomor 2 Tahun 2012
Prasdhana, Aga;
Huda, Miftakhul
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang
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DOI: 10.31933/unesrev.v6i3.1710
This article aims to analyze the implementation of compensation in land acquisition for public development in accordance with Law Number 2 of 2012 and to examine the legal resolution mechanisms when there is a refusal of the type or amount of compensation offered. The issue centers on how compensation is implemented for land ownership for development purposes as stipulated by Law Number 2 of 2012, and the legal mechanisms for resolution when landowners reject the form and/or amount of the established compensation. To approach this issue, the theoretical framework used is derived from Law Number 2 of 2012 on Land Procurement for Public Interest and Article 18 of the Basic Agrarian Law. Data was collected through normative research methods (literature studies) by reviewing legal materials through a legislative approach. Thus, in this study, secondary data is prioritized, while primary data (field observation results) are used only as supplementary information. The data are analyzed qualitatively. This study concludes that compensation for land acquisition must be fair and given to the rightful parties. If there is a rejection of the type or amount of compensation offered, the landowner can file an objection to the local district court within 14 working days after the signing of the meeting report.
Efektivitas Kode Etik Notaris dalam Memberikan Pelayanan Jasa Kepada Klien
Setyowati, Dewi;
Huda, Miftakhul
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang
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DOI: 10.31933/unesrev.v6i3.1791
The code of ethics in the notary profession is not just a set of rules or codes of conduct, but also reflects the essence of integrity and responsibility that a notary must have. In providing services to clients, a notary not only acts as a legal professional, but also as a guardian of trust and legal certainty for the community. Therefore, it is important for notaries to understand and abide by their code of ethics conscientiously. The research method used is normative legal research. With a statutory approach, i.e. examining current laws and regulations, other relevant literature, and case studies related to the research topic. The results showed that the Code of Ethics is important for notaries in providing services to clients, maintaining integrity and professionalism. However, there are still cases of violations that harm the reputation of the profession. To prevent this, it is necessary to increase supervision, education, and training for notaries. Transparency and accountability in handling violations are also important. Public awareness of the importance of choosing notaries who comply with the code of ethics should also be increased through information campaigns. These steps are expected to ensure that notary services remain of high quality and trust.
Batasan Perbuatan Hukum Orang Dewasa Yang Berada Dalam Pengampuan
Cakra Manggala Ganda;
Miftakhul Huda
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang
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DOI: 10.31933/unesrev.v7i1.2240
Adulthood is a phase of life that occurs after entering the adolescent life stage, When someone is in the adult life phase to the elderly, some people can experience a decrease in organ function, with the loss of organ function can result in loss of memory to skills. Skills are very useful for survival, can make a person strong and resilient in living personal and social life. In Indonesia, skills and authority to act are regulated in article 330 and article 1331 BW. Acting is also included in skills and is a general authority to take legal action and skills to act also generally and in principle apply to everyone, in Indonesia skills are included in the category of guardianship.
Degradasi Akta Notaris dalam Perkara Pidan (Analisa Putusan Pengadilan Negeri Sidoarjo Nomor: 862/Pid.B/2019/PN Sda)
Miftakhul Huda;
Ivanda Aprilia
Dewantara : Jurnal Pendidikan Sosial Humaniora Vol. 3 No. 1 (2024): Maret : Dewantara : Jurnal Pendidikan Sosial Humaniora
Publisher : Universitas 45 Surabaya
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DOI: 10.30640/dewantara.v3i1.2224
This study aims to determine the legal consequences of misuse of notary authority to make deeds. Notaries in carrying out the duties of their office must be careful and careful in making deeds, so that the deeds they make are not legally defective because they must be accounted to the general public and so as not to harm others. This research uses a conceptual approach and a legal approach. Using a conceptual approach, researchers refer to legal principles related to the concept of the state of letters in the case of forgery of letters. The legal approach is carried out by reviewing related laws and regulations. This research is analytical in nature that studies the purpose of law, the values of justice, the truth of the rule of law, legal concepts and legal norms according to the position of deeds in relation to the implementation of the duties of unscrupulous authentic deed makers. The results of this study conclude that the criteria for a notary deed to become an authentic deed have been regulated in the law, so that Notaries who are officials who are authorized to make authentic deeds must always pay attention to the procedures for making deeds in accordance with applicable laws. When the deed loses its evidentiary power, it can be relegated to a deed under hand, or become invalid or become null and void. So the Notary Public must be responsible for his negligence in exercising his authority. If the authentic deed in its making is a legal defect caused solely by the fault of the Notary and then the deed in Court is declared inauthentic, or invalid, or becomes null and void or relegated to a deed under hand, then the Notary concerned must be liable for the error caused by the forgery of the deed.
Penolakan Klausula Perpanjangan Kontrak Kerjasama Bangun Guna dan Serah
Jermia Edwaard Manoe;
Miftakhul Huda
Dewantara : Jurnal Pendidikan Sosial Humaniora Vol. 3 No. 1 (2024): Maret : Dewantara : Jurnal Pendidikan Sosial Humaniora
Publisher : Universitas 45 Surabaya
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DOI: 10.30640/dewantara.v3i1.2234
Each contract is allowed to include a clause regarding contract extension, when the contract ends. The clause in the contract is that even though both parties have reached an agreement, the extension of the contract is not an obligation or achievement in the contract, for this reason if the construction and handover cooperation contract has ended and the service recipient hands over management to the government as the service user , refusing a request to extend the contract cannot be said to be a breach of promise or default. However, even though refusing to extend the construction and handover cooperation contract is the right of the service user, there needs to be a review if the contract period which is supposed to be long-term only stipulates a period of 7 (seven) years if it results in the contractor or pemodal as the service recipient being harmed.
THE LEGAL FOOTING OF PETOK D AS THE EVIDENCE OF LAND OWNERSHIP AND RIGHTS
Margareta, Stefani;
Huda, Miftakhul
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 2 (2023)
Publisher : jfpublisher
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DOI: 10.56943/jlte.v2i2.284
Land tenure is not only physically owned, but juridical ownership is also required. One of the policies that the government can implement is to provide legal certainty and protection of ownership of land rights as regulated in Government Regulation No. 24/1997 concerning land registration. This research aims to determine the characteristics of evidence on land ownership that can be recognized as a certificate and to find out how judges' ratio decided a certificate as the evidence of ownership. The method used in this research is the juridical-normative research method which is the legal research to examine issues from the norm’s perspective. The approach of this research are statutory, conceptual, and case approaches. Based on the research findings, it can be concluded that the characteristics of ownership of land rights evidence that are recognized as exceeding certificates are the acquisition of land objects based on legal rights, details of land history based on evidence, physical possession of land, evidence of land object tax payments and the existence of witness statements of residents related to physical land tenure; The judge's ratio decidendi overriding the land certificate means that, the Defendant/Plaintiff in the counterclaim can prove the acquisition of land plot objects along with a clear history of the land.