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All Journal Lentera Hukum Spektrum Hukum Jurnal Jendela Hukum Veritas et Justitia Mimbar Keadilan QALAMUNA: Jurnal Pendidikan, Sosial, dan Agama Syntax Literate: Jurnal Ilmiah Indonesia Jurnal SOLMA Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Jurnal Hukum Magnum Opus Jurnal ULTIMA Accounting Unes Law Review Jurnal Hukum Prasada JURNAL HUKUM dan KENOTARIATAN Jurnal Analisis Hukum Indonesian Journal of Law and Society Jurnal Penegakan Hukum Indonesia (JPHI) Jurnal Kajian Pembaruan Hukum Journal of Feminism and Gender Studies Interdisciplinary Journal on Law, Social Sciences and Humanities Legal Protection for the Partnership Agreement Parties Jurnal Yustitia Jurnal Indonesia Sosial Teknologi Deposisi: Jurnal Publikasi Ilmu Hukum RechtIdee Acten Journal Law Review
Fanny Tanuwijaya
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Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Legal Transformation: Realizing Nomocracy and Transparency in the Field of Land Distribution in Indonesia Harianti, Isnin; Anggono, Bayu Dwi; tanuwijaya, Fanny
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 5 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i5.1086

Abstract

In Indonesia, the issue of land distribution is an important issue related to social justice and the legal system. The large number of agrarian conflicts and inequality of access to land shows the need for legal transformation to achieve the ideals of the rule of law (nomocracy) and transparency in land distribution. The purpose of this study is to analyze the legal transformation needed to realize the ideal of the rule of law (nomocracy) and transparency in the field of land distribution, focusing on efforts to ensure fairness in the land distribution system in Indonesia. This research uses Empirical methods. The research data was collected from literature published in reputable scientific journals. Literature is collected through searches in electronic literature databases, such as Google Schoolar and Scopus. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and conclusions. The results show that the transformation of law in Indonesia towards nomocracy and transparency in land distribution aims to strengthen legal foundations, ensure justice, and reduce inequality of land access. The principle of nomocracy places law as the primary guide in decision-making, while transparency reduces the potential for corruption and land-related conflicts. Land law reform and land redistribution policies are crucial steps in achieving this goal. More open access to public information in the area of land distribution allows for greater public participation in decision-making processes. By strengthening transparency and the application of nomocracy principles, Indonesia can strengthen the foundation of its rule of law and ensure sustainability in land resource management.
Tindak Pidana Kesusilaan Ditinjau dalam Undang-Undang Darurat Nomor 1 Tahun 1951, KUHP dan KUHP 2023 Kusuma, Viena Nungky; Halif, Halif; Wildana, Dina Tsalist; Tanuwijaya, Fanny; Furqoni, Laili
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.647

Abstract

This article will examine the Criminal Law loophole which can still be found in the qualification of the crime of, “having intercourse with a woman out of wedlock”. In Verdict Number 30/Pid.B/2017/PN.bdw the perpetrator of crime and the victim who are both adults and without marital ties have intercourse without coercion, threats of violence and/or violence in different private areas. The Bondowoso District Court judge sentenced the perpetrator to three years in prison with a subsidiary indictment of the Public Prosecutor, namely Article 5 paragraph (3) letter b of the Emergency Law Number 1 of 1951 jo. Article 289 of the Criminal Code in Verdict Number 30/Pid.B/2017/PN.Bdw. This article will examine the accuracy of Article in Verdict Number 30/Pid.B/2017/PN.Bdw which uses Article 5 paragraph (3) letter b of the Emergency Law Number 1 of 1951 jo. Article 289 of the Criminal Code regarding the criminal act of obscenity and to examine the application of Article 412 in the new Criminal Code no. 1 of 2023 for perpetrators of criminal acts in Verdict Number 30/Pid.B/PN.Bdw.The research uses normative juridical research with statute approach and a conceptual approach.The temporary conclusion of this article is that the act of two single adults who have intercourse with the promise of marriage is still not punishable by crime. Indonesia's positive law and criminal law reforms still have legal loopholes, so they require government regulations to regulate actions that are considered morally bad. Law enforces need to take a legal sources outside of the appropriate law to convict perpetrator of criminal acts are that unequaled in the Criminal Code to fill the legal vacuum so that it does not become arbitrary space for law enforcers.
Prinsip Kepastian Hukum Pengesahan Perjanjian Perkawinan Oleh Notaris Pasca Putusan Mahkamah Konstitusi RI Nomor 69/PUU/XIII/2015 Anas, Fitria; Tanuwijaya, Fanny; Efendi, Aan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1471

Abstract

The Constitutional Court's involvement of the notary profession in approving marriage agreements without the support of technical regulations regarding the legal mechanism of such agreements has led to normative conflicts, created legal uncertainties, and has the potential to harm husbands and wives who enter into marriage agreements. This situation involves informal changes in legislation and the absence of legal provisions regulating the notary's authority. The issues arising include juridical aspects related to the notary's authority, legal certainty issues, and sociological aspects related to the legality of marriage agreements not recognized by notaries. In this context, this research aims to examine whether the notary's authority to approve marriage agreements, as per the Constitutional Court Decision, is not contrary to the principle of legal certainty and how the understanding of the meaning of marriage agreements for objects other than marital property. The research findings indicate that the new authority granted by the Constitutional Court Decision No. 69/PUU/XII/2015 is an attribution-based authority derived from legislation. In other words, notaries obtain authority directly from the wording of Article 29 paragraph (1) of the Marriage Law. Article 29 paragraph (1) of the Marriage Law after the Constitutional Court Decision No. 69/PUU/XII/2015 stipulates that marriage agreements can be made before, during, and throughout the marriage with a written agreement certified by the Marriage Registrar or Notary. Although marriage agreements with objects other than marital property are not explicitly regulated, they are implicitly addressed, essentially governing family relationships. The existence of marriage agreements with objects other than marital property aims to protect and provide benefits to the parties involved in case of disputes.
The Urgency of Criminal Liability For Beneficial Owners In Corporations Based on Presidential Regulation No. 13 of 2018 Eka Sumahendra, I Gede; Amrullah, M. Arief; Tanuwijaya, Fanny
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1700

Abstract

The issue of accountability of beneficial owners despite juridical Article 6 paragraph 2 of the Anti-Money Laundering Law arises because Article 6 paragraph 2 of the Anti-Money Laundering Law does not provide clarity on whether beneficial owners can be considered as corporations, considering that beneficial owners are outside the corporate structure. The focus of the issue revolves around the criminal accountability of Beneficial Owners in Corporations if they engage in Money Laundering and efforts to prevent money laundering activities carried out by the beneficial owners of corporations based on Presidential Regulation No. 13 of 2018. The urgency of Presidential Regulation No. 13 of 2018 regarding the application of the principles of beneficial ownership in corporations in the prevention and eradication of money laundering is to provide transparency regarding the definition of beneficial owners, their position, policy principles, and objectives. The legal basis for the criminal accountability of beneficial owners in corporations related to money laundering faces a vacuum of regulations, making it difficult for law enforcement to establish a foundation focusing on beneficial owners as controllers of corporations, which is not accommodated in current law. This creates a legal loophole that allows them to engage in money laundering without criminal accountability.
PRINSIP KEPASTIAN HUKUM PEMBERHENTIAN NOTARIS AKIBAT DINYATAKAN PAILIT Amira Inaz Clarissa Pambudi; Fanny Tanuwijaya; Fendi Setyawan
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 1 (2022): Juni 2022
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i1.3187

Abstract

Notaries basically work to get fair and proper compensation and treatment in an employment relationship, so a notary should be able to re-apply as a notary after completing the bankruptcy process. Because the notary who has been declared bankrupt and has been dismissed by the minister has paid compensation to the creditor, so that the creditor has received his rights. The UUJN provides provisions if a notary who has been declared bankrupt will be dishonorably dismissed from his position as regulated in Article 12 letter a of the UUJN. The type of research used is normative juridical, with a statutory approach and a conceptual approach as well as a historical approach. The regulation of the bankruptcy notary in Article 9 and Article 12 of UUJN is vague, ambiguous and inconsistent. A Notary as a General Officer is given the authority to make an authentic deed. Future arrangements regarding the reappointment of notaries who have completed the bankruptcy process, that there needs to be complete and specific regulations, because there is a void in norms regarding the reappointment of notaries who have completed the bankruptcy process.
Co-Authors AA Sudharmawan, AA Aan Efendi Abd. Manab Adi Partha, Putu Gde Nuraharja Alfalah Naufal Yufianda Alfianti, Diana Amira Inaz Clarissa Pambudi Amirullah, Arif Anas, Fitria Anas, Jauhari Zakky Anggoro, Setyo Bimo Antinia Saputri Arnold Sotarduga Silangit A’an Efendi Bayu Dwi Anggono Dina Putri Hanifah Dina Tsalist Wildana, Dina Tsalist edy suyanto Efendi, Aan Eka Sumahendra, I Gede Fendi Setyawan Fiska Maulidian Nugroho Fitria Anas Furqoni, Laili Godeliva Ayudyana Suyudi Gundred, Bob Halif, Halif Halif, Halif Hari Utomo Harianti, Isnin I Gede Widhiana Suarda Irham Bashori Hasba Jauhari Zakky Anas Khanif, Al Kurnia, Ratnawati Kusuma, Viena Nungky Laely Wulandari Laili Furqoni Laksana, Trio Angga Misbahul Ilham Mohammad Arief Amrullah Mujiono Mujiono Nilna Aliyan Hamida Nurjanah, Ovinia Partha, Putu Gde Nuraharja Adi Prihatmini, Sapti Prihatmini, Sapti Puspita, Putu Lia Qomariyah, Selly Ismi Riskiyastika, Devita RR. Ella Evrita Hestiandari Samosir, Samuel SM Samuel Saut Martua Samosir Saniyyah, Sofia Izzatus Santi Dewi Antika Sapri Prihatmini Sari, Pika Sucitrawan, I Nyoman Wijaya, Glenn Wijaya, Yudi Yasmin Wildani, Dina Tsalist Y.A. Triana Ohoiwutun, Y.A. Triana Y.A.Triana Ohoiwutun Yanuarto, Totok Yudi Yasmin Wijaya