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Kajian Filosofis berparadigma Positivisme : Pelaksanaan Corporate Social Responsibility sebagai Kewajiban menurut Undang-Undang dalam Mewujudkan Good Corporate Governance Peni Rinda Listyawati
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i2.1449

Positivism point of view can be declared as valid if it is specified by the institution or the competent authority and based on the rule of higher and not hung on moral values. That legal norm as we know is the Act.Law is a manifestation of the will of the government or can be said as way to arrange something in order to achieve the objectives as it is mentioned in the political law contained in the preamble or a general description. Furthermore, the Government has enacted the Corporate Law which is found in Article 74. This article set of Social and Environmental Responsibility (Corporate Social Responsibility). The fundamental question is why CSR including ethical conduct/ morality of a company, is included into law which must be implemented by the company? This question can not be answered by jurisprudence that has a limited scope. Since it only study about the norms or rules (laws). Moreover, when this condition occurs, it will go to be the object of philosophical discussion.Article 74 of Law No. 40 of 2007 has demonstrated that moral action can be increased its power to become law. Social and environmental responsibility norm become a legal obligation. It rules policy to create Acts and give sanction. The basic value is that the company in business activity has caused negative impacts resulting in losses for the community. In addition, CSR is responsible on the principle of sustainable development. Thereby, by implementing Corporate Social Responsibility properly, it will create Good Corporate Governance (GCG)

PERBANDINGAN HUKUM KEDUDUKAN AHLI WARIS PENGGANTI BERDASARKAN HUKUM KEWARISAN ISLAM DENGAN HUKUM KEWARISAN MENURUT KUHPERDATA Peni Rinda Listyawati; Wa Dazriani
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i3.1511

Indonesia imposed three legal systems, namely western law, Islamic law and customary law, each of which has its own arrangements, including inheritance arrangements, in particular on the provisions of the replacement heirs. The legal arrangement of inheritance regarding the provisions of the replacement heirs there are similarities and differences of position which are set by each legal system, especially between Islamic inheritance law and inheritance law according to the Civil Code. The research method used by the method of juridical normative in the form of theory, concept and idea about the comparison of surrogate heirs between Islamic inheritance law with the law of inheritance according to the Civil Code. In the research conducted, the authors obtained the result that the position of the surrogate heirs in the inheritance of Islam formulated tentatively in Article 185 paragraph (1) KHI and in the Civil Code formulated in Article 841-848 Civil Code. Differences of substitute heirs according to the Law of Inheritance of Islam with the Law of Inheritance according to the Civil Code one of which is the right that the substituted heirs obtain is not necessarily the same as the right of the person to be replaced, nor shall it be exceeded from the part of the heir equal to that which is replaced, but may be reduced. According to the inheritance law of the Civil Code of the section to be obtained the heirs who replaced his father’s position exactly the same as the part that should have been his father if his father still lives from the heir.

The Legal Impact of Prejudicial Decisions that State Invalidity of Suspects Determination Iqbal Parikesit; Umar Ma'ruf; Peni Rinda Listyawati
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

In judicial practice, there have been several pre-trial decisions declaring the stipulation of a suspect invalid. The impression that arises from the suspect is as if the determination of the suspect is declared invalid, then the case is stopped and not continued. Therefore, this study aims to find out the legal impacts of prejudicial decisions which state the invalidity of the determination of suspects in the current and future laws. This study used a normative legal approach by reviewing and researching primary legal materials consisting of the Legislation on the Criminal Procedure Code (KUHAP) and Judge's Decisions. Then proceed with secondary legal materials in the form of books and journal articles related to pre-trial decisions declaring the determination of the suspect invalid. The analytical technique used in this research is a descriptive qualitative method. The results of the research on the legal impacts of the prejudicial decision stating the invalidity of the determination of the suspect, including (1) The investigation can still be continued even though there has been a pre-trial decision stating the stipulation of the suspect is invalid, (2) If before the determination of the suspect is declared invalid by the pre-trial judge, the suspect has an investigation is carried out by the investigator, the Minutes of Examination or “Minutes of Examination” of the suspect becomes invalid, (3) Legal actions based on the results of the suspect's examination are considered invalid, (4) Legal actions that are not based on the results of the suspect's examination are still valid and (5) If the investigation is continued and the investigator is able to find the suspect, the investigator may re-determine the suspect. Then against the determination of the suspect, the suspect can still apply for a pre-trial again, and so on.

The Legal Protection for Buyer in Deed of Selling By Using A Substitute Certificate Avia Surya Ningrum; Jawade Hafidz; Widayati Widayati; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.36-47

This study aims to identify and analyze legal protection for land buyers whose certificates use a substitute certificate in the deed of sale and purchase, know and analyse legal certainty of the existence of a replacement certificate if it is charged with mortgage rights and knowing and analyzing examples of sale and purchase deeds using a replacement certificate. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the legal protection for land buyers whose certificates use a replacement certificate in the deed of sale basically the same as legal protection for ordinary Land Rights Certificates. For parcels of land for which a certificate of replacement of land rights has been issued, the Land Office will cancel by law and withdraw and destroy the old certificates that have been previously issued so that one day it does not cause legal disputes. Legal certainty of the existence of a replacement certificate if a mortgage is charged is from: UUPA and Government Regulation Number 24 of 1997 concerning Land Registration in Article 32 paragraph (1) The second certificate (substitute) is a certificate of land rights issued by the Land Office as a substitute for the lost first certificate of the same parcel of land, in this case the subject of the rights the same and the object is also the same. So that the replacement certificate can also be used as collateral for one's debt to financial institutions, both banks and non-banks. The certificate is used as collateral from a financial institution, both bank and non-bank, then the certificate is burdened with mortgage rights, so that because of the legal guarantee of ownership of the land, someone can receive it as securities.

The Responsibility of the Notary in Providing Legal Information to the Parties on the Deed He Made Chilsy Indiyarti; Sri Kusriyah; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.477-486

Legal Counseling is carried out by providing clear, directed explanations, so that the meaning and purpose of the authentic deed are easily understood and understood by the parties. Sometimes people only provide explanations and documents without knowing the legal issues. Article 15 paragraph paragraph 2 letter e of Act No. 2 of 2014 explains that, "in addition to the authority as referred to in paragraph (1), the Notary is also authorized to: provide legal counseling in connection with the making of the Deed." Here it is explained that every notary is obliged to explain the responsibility to provide legal counseling to the parties/clients. This research purposed to review and analyze the Responsibilities of the Notary in providing legal counseling to the parties for what he did in the City of Kendari, and to examine and analyze the obstacles and solutions of the notary in providing legal counseling to the parties for what he did. The research approach method used in this research was an empirical juridical research method. The type of data used in this research Primary Data includes Act No. 2 of 2014 concerning Notary Positions and Secondary Data containing books and documentsother supporters. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative approach in order to obtain descriptive data. The results of the study show that: First, the Notary's responsibility in providing legal counseling is only to provide advice to the parties/clients, it is the client who has the decision in the deed as long as it does not conflict with Article 1320 of the Criminal Code, so that there are no consequences.law in the future. Second, the barriers are competence, clients who do not explain in detail, communication, differences in interpretation, and client characteristics as well as upgrading solutions for notaries, supporting documents, communication skills, discussion for solutions, and psychological approaches.

The Responsibility of the Guardian for the Transfer of Land Rights to the Children Due to Instruction Larasati Larasati; Siti Ummu Adillah; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.570-580

The results in the emergence of rights and obligations for a person as well as the emergence of law between children, parents and the surrounding community. A child has the right and authority as a legal subject. Children have an important role in a marriage bond, apart from being the hope of parents, children also act as successors of offspring. Children in general are a group of people who are immature, unmarried and incapable of acting for themselves. The purpose of this paper is to determine the implementation of the transfer of land rights and responsibilities to minors due to inheritance. This study uses a sociological juridical approach, which is carried out by field research aimed at the application of law. This research specification uses descriptive analysis, namely research which in addition to providing an overview, writing and reporting an object or an event will also draw general conclusions from the existing problem. The data sources of this study are primary data sources and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Methods of data collection using interviews, document studies and library materials. While the data analysis used qualitative analysis. The results of the study show thatthe implementation of the transfer of land rights to minors must apply for the determination of child guardianship and a permit to sell at the Religious Courts for Muslims and the District Courts for non-Muslims as one of the administrative requirements. After the decision on the guardianship determination has been issued by the local court, it can be used as a basis for the transfer of land rights by sale and purchase owned by minors due to inheritance.In the transfer of inheritance rights to land owned by minors, they cannot be freely transferred by their parents, they must comply with and comply with the applicable legal regulations in the transfer of inheritance of minors. The responsibility of the guardian towards minors due to inheritance is that the guardian is obliged to carry out his obligations to take care of the children who are under his control and all property as well as possible. The guardian is obliged to make a list of the child's property under his control and record all changes in the child's property.

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