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POLA MEDIASI DALAM PERSPEKTIF HUKUM ADAT Mayastuti, Anti
PARENTAL Vol 1, No 1 (2013)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Indonesia is a country that has a value of harmony, tolerance, and communalism precedence over the values ​​of individualism, therefore the type of dispute resolution further highlight the type of win-win solution compared disputes through litigation. The concept of dispute resolution through mediation using the principle of win-win solution in fact has been recognized in local community life traditional or indigenous people of Indonesia. The main characteristic of the mediation process is essentially the same as the negotiation process of deliberation or consensus. Mediation is not the best option to resolve the dispute, but as a goal in dispute with deliberation and consensus approach, the relationship between the two parties to the dispute to be maintained, so as to create social harmony.
EFEKTIVITAS UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DALAM MENDUKUNG PEMBANGUNAN EKONOMI DAN PENGEMBANGAN WILAYAH KOTA SURAKARTA Mayastuti, Anti
PARENTAL Vol 1, No 2 (2013)
Publisher : Fakultas Hukum Universitas Sebelas Maret

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Abstract

Traffic and road transport has a strategic role in supporting development and national integration as part of efforts to promote the general welfare, as mandated in the Constitution of the Republic of Indonesia Year 1945, so it requires a synergistic relationship (synergistic relationship) between the implementation of UU No. 22 Tahun 2009 on Traffic and Transportation with economic development and regional development especially in Surakarta. The Government is obliged to keep the roads safe, orderly and smooth, so as to encourage development in areas of the economy and industry, particularly in the areas of production, consumption and distribution of goods or services, either within or between Surakarta, with the ex-residency of Surakarta, in order to achieve equitable development and its results, economic growth and balanced development of the region.
The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System Hastuti, Luthfiyah Trini; Mayastuti, Anti; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28111

Abstract

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.
The Forms Of Notary Public Responsibilities Regarding False Statements In Land Deed Making Fitri Nabilah, Hasna; Saptanti, Noor; Mayastuti, Anti
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.803

Abstract

A Notary Public, as a public official authorized to create deeds related to land, must have specific expertise in the field of land to ensure that the deeds created do not cause issues in the future. If problems arise due to negligence on the part of the Notary Public, the deed may only have legal validity as an underhand deed. The purpose of this study is to identify the forms of accountability for Notary Publics for their negligence in creating land sale deeds based on false information. This research employs a normative legal research method to examine and analyze legal norms and the Verdict of the District Court Number 51/Pid.B/2022/PN.Bla. The findings of this research are the forms of Notary Public responsibility for deeds annulled by the court related to the case in this study, including: a) administrative sanctions, such as article 13 of Ministerial Regulation of ATR/BPN No. 2/2018, which involves temporary suspension for up to 1 (one) year and imposition of administrative fines; b) civil sanctions, such as Article 1365 of the Civil Code, which involves reimbursement of costs, compensation, and interest; and c) criminal sanctions, such as article 263 of the Penal Code (forgery of documents) carrying a maximum prison sentence of six years, and Article 264 paragraph (1) of the Penal Code (forgery of authentic deeds) carrying a maximum prison sentence of eight years.
Onrechtmatige Daad Notary In The Division Of Joint Property In The Cirebon District Court Decision Number 83/Pdt.G/2022/Pn Cbn Amelia Frida Santi, Eva; Jamin, Mohammad; Mayastuti, Anti
International Journal of Educational Research & Social Sciences Vol. 5 No. 4 (2024): August 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i4.852

Abstract

This research aims to identify the causes of onrechtmatige daad Notary in the division of joint property in the decision of the Cirebon District Court number 83/Pdt.G/2022/PN Cbn. This research is a type of doctrinal legal research or normative legal research, with a statute approach and case approach. The sources of legal materials in this research are primary legal materials and secondary legal materials. The technique of collecting legal materials using literature studies and analyzed using the syllogism method using a deductive mindset. The results showed that the causes of Notary irregularities in the making of the deed of division of joint property in the decision of the Cirebon District Court number 83/Pdt.G/2022/PN Cbn, are: a) the absence of good faith from Defendant I and Defendant II (Notary), namely Defendant II (Notary) assisted Defendant I in making the Deed of Separation of Joint property number 66 dated January 26, 2016 without the knowledge, without meeting, without signatures, fingerprints and without explanation from the Plaintiff, the Notary violated Article 16 paragraph (1) letter a, letter b and letter c, Article 44 paragraph (1) b) Defendant II (Notary) did not read the deed in front of the Plaintiff, the Notary violated Article 16 paragraph (1) letter l. Defendant II (Notary) also violated Article 3 paragraph (1) of the Notary Code of Ethics. Defendant II (Notary) committed an act against the law (onrechtmatige daad) Article 1365 of the Civil Code, Defendant II (Notary) is subject to civil liability. Defendant I and Defendant I (Notary) are jointly and severally liable in paying immaterial damages to the Plaintiff, paying court costs and dwangsom fees. Sanctions on the deed made by the Notary become invalid and not legally binding, so that it is declared null and void.
SOSIALISASI PENYULUHAN HUKUM PERATURAN PEMERINTAH NOMOR 39 TAHUN 2021 TENTANG JAMINAN PRODUK HALAL PERUM WIDOROSARI KARTOSURO SUKOHARJO JAWA TENGAH Solikhah, Solikhah; Burhanudin, Burhanudin; Jamin, Mohammad; Mayastuti, Anti; Sulistiyaningsih, Nur; Hastuti, Luthfiyah Trini; Purwadi, Hari; Mulyanto, Mulyanto; Supbrowati, Gayatri Dyah; Rianto, Agus; Luthfiyah, Zeny; Gumbira, Seno Wibowo
Ekalaya: Jurnal Pengabdian Kepada Masyarakat Indonesia Vol. 2 No. 2 (2023): Ekalaya Journal
Publisher : Nindikayla Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57254/eka.v2i2.58

Abstract

The general public's low understanding of basic provisions related to halal is still very low in general and this includes Perum Widorosari, Kartosuro District, Sukoharjo Regency, Central Java. So it is necessary to socialize legal counseling Government Regulation Number 39 of 2021 concerning Guarantees of Halal Products and various technical provisions for its application to be very appropriate and relevant to continue to be carried out. Public understanding that is adequate for the importance of implementing halal standards will pave the way for the establishment of halal zones that specifically fulfill the consumer's needs
Regulatory Framework on Compensation for the Restoration of Victims of Sexual Violence Purwadi, Hari; Lukitasari, Diana; Mayastuti, Anti; Abd Aziz, Hartinie; Cahyaningtyas, Irma
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.58181

Abstract

Compensation for crime victims based on  Law Number 12 of 2022 concerning Anti Sexual Violence has the potential for distortion due to the regulatory framework and the enforcement process. The article aims to examine the regulatory framework that ensures compensation as an instrument of victim restorations, whether it becomes a supplement or a substitution for restitution. Research methods using the upstream and downstream process models that emphesize regulatory design and process feasibility for payments, in which compensation has a role in victim recovery. The study result explain that compensation is formally a substitution for restitution. Compensation is not the primary goal, even though it is a state’s obligation. Law Number 12 of 2022 concerning Anti Sexual Violence thus emphasizes the use of direct restitution aimed at the recovery of victims and the rehabilitation of offenders. Compensation loses its meaning as a responsibility of the state that stands alone. Data from various decisions clarify that in cases where the offenders does not pay restitution, their property is confiscated and auctioned by the prosecutor to pay restitution. If it is insufficient, courts decide that imprisonment is a substitute and do not determine that the state has to pay compensation. 
Optimization Of Resolution Of Customary Rights Disputes Between The Dayak Agabag Customary Community And PT. KHL Through Deliberation Vellin Yos Sherly, Melvina; Purwadi, Hari; Mayastuti, Anti
International Journal of Educational Research & Social Sciences Vol. 6 No. 3 (2025): June 2025 ( Indonesia - Nigeria - Uzbekistan - Philippines )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i2.976

Abstract

This thesis aims to analyze efforts to resolve disputes through deliberation and the form of legal protection of the customary rights of the Dayak Agabag Indigenous Community with PT.KHL. This study uses an empirical legal research method with a qualitative approach where the research data is obtained through interviews with informants and literature in the form of legislation and data analysis techniques are taken from interviews and literature studies. The results of the study indicate that deliberation is an alternative dispute resolution that results in a mutual agreement, namely the provision of compensation money, UMKM training for the Community and empowering the Dayak Agabag indigenous community to work in the company and build a public facility around the company. As for legal protection for the Dayak Agabag indigenous community issued by the local government specifically for the Dayak Agabag itself, there is no such thing yet, but it is hoped that the government will immediately issue the latest regulations specifically regarding customary rights for the Dayak Agabag indigenous community so that there is strong legal protection and certainty for the Dayak Agabag community.
INSTITUTIONALIZING CUSTOMARY COURT IN INDONESIAN JUSTICE SYSTEM AS AN EFFORT TO REALIZE ACCESS TO JUSTICE RIGHT FOR INDIGENOUS PEOPLE Mayastuti, Anti; Trini H, Luthfiyah; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.35087

Abstract

This study aims to find customary court institution form in an effort to reinstitute customary court in Indonesia. This research is a prescriptive doctrinal legal research, using statutory and conceptual approaches. The data used is secondary data in the form of primary legal materials, while data analysis technique used is qualitative non-positivistic using hermeneutic interpretation method. Customary disputes are included in the realm of material law that occur in the space of indigenous peoples, if they are resolved by a different formal legal institution, namely the general court as regulated in Law no. 21 of 2001 on Special Autonomy for Papua Province. In principle, the customary court is the last judiciary based on customary law, but efforts to obtain justice (access to justice) and the truth are the human rights of everyone. Therefore, everyone who seeks justice must be interpreted as the right to obtain fair recognition, guarantee, protection and legal certainty and be treated equally before the law. The idea of reviving customary justice is important because as a body of customary courts it is in charge of adjudicating customary law disputes that occur in the community.
The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System Hastuti, Luthfiyah Trini; Mayastuti, Anti; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28111

Abstract

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.