Articles
<![CDATA[The Principle of Independence of the Notary as a General Officer in Cooperation Agreements with Private Banks ]]>
<![CDATA[Semadi, I Komang Yoga]]>;
<![CDATA[Nurjaya, I Nyoman]]>;
<![CDATA[Sulistyarini, Rachmi]]>
<![CDATA[ Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November ]]>
Publisher : <![CDATA[Budapest International Research and Critics University ]]>
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DOI: 10.33258/birci.v4i4.3278
<![CDATA[This thesis is entitled "Principles of Independence as a General Officer in Cooperation Agreements with Private Banks" with 3 (three) main issues, namely: (1) What is the meaning of the Notary's Independence in exercising his authority as a Public Official based on Article 16 paragraph (1) letter a UUJN? (2) How is the urgency of the regulation related to the meaning of the Notary's Independence in carrying out his authority as a Public Official? (3) Is the “first party interest” clause in the cooperation agreement with Private Banks part of the notary independence? This research is a type of legal research with normative juridical research methods. Besides, this research uses a statutory approach and a conceptual approach. The results of this thesis research indicate that the independence of a notary can be interpreted as a notary must work properly and professionally according to the provisions of the legislation without any influence and coercion from other parties. The urgency of this meaning of Notary independence is to create legal certainty and facilitate the determination of sanctions to Notaries who violate the principle of Notary independence. The urgency of the meaning of the principle of independence of a Notary is to provide legal certainty.]]>
<![CDATA[Multidiciplinary Review on The Effects of Backdoor Listing Action Against Standby Purchaser (Acquisitor Company) ]]>
<![CDATA[Adityadarma Bagus Priasmoro Suryono Putro]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Rachmi Sulistyarini]]>
<![CDATA[ Jurnal Dinamika Hukum Vol 20, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jenderal Soedirman ]]>
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DOI: 10.20884/1.jdh.2020.20.1.2801
<![CDATA[Backdoor Listing is a "Corporate Action" taken often by companies in Indonesia today. Backdoor Listing is an act in which a closed limited liability company acquires an open limited liability company in order to conduct a right issue without going through the Initial Public Offering (IPO) process. In this paper, the writers attempt to discuss the legal consequences of Backdoor Listing action against Standby Purchasers. The research method was normative juridical using statutory approach and concept approach. In the discussion section, first the writers described the IPO and its inhibition in terms of legal and economic point of view. The review then led to the use of Backdoor Listing as an alternative to capital expansion in addition to the IPO path. The writers inventoried the requirements that must be met before backdoor listing as a conditional legal action.Keywords: initial public offering; backdoor listing; backdoor listing requirement; standby purchaser.]]>
<![CDATA[Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal ]]>
<![CDATA[Cindy Olivia Susanto]]>;
<![CDATA[Siti Hamidah Siti Hamidah]]>;
<![CDATA[Rachmi Sulistyarini Rachmi Sulistyarini]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 11, No 3 (2020): December 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v11i3.5475
<![CDATA[This research aims to analyze Artificial Insemination Children’s Standing anddiscover Their Hereditary Right from a Deceased Father viewed in Indonesia’sPositive Law. Judgment will affect to whether artificial insemination from the deceasedhusband’s sperm can be performed or not. Further, the judgment that decidethe artificial insemination can be performed will affect children’s standing from adeceased father. If the children are born alive, then the standing is legal based on Article 250 of Civil Code, Islamic Law (Sharia law), and customary law. In addition,customary law claims the standing as adopt them on culture. Artificial inseminationchildren’s hereditary right from a deceased father has the right to inherit (asheir).How to cite item: Susanto, C., Siti Hamidah, S., Rachmi Sulistyarini, R. (2020). Kedudukan hukum dan hak waris anak hasil inseminasi buatan dari ayah yang telah meninggal. Jurnal Cakrawala Hukum, 11(3). 302-312.doi:10.26905/idjch.v11i3.5475.]]>
<![CDATA[Politik Hukum Pidana Pengelolaan Eks Dana Program Nasional Pemberdayaan Masyarakat Mandiri Perdesaan (PNPM-MPd) ]]>
<![CDATA[Aris Tri Wibowo]]>;
<![CDATA[Abdul Madjid]]>;
<![CDATA[Rachmi Sulistyarini]]>
<![CDATA[ Media Iuris Vol. 4 No. 3 (2021): MEDIA IURIS ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/mi.v4i3.29659
<![CDATA[AbstractThe management of the former PNPM-MPd funds does not yet have a legal umbrella, both laws, and regulations in other forms. Based on this, the authors see that there are legal problems, namely a legal vacuum (vacuum of Recht) regarding the management of former PNPM-MPd funds so that they have the potential to cause state financial losses (corruption). This paper includes normative juridical research with a statue approach and a conceptual approach. The results showed that the management of former PNPM-MPd funds was not explicitly regulated in statutory regulations. The potential for the occurrence of criminal acts of corruption to be exposed, as evidenced by the existence of criminal acts of corruption regarding the abuse of authority, resulting in losses to state finances. So that it takes legal politics to formulate the management of former PNPM-MPd funds so as not to harm state finances (the occurrence of criminal acts of corruption).Keywords: Political Law; Former Fund of the National Program for Rural Community Empowerment; Criminal Acts of Corruption.AbstrakPengelolaan eks dana PNPM-MPd belum memiliki payung hukum baik undang-undang maupun peraturan dalam bentuk yang lainnya. Berdasarkan hal tersebut, penulis melihat terdapat permasalahan hukum yaitu kekosongan hukum (vacuum of recht) mengenai pengaturan pengelolaan eks dana PNPM-MPd sehingga berpotensi untuk menimbulkan kerugian keuangan negara (tindak pidana korupsi). Makalah ini termasuk penelitian yuridis normatif dengan pendekatan peraturan perundang-undangan (statue approach), dan pendekatan konseptual (conseptual approach). Hasil penelitian menunjukkan bahwa pengelolaan eks dana PNPM-MPd tidak diatur secara eksplisit di dalam peraturan perundang-undangan. Potensi terjadinya tindak pidana korupsi menjadi terbuka, terbukti dengan adanya tindak pidana korupsi mengenai penyalahgunaan kewenangan sehingga menimbulkan kerugian keuangan negara. Sehingga diperlukan politik hukum untuk melakukan formulasi pengelolaan eks dana PNPM-MPd agar tidak merugikan keuangan negara (terjadinya tindak pidana korupsi).Kata Kunci: Politik hukum; Eks Dana Program Nasional Pemberdayaan Masyarakat Perdesaan; Tindak Pidana Korupsi. ]]>
<![CDATA[Ratio Legis Establishment of Execution and Supervisory Institutions Fulfillment of Child Rights in Family Law Due to Divorce ]]>
<![CDATA[Ummu Salamah]]>;
<![CDATA[Thohir Luth]]>;
<![CDATA[Rachmi Sulistyarini]]>;
<![CDATA[Dhiana Puspitawati]]>
<![CDATA[ Jurnal Multidisiplin Madani Vol. 3 No. 1 (2023): January, 2023 ]]>
Publisher : <![CDATA[PT FORMOSA CENDEKIA GLOBAL ]]>
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DOI: 10.55927/mudima.v3i1.2151
<![CDATA[Children are often neglected in fulfilling their rights in the family, especially if their parents die or divorce. In the Marriage Law and the Child Protection Act, arrangements have been made to fulfill children's rights if the child is abandoned by their parents or abandoned or if the parents are divorced through a court decision. However, parents, especially fathers or those who act as guardians for children, are often negligent and irresponsible in fulfilling their obligations even though there is a judge's decision in court. The purpose of this study is to examine the legal ratio for the establishment of an execution institution and supervisor for the fulfillment of children's rights in family law. The research method used is the normative legal research method. The excitement in this study is the establishment of an execution and supervisory institution in fulfilling children's rights. This institution is very necessary to provide protection, welfare, and justice for the fulfillment of children's rights in family law, especially protection for children due to divorce]]>
<![CDATA[Rasio Legis Pengaturan Batas Minimal Usia Perkawinan Menurut Undang Undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang Undang Nomor 1 Tahun 1974 Tentang Perkawinan ]]>
<![CDATA[Rachmi Sulistyarini]]>
<![CDATA[ Arena Hukum Vol. 15 No. 1 (2022) ]]>
Publisher : <![CDATA[Arena Hukum ]]>
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DOI: 10.21776/ub.arenahukum.2022.01501.7
<![CDATA[Dalam amar putusannya, Mahkamah Konstitusi dengan putusan Nomor 22/PUU-XV/2017 memerintahkan pembentuk Undang Undang dalam jangka waktu paling lama 3 tahun sejak putusan tersebut ditetapkan untuk melakukan perubahan terhadap Undang Undang Nomor 1 Tahun 1974 tentang Perkawinan. Tulisan ini mengkaji ratio legis pengaturan batas minimal usia perkawinan menurut Undang Undang nomor 16 tahun 2019 tentang Perubahan Undang Undang nomor 1 tahun 1974 tentang perkawinan. Penelitian hukum ini menggunaka pendekatan filsafati, perundang-undangan, dan pendekatan konseptual. Hasil penelitian ini menyimpulkan bahwa bahwa ratio legis pengaturan batas minimal usia perkawinan menurut Undang Undang Nomor 16 Tahun 2019 tentang perubahan atas Undang Undang Nomor 1 Tahun 1974 tentang Perkawinan adalah pengakuan hak anak, jaminan, perlindungan dan kepastian hukum yang adil serta perlakuan yang sama atas hukum sehingga tidak ada diskriminasi.]]>
<![CDATA[Establishment of Supervisory Institutions As an Effort to Fulfill Child Support Rights Due to Divorce ]]>
<![CDATA[Ummu SALAMAH]]>;
<![CDATA[Rachmi SULISTYARINI]]>;
<![CDATA[Dhiana PUSPITAWATI]]>
<![CDATA[ International Journal of Environmental, Sustainability, and Social Science Vol. 4 No. 2 (2023): International Journal of Environmental, Sustainability, and Social Science (Mar ]]>
Publisher : <![CDATA[Indonesia Strategic Sustainability ]]>
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DOI: 10.38142/ijesss.v4i2.473
<![CDATA[The responsibility of parents to fulfill children's rights must still be carried out even if the parents are divorced. In Law Number 1 of 1974 concerning Marriage it is explained that the father is responsible for all rights to provide for the child, but often the father is negligent in fulfilling his obligations even though there has been a judge's decision in court. Basically in the realm of the Court, a request for execution can be made in fulfillment of child support costs if the father/ex-husband is negligent, but this execution is not an easy thing. The purpose of this study is to analyze the urgency of establishing a supervisory institution as an effort to fulfill child support costs due to divorce. This research method is normative law with statutory approaches, conceptual approaches, and comparisons originating from legal materials which are processed and analyzed with the results of the study.]]>
<![CDATA[Establishment of a Supervisory Institution as Effort Fulfillment of Children's Rights Due To Divorce ]]>
<![CDATA[Ummu Salamah]]>;
<![CDATA[Tahir Luth]]>;
<![CDATA[Rachmi Sulistyarini]]>;
<![CDATA[Dhiana Puspitawati]]>
<![CDATA[ Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press ]]>
Publisher : <![CDATA[Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia ]]>
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DOI: 10.28918/ajlh.v2i2.6752
<![CDATA[The responsibility of parents towards fulfilling children's rights must still be carried out even though both parents have divorced. In the Constitutional Marriage it is explained that a father is responsible for all the rights to life for his children, but often the father is negligent in fulfilling his obligations even though there has been a judge's decision in court. Basically in court, actually the implementation of a request in fulfilling the child's maintenance rights can be done if the father is negligent, but the implementation is not easy. This study will examine what are the juridical obstacles to fulfilling children's rights as a result of divorce and how to fulfill children's livelihood rights in the future. The purpose of this study is to describe efforts to fulfill children's livelihood rights as a result of divorce. This research is a normative legal research with a literature study approach, a case approach, and a comparison of efforts to fulfill children's rights to a just life. The results of the research in this description are that it is very necessary to have a supervisory institution that will oversee the level of compliance of fathers in fulfilling their children's right to life due to divorce.]]>
<![CDATA[Implementation of the Principle of Recognizing Service Users for Notary (Study of Application of Article 2, Paragraph (2) Permenkumham No. 9 of 2017 in Malang City ]]>
<![CDATA[Dian Dombat Pejoreza]]>;
<![CDATA[Moh Fadli]]>;
<![CDATA[Rachmi Sulistyarini]]>
<![CDATA[ Jurnal Multidisiplin Madani Vol. 3 No. 7 (2023): July, 2023 ]]>
Publisher : <![CDATA[PT FORMOSA CENDEKIA GLOBAL ]]>
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DOI: 10.55927/mudima.v3i7.4824
<![CDATA[The presence of a notary in the midst of society is very important, because a notary can provide guarantees of legal certainty related to making authentic deeds. According to Permenkumham No. 9 of 2017, notaries are required to follow the principle of recognizing service users. This obligation is borne by Reporting Notaries Parties in reporting questionable service users' financial activity as well as a form of protection for Protecting notaries from the risks of money laundering and steps to bolster government initiatives to combat money laundering. However, in implementing this principle there are still several notaries who have not implemented it. The problems studied in this study are related to the effectiveness of implementing the idea of recognizing service consumers in accordance with Permenkumham No. 9 of 2017 as the legal basis of Notaries in Malang City. The research method used is socio-legal with a sociological approach or looking at the implementation of norms in the field. The results of the study show that notaries in Malang are still found not to have implemented PMPJ based on Permenkumham No. 9 of 2017, PMPJ is considered a Notary. then the implementation is not effective, even though the legal substance has provided rules, the implementation of this article is hampered by several factors, namely the Notary Factor itself originating from an internal Notary who does not apply it, does not understand the obligation to apply the Principle of Recognizing a Service User (PMPJ) based on Permenkumham No. 9 of 2017, Inadequate facilities, notary's lack of understanding regarding how to control/use the IT system, and there are no strict sanctions from the Ministry of Law and Human Rights against notaries who do not implement PMPJ]]>
<![CDATA[EFFECTIVENESS OF IMPLEMENTATION OF THE PRINCIPLE OF RECOGNIZING SERVICE USERS FOR NOTARIES BASED ON PERMENKUMHAM NO. 9 YEAR 2017 STUDY IN MALANG CITY ]]>
<![CDATA[Dian Dombat Pejoreza]]>;
<![CDATA[Moh Fadli]]>;
<![CDATA[Rachmi Sulistyarini]]>
<![CDATA[ International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January ]]>
Publisher : <![CDATA[RADJA PUBLIKA ]]>
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DOI: 10.54443/ijerlas.v3i1.1092
<![CDATA[The presence of a notary in the midst of society is very important, because a notary can provide guarantees of legal certainty related to making authentic deeds. Notaries are burdened with the obligation to implement PMPJ based on Permenkumham No 9 of 2017. This obligation is borne by Notaries as Reporting Parties in reporting suspicious financial transactions of service users as well as a form of protection for Notaries from the dangers of money laundering and steps to support Government programs in eradicating criminal acts money laundering. However, in implementing this principle there are still several notaries who have not implemented it. The problems studied in this study are related to the effectiveness of the implementation of PMPJ based on Permenkumham No. 9 of 2017 on the authority of Notaries in Malang City. The research method used is socio-legal with a sociological approach or looking at the implementation of norms in the field. The results of the study show that notaries in Malang are still found not to have implemented PMPJ based on Permenkumham No. 9 of 2017, PMPJ is considered a Notary. then the implementation is not effective, even though the legal substance has provided rules, the implementation of this article is hampered by several factors, namely the Notary Factor itself which comes from an internal Notary who does not apply it, does not understand the obligation to apply PMPJ (PMPJ) based on Permenkumham No. 9 of 2017, Inadequate facilities, notary's lack of understanding regarding how to control/use the IT system, and there are no strict sanctions from the Ministry of Law and Human Rights against notaries who do not implement PMPJ.]]>
