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All Journal AL-Daulah JUSTITIA JURNAL HUKUM Journal of Education, Humaniora and Social Sciences (JEHSS) JURNAL HUKUM dan KENOTARIATAN JURNAL RECHTENS PERSPEKTIF JUSTISI Journal of Law and Policy Transformation NEGARA DAN KEADILAN SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL JURNAL USM LAW REVIEW Academia Open Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education International Journal of Social Service and Research Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal Administrative and Environmental Law Review Jurnal Locus Penelitian dan Pengabdian Hang Tuah Law Journal Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Bulletin of Indonesian Islamic Studies Journal of Global Pharma Technology International Significance of Notary LamLaj Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman Open Access DRIVERset
Mohammad Muhibbin
Universitas Islam Malang
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Other

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DEGRADATION OF WILLS OF WILLS FROM AUTHENTIC DEEDS BECOME PRIVATE LETTER BASED ON COURT DECISIONS AND IMPLEMENTATION OF IMPLEMENTATION IN THE DIVISION OF INHERITED ASSETS (Case Study of Supreme Court Decision Number: 3466 K/Pdt/2016 Sunardi, Sunardi; Muhibbin, Moh.; Wanura, Gabriel Ibrizul
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22176

Abstract

An authentic deed if the making is not in accordance with the statutory provisions of Law No. 2 of 2014 concerning the Position of Notary Public and the Civil Code, then the deed can be null and void by law, can be canceled or even the deed has decreased strength of evidence to become a private letter or in other words experiencing deed degradation.Formulation of the problem How Does the Degradation of Deeds of Wills Happen From Authentic Deeds to Private Letters Based on the Supreme Court Decision Number 3466 K/PDT/2016. And what is the impact and application of the inheritance from the deed of testamentary grants after experiencing degradation from an authentic deed to a private letter.In writing this thesis using normative research methods. The results of the research were the Degradation of Wills and Grants Deeds from Authentic Deeds to Private Letters Based on the Supreme Court Decision Number 3466 K/PDT/2016. Because in making a deed it does not meet the formal and material requirements and is contrary to the laws and regulations of Law no. 2 of 2014 and the Civil Code, especially Articles 1868 and 1869 of the Civil Code that apply. This resulted in the authentication of the deed as perfect evidence not occurring so that it became an underhanded deed. in the case at the Supreme Court with case number 3466 K/PDT/2016, that the Deed of Willing Grant (legaat) Number 6 dated 9 December 2005 made before Sigit Siswanto, S.H., Notary in Depok City has been proven not to comply with the provisions of the Law on Notary Position in its making and has complied with the provisions in Article 1868 and Article 1869 of the Civil Code, which causes the legal deed to become a private letter.The Impact of Application of Inheritance From Deeds of Wills After Experiencing Degradation from Authentic Deeds to Underhanded Letters. As a result of the deed becoming a deed under the hand In the distribution of inheritance from a testamentary grant, additional evidence is needed so that the distribution of the inheritance from a will can be carried out. Based on the case in the case at the Supreme Court with case number 3466 K/PDT/2016 due to the Deed of Statement Number 6 dated 8 October 2007 made before Theresia Siti Rahayu, S.H. Notary in Jakarta, and strengthened by a sufficiently stamped statement dated October 8, 2007 which was made privately by the plaintiff, which essentially stated that the defendant was subject to the Deed of Wills and Grants. In accordance with Article 1875 of the Civil Code, that if an underhanded letter is recognized or legally justified, in this case with the presence of other evidence, it will cause complete proof such as an Authentic Deed or become perfect proof.Keywords: Authentic Deed, Under Hand, Will Grant.
One Day Service Land Registration After The Enforcement Of Decree Of The Head Of The National Land Agency Number 37/KEP-341/II/2014 Concerning The Quick Wins Program For The National Land Agency Bureaucracy Reform (Study At The Land Office Of Sidoarjo Regency) Sunardi, Sunardi; Muhibbin, Moh.; Subandi, Subandi
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24402

Abstract

Abstract : The One Day Service program through the Quick Wins program is a land service provided to the community aimed at changing work systems and mechanisms, mindset and work culture in a systematic and consistent manner in line with the goals and objectives of Bureaucratic Reform, so that in turn it can increase public trust in the Land Agency National Republic of Indonesia. The formulation of the problem in this thesis is 1) How is the Implementation of the One Day Service Land Registration Service After the Enactment of the Decree of the Head of the National Land Agency Number 37/Kep-341/II/2014 Regarding the Quick Wins Program for Bureaucratic Reform of the National Land Agency at the Land Office of Sidoarjo Regency and 2 ) What are the obstacles in implementing the One Day Service at the Sidoarjo Regency Land Office and how are the efforts to overcome these problems. This research is an empirical research with an empirical juridical approach and a horizontal and comparative approach. As for the results of the research on the Implementation of the One Day Service Land Registration Service After the Enactment of the Decree of the Head of the National Land Agency Number 37/Kep-341/II/2014 Concerning the Quick Wins Program Bureaucratic Reform of the National Land Agency At the Land Office of Sidoarjo Regency, the Applicant came to the Land Office with documents containing will be submitted, then, the Applicant goes to the registration counter to register, the Verifier file registration counter to do the Verification. If the files are complete, the files can be processed immediately and the Verifier officer immediately confirms in the land book section, then in the Land Book section the files are entered based on the files that have been entered and then in the land book section an SPS is issued, payment counter, the Applicant pays at the payment counter for his application based on the SPS given by the land book officer and then the applicant is given a receipt for proof of payment, the applicant then returns to the Verifier counter by showing the SPS and receipt proof of payment, only then the Verifier officer gives the STTD (Document Receipt) and the verifier officer gives confirmation in the printing department, after that the applicant's file goes to the printing department to be tidied up and determined in the land book regarding the type of application requested, such as the Roya application, Mortgage and so on for further analysis of the file, After completion of administration, the file d Submit it to the product submission counter, then the file is handed over to the applicant. The obstacles are the number of files submitted by the applicant which are incomplete so that verification is slow, the lack of facilities and infrastructure, especially the problem of counters and computerization so that the running of this program is not effective.Keywords, Land Registration, One Day Service
Implementation Of Presidential Regulation Number 59 Of 2019 Concerning Control Of Transfer Of Function Of Rice Land (Study At The Jombang Regency Land Office) Sunardi, Sunardi; Muhibbin, Moh.; Pratiwi Wiranita, Indriet
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24393

Abstract

Abstract : Controlling the conversion of paddy fields is one of the strategies to increase domestic rice production, so it is necessary to accelerate the determination of the Map of Protected Paddy Fields (PLSD). So far, Law no. 41 of 2009 concerning Protection of Sustainable Food Agricultural Land, along with Government Regulation (PP) No. 1 of 2011 concerning the Determination and Transfer of Functions of Sustainable Agricultural Land and Presidential Regulation Number 59 of 2019 concerning control of the conversion of paddy fields. The narrowing of agricultural land in Jombang Regency is due to the construction of housing which is increasing every year. The formulation of the problem 1) How is the implementation of Presidential Regulation Number 59 of 2019 regarding the conversion of paddy fields as a form of government prevention of the conversion of paddy fields at the Land Office of Jombang Regency 2) What are the obstacles and efforts to overcome obstacles to implementing Presidential Regulation Number 59 of 2019 regarding the conversion of paddy fields in managing land at the Jombang District Land Office, 3) What is the legal protection for paddy fields that have been protected since the enactment of Presidential Decree Number 59 of 2019 concerning the conversion of paddy fields in Jombang Regency. By using empirical research methods with research locations Jombang district land office. The results of the research on the implementation of Presidential Decree No. 59 of 2019 concerning the conversion of paddy fields as a preventive form for the government regarding the conversion of paddy fields at the Jombang Regency Land Office, in theory have not gone smoothly, but for signs for developers not to free up paddy fields as comfortably as possible used for housing or settlements. However, on the other hand, it creates a new problem for individual applicants because for individual applicants who wish to apply for separation of rights to inherited or non-inherited land, if the RTR block map includes the LSD map. Obstacles and efforts to overcome obstacles to the implementation of Presidential Regulation Number 59 of 2019 concerning the conversion of paddy fields in land management at the Jombang Regency Land Office, the form of settlement includes 1) Completion in the context of Completing Map Data of Protected Paddy Fields 2) Completion of Protected Paddy Fields in Accordance with Areas/Zones of Food Crops in the Spatial Plan 3) Settlement of Protected Paddy Fields that are Not In Accordance with the Areas/Zones of Food Crops in the Spatial Plan. Legal protection for paddy fields that have been protected since the enactment of Presidential Decree No. 59 of 2019 concerning the conversion of paddy fields in Jombang Regency. Food security will be maintained and to maintain protected paddy fields so they don't become residential land.Keywords: LSD, BPN, Rice fields, housing
Juridical Analysis of the Application of the Presumption of Innocence in Criminal Investigation Simonda, Paulus Kostan; Muhibbin, Moh.
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.631-642

Abstract

This study aims to determine the application of the presumption of innocence in the examination of criminal offenses. The type of research used is descriptive normative, with a statute approach, historical approach, conceptual, case and specific research. The results of this study indicate that the recognition of the presumption of innocence in the criminal procedure law applicable in our country contains two purposes. First, the provision aims to provide protection and guarantees to a human being who has been accused of committing a criminal offense in the process of examining a case so that his human rights are still respected. Secondly, these provisions provide guidance to officers to limit their actions in conducting examinations of suspects/defendants because they are human beings who still have the same dignity as those conducting the examination. One of the obstacles in the investigation process is that there are investigators who have not acted professionally in conducting investigations, resulting in actions that are contrary to the presumption of innocence.
The Authority of the Regent to cancel the Village Regulation on Village Revenue and Expenditure Budget based on Minister of Home Affairs Regulation Number 20 of 2018 concerning Village Financial Management Jaya, Hendro Kusuma; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 03 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i03.763

Abstract

The research aims to investigate the Regent's authority to revoke Village Regulations on Village Revenue and Expenditure Budgets following Minister of Home Affairs Regulation Number 20 of 2018 on Village Financial Management. It employs normative legal research methods, utilizing statutory and conceptual approaches and analyzing primary, secondary, and tertiary legal sources qualitatively. The findings suggest that while Village Regulations lacking an evaluation mechanism, determined solely by the Village Head, contravene Article 69 paragraph (4) of Law Number 6 of 2014 on Villages, the Regent/Mayor cannot annul such regulations under Article 36 paragraph (1) of Minister of Home Affairs Regulation Number 20 of 2018 unless the Village Head disregards the Regent/Mayor's evaluation findings, maintaining the validity of the Village Regulation. The Regent's authority to annul Village Regulations ignoring Regent's evaluations, as per Minister of Home Affairs Regulation Number 20 of 2018, conflicts with Article 24A paragraph (1) of the 1945 Constitution of the Republic of Indonesia.
The Effectiveness of Article 31 of Law Number 2 of 2011 Concerning Political Parties Muzizat, Luluk Kamim; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 05 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i05.779

Abstract

Political parties are national organizations and are one of the important elements in a democratic country. Political parties as political institutions are responsible for providing political education to cadres as well as the general public. Political parties are one of the tools to be able to occupy public positions ranging from the executive to the legislature. Political education is one way or effort to realize a good and quality democratic country. This study aims to discuss and find out how the implementation or implementation of political education in Tuban Regency. The method used in this legal research is the Normative juridical method, Data in this study was obtained from the results of interviews and literature studies for analysis materials. The data analysis technique used is qualitative discriptive. The results showed that the implementation of political education in Tuban Regency has not been maximized both for cadres and for the wider community. Political education is carried out only ahead of the big agenda, namely before the elections both Pilkada, Pileg and Presidential Elections. Political education materials presented by political parties are still not so optimal or less applicable. This has an impact on the number of votes, changes in votes compared to the results of votes in the 2014 election. In addition, it also has an impact on the quality of Party cadres in carrying out party functions and objectives, and affects the level of political participation of the community in granting political rights.
AUTHORITY OF DISTRICT/CITY BAWASLU IN THE PROCESS OF HANDLING VIOLATIONS OF THE CODE OF ETHICS FOR AD HOC GENERAL ELECTION SUPERVISORS Ruwiyono, Ruwiyono; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 05 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Bawaslu as an election supervisory agency has the authority, one of which is to decide on an election violation. If you look at the process of resolving election violations, it can also be related to the concept of justice, because election violations are not a category of ordinary crimes, but extraordinary crimes whose resolution requires the concept of justice in order to realize a good democracy. The election law has contained the formulation of delix and the threat of sanctions and penalties for election violations, including the mechanism for resolving them. In a theoretical study, the conviction of a person is closely related to criminal responsibility. The focus of the discussion on legal issues is how the process of resolving election violations against the concept of justice and the implications of the decision on election violations by Bawaslu on KPU policy making. This research is a type of qualitative research. This research emphasizes on election management institutions, so the main approach used is the institutional network approach to Bawaslu, namely through a legal approach and a conceptual approach. Meanwhile, the legal material uses laws related to elections and its derivatives, namely the Bawaslu regulations in dealing with election violations. The influence of a Bawaslu decision is very important in deciding election violations, if the independence of the Bawaslu is still attached and its dignity is maintained, then the democratic process in this country will run very well and fairly for all people who want electoral justice to be realized. With the importance of an Bawaslu decision in deciding a violation, Bawaslu itself must be far from being neutral. The code of ethics as the guardian of the dignity of democracy must be strictly guarded. Revision of Law 7 of 2017 concerning Special General Elections regarding administrative sanctions against administrative violations committed by election participants and election organizers is urgently needed. The sanctions given should be clearer and firmer so that the sanctions imposed are commensurate with the type of violation committed, which in the end can serve as a deterrent so that the election organizers work according to applicable norms/rules and have a deterrent effect.
Relationship of Regional Government and Village Government Before and After the Effect of Law Number 6 of 2014 Concerning Villages Prasetiawan, Andik; Muhibbin, Moh.
International Journal of Social Service and Research Vol. 4 No. 05 (2024): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The relationship between local and village governments becomes uncertain and blurs from its essence. In addition to exercising the remaining authority of the Regional Government although not herarchically but formalistically, the existence of the Village as a legal community unit that has original autonomy based on the right of origin is not fully recognized. As a unitary state, Indonesia recognizes and respects the existence of villages and customary villages, which are referred to as "unity of customary law communities", as stated in the constitutional basis of the 1945 Constitution. Thus this study focuses on two problem formulations. First, how was the relationship between the Regional Government and Village Government before and after the enactment of Law No. 6 of 2014? Second, what are the problems faced before and after the enactment of Law No. 6 of 2014?, when viewed from the concept of Autonomy? This research is a normative legal research, by analyzing the applicable laws and regulations related to Regional Government and Village Government before and after the enactment of Law No. 6 of 2014. This research uses two approaches, namely the juridical-normative approach (statue approach), and then the historical approach (historical approach). From the results of this study, there are several conclusions between him: First, the relationship between Regional and Village Governments, especially in Law No. 22 of 1999, and Law No. 32 of 2004, is increasingly unclear and tends to be partial. Because basically Villages and Regions are sub-systems of the Government that have their own government. On the contrary, it is regulated in one law, so that the essence of the Village as a legal community unit becomes blurred. Second, the design of Law No. 6 of 2014 concerning Villages, according to the concept of autonomy. The existence of the village actually strengthens the unitary state system by respecting and acknowledging its existence. The existence of Villages and Customary Villages as a legal community unit, as well as Village autonomy have a constitutional basis. The position of the village is not as the lowest composition of the Government, but a sub-system of the Government. because the Village according to this Law is a merger of two important elements, namely self-local governing community and local self government which is run based on the principles of recognition and subsidiarity.
Obligatory Wills for Adopted Children, Children of Unmarried Couples, and Children of Different Religions Muhibbin, Mohammad
Al-Risalah Vol 18 No 2 (2018): December 2018
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (756.647 KB) | DOI: 10.30631/alrisalah.v18i2.151

Abstract

In the perspective of Islamic law, the realization of obligatory wills is along with Islamic insight as a religion which focuses on realizing such realization from the principal of justice and a form of love among human being. This passion which has been created in one family can be realized by the giving of some part of the inheritance through obligatory wills to obstructed people being (heirs), both obstructed as adopted, born outside of legal marriage or children of different religions. All of those are meant for kindness, harmony and to avoid conflicts in the world which give big impact for creating harmony and peaceful family. This research was analysis the application of obligatory testaments to adopted children, legitimate children that born outside of marriage and children of different religions. Analysis has been reviewed according to fiqh’s view, Compilation of Islamic Law (KHI) and practice in the Religious Courts.
Implementation of Land Revenue for The Construction of Toll Road from Pandaan to Malang Wicaksono, Moch.Yuris; Rokhim, Abdul; Muhibbin, Moh.; Limsira, Patthara
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.790

Abstract

The purpose of this study is to understand how landowners make payments for development according to Law No. 10. Law No. 2 of 2012 regarding the process of legal solution in case of land acquisition for public benefit development and right holders not accepting the decision and/or money amortization study. The research used in this article is legal research and the following points can be deduced: (1). Payments are made in accordance with Law No. 1. The "Public Development Research Report" No. 2 of 2012 states that the payment to the right holders during land acquisition is reasonable and fair. The compensation amount is calculated based on the base parcel, including land, aboveground and underground, buildings, factories, underground equipment and other damages. According to the analysis of the payment, payments can be made according to money, land transfer, relocation, equity capital and other agreements to be made by both parties. (2). In other words, the legal solution to payment problems is that in case of objection to the document and payment, the beneficiary can appeal to the regional court within 14 business days after signing the payment document. Additionally, the District Court has the authority to determine the form and/or compensation within 30 business days from receipt of the complaint. Those who object to the decision of the regional court may appeal to the Court of Cassation within 14 working days. In this case, the Court of Cassation must make a decision within 30 working days after receiving the application for decision
Co-Authors Abdul Rokhim Achmad Eka Yougi Ardata Amar, Gays Anastacio Mendonça Ansyah, Yudi Anzhari, Anzhari Arthawidjaja, I Gusti Lanang Asyhari, Syahrullah Bastomi, Ahmad Budi Parmono Budi Parmono Chaidir, Noor Ediwan, Elche Angelina Fahrizen Fahrizen Falah Ilmania, Nurika Fernandez, M. Rizky Firman Adiansyah Hanafi Arief, Hanafi Haryadi, Nudi Hasan Basri Holil Holil Ike Yuvayanti Ilham Fauzi Prakoso Irawan, Dendik Isnaeni, Diyan Jamburi, Ahmat Jaya, Hendro Kusuma Kilihu, Lia Rosa Fauziah Kurniawan, Rudi Eko Limsira, Patthara Mahendra, Oeny Angga Mat Hasan Misranto Mochamad Ali Fajar Monikasari, Shandra Mursid Mursid Mustajib, Mustajib Muzizat, Luluk Kamim Nofi Sri Utami Nur Azizy, Ahmad Nur Hasan Parmono, Budi Prananto, Iksan Prasetiawan, Andik Prasnada, Famda Egga Pratiwi Wiranita, Indriet Rahmat, Fabitul Rahmatul Hidayati Rifatun Nuriyah Riswandha Imawan Rokhim , Abdul Rosadi, Herry Ruwiyono, Ruwiyono Shofiatul Jannah Simonda, Paulus Kostan Slamet Muchsin Subandi Subandi Sumarto, Mufti Eky Juliansyah Sunardi Sunardi Sunardi Supaat, Joko Suratman Suratman SYAIFUL BAHRI Syamsu Madyan Thariq, Muhammad Aqwam Umar Sahid Sugiharto Umar Said Sugiharto Utami, Nofi Sri Wanura, Gabriel Ibrizul Wibawa, G.M. Angga Satrya Wicaksono, Moch.Yuris Wulan, I Gusti Kencana