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STUDI TENTANG PENERAPAN ASAS VERHANDLUNGS MAXIME DALAM PEMERIKSAAN PERKARA PERDATA Sigit Dwi Nugroho; Ismawati Septiningsih; Itok Dwi Kurniawan
Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v9i1.3284

Abstract

In civil procedural law there are principles that must be met, one of which is fulfilling the legal principle, the Verhandlungs Maxime principle has the understanding that the scope or main area of the dispute submitted to the judge for examination is basically determined by the parties to the case and not by the judge. In practice, if the Verhandlungs Maxime principle is applied absolutely in trying cases, it can cause the principle of justice or the principle of expediency not to be fulfilled. There is a need for research related to the application of the Verhandlungs Maxime principle in the examination of civil cases to determine the scope of this principle. The research method used in the preparation of this study is a normative juridical method. Judges in deciding a case must pay attention to the Verhandlungs Maxime principle so that the resulting decision is not considered Ultra Petita, but the judge has the freedom to decide outside the subject of the dispute submitted by the parties based on the theory of legal objectives by Gustav Radbruch, Law Number 48 of 2009 concerning Power Judiciary, and Supreme Court Jurisprudence. An understanding is needed regarding the arrangement and application of the Verhandlungs Maxime principle in the Civil Procedure Code, other regulations related to the verhandlungs maxime principle, and the development of the application of the principle so that there is a uniform understanding of the verhandlungs maxime principle. Keywords: Civil Case, Legal Principles, Verhandlungs Maxime.
MEASURES USE OF THE HOUSE OF BIRDS GHOSTS AND WASTE HUSK RICE TO PREVENT PEST RATS ON RICE VILLAGE PURWOREJO Ismawati Septiningsih; Wiradrana Wasistha; Shafrina Amalia Rosady
E-Amal: Jurnal Pengabdian Kepada Masyarakat Vol 2 No 1: Januari 2022
Publisher : LP2M STP Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/eamal.v2i1.1171

Abstract

This community service activity has the aim of helping the people of Purworejo Village, especially the Farmer Group, in overcoming the problem of rat pests that are being faced. Purworejo Village is located in Gemolong District, Sragen Regency, Central Java Province. This village is a potential area for the agricultural sector, the majority of the people are farmers. In agriculture, it cannot be separated from the threat of pests that attack rice plants. To overcome these problems, the service team provided socialization and procured RUBUHA (Owl House) and chaff soaking. Activities are carried out through the Simple Additive Weighting (SAW) method, counseling, and procurement. Making RUBUHA and soaking husks is an alternative to controlling rats using an ecological approach. Farmer groups in Purworejo Village 100% participated in this activity. The impact of the extension activities of farmer groups in Purworejo Village was able to increase knowledge, understand and apply rice husk waste, and utilize RUBUHA to eradicate rat pests in their rice fields. It is hoped that the farmer groups can be sustainable in maintaining RUBUHA.
RELEVANSI PENGATURAN DALAM PENYELESAIAN PERMASALAHAN SENGKETA DI INDONESIA BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 5 TAHUN 1986 JUNCTO UNDANG-UNDANG NOMOR 9 TAHUN 2004 TENTANG PERADILAN TATA USAHA NEGARA (PTUN) Ismawati Septiningsih; Ainuun Ridayanti; Itok Dwi Kurniawan; Suyatno Suyatno
RESEARCH FAIR UNISRI Vol 7 No 2 (2023): Research Fair UNISRI
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/rsfu.v7i2.8972

Abstract

The Unitary State of the Republic of Indonesia is a dynamic rule of law aimed at creating a prosperous, secure and orderly nation and state. PTUN's mission is to resolve disputes between states and citizens. Disputes often arise as a result of policies and actions. The ideal of human sovereignty has not yet been fully realized as rulers continue to exceed their power. Rulers can abolish social control, leading to a concentration of power. A common legal research method is to analyze the laws and regulations relevant to the issue. The results show that the diversity and dynamics of complex social issues lead to ethical standards of administration that are enhanced by the quality of inclusion and underpinned by the differentiation of values, attitudes and norms of conduct. In the policies and actions of government officials who can build public confidence. Efforts to adhere to government ethical standards can be maintained through strategies that increase clarity of purpose.
THE CONCEPT OF CASH FLOW IN MONEY LAUNDERING IN INDONESIA Itok Dwi Kurniawan; Ismawati Septiningsih
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7626

Abstract

The development of criminal acts that occur in a country moves with the development of social civilization. One of the criminal acts in the economic sector that has arisen as a result of modern civilization is the crime of money laundering, namely the concealment of assets resulting from a crime so that it appears as if they originate from a legal source. This article will examine the asset tracing strategy which is an effective step in tackling money laundering crimes. The approach used in discussing the problem is a case study. The results of the research in this article are that efforts to trace assets with a fund tracking process need to be developed and adopt existing technological developments. This is to ensure the effectiveness of handling money laundering in Indonesia.
ANALYSIS OF CRIMINAL SANCTIONS FOR PEOPLE OF ANIMAL ABUSE: ANALISIS SANKSI PIDANA BAGI MASYARAKAT PENYALAHGUNAAN HEWAN Ismawati Septiningsih
SOSIOEDUKASI Vol 13 No 1 (2024): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v13i1.3646

Abstract

The old Indonesian Criminal Code, which is a translation of Wetboek van Strafrecht for Nederlandsch Indie, has provided regulations regarding the abuse of animals. However, so far there are still many cases of animal abuse, because people consider this act to be trivial and the criminal sanctions are not too severe. The aim of writing this article is to find out appropriate and strict rules to prevent animal abuse. This article was written using a normative legal research method with a statutory approach. The results of this research are that regulations regarding animal abuse should be equipped with more specific regulations and heavier sanctions so that they can run effectively.
THE EXISTENCE OF THE DEATH PENALTY IN THE ANTI-CORRUPTION LAW Ismawati Septiningsih
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 1 No. 2 (2024): Vol. 1 No. 2 Edisi April 2024
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v1i2.97

Abstract

The death penalty is the heaviest criminal sanction in the criminal system in Indonesia. It can be said that this is because the death penalty takes a person's life, where the right to life is the basic right of every person. In Indonesia, the death penalty is applied to general crimes with serious qualifications and special crimes which are classified as serious crimes. One specific crime that can be sentenced to death is corruption because its impact is so dangerous for the survival of a country. This article will analyze the existence of the death penalty in anti-corruption laws. The results of this research indicate that the existence of the death penalty in anti-corruption law is specifically for corruption committed under certain circumstances. The particular situation in question is corruption carried out in an emergency situation.
Semi-Public Restructuring: Good Faith and Business Continuity in Indonesian Go-Public Company Bankruptcies Itok Dwi Kurniawan; Ismawati Septiningsih; Rahayu Subekti; Sahat Poltak Siallagan; Fines Fatimah
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4498

Abstract

Indonesia’s insolvency framework is currently suboptimal in accomodating rapid creditor enforcement with preserving viable firms, particularly publicly listed companies where market signaling and minority interests are at stake. This article proposes the adoption of a semi-public restructuring regime that combines private negotiation (pre-packs) with structured judicial oversight similar to scheme procedures, including limited moratorium and cram-down powers. Using a normative juridical method supported by case analysis (including Garuda’s dual-track restructuring) and interviews with supervisory judges, the paper: (1) identifies legal and practical shortcomings of PKPU/Bankruptcy under Law No. 37/2004; (2) compares UK Part 26A, US Chapter 11, and regional moratorium models; and (3) formulates statutory reforms to operationalize semi-public restructuring in Indonesia. The proposal rests on three core pillars: a mandatory insolvency test, a time-bound moratorium to facilitate rescue, and judicially supervised cram-down with strengthened disclosure obligations to safeguard minority creditors.
Kajian Normatif Mengenai Perbandingan Mekanisme Kepailitan BUMN dan BUMD Ismawati Septiningsih; Itok Dwi Kurniawan; Harjono; Kristiyadi; Annisa Nurul Alimah
Jurnal Kewarganegaraan Vol 6 No 2 (2022): Desember 2022
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v6i2.2823

Abstract

Abstrak Penulisan hukum ini bersifat normatif guna menemukan proses kepailitan Badan Usaha Milik Negara berdasarkan Undang–Undang Nomor 19 tahun 2003 mengenai Badan Usaha Milik Negara jo. Peraturan Pemerintah tahun 2005 tentang Tata Cara Pendirian, Pengurusan dan Pembubaran Badan Usaha Milik Negara dengan proses kepailitan Badan Usaha Milik Daerah sesuai Peraturan Pemerintah Nomor 54 tahun 2017 mengenai Badan Usaha Milik Daerah jo. Undang–Undang Nomor 37 tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang. Penelitian ini dilakukan untuk menemukan perbandingan komparasi mekanisme atau prosedur pengajuan kepailitan antara BUMN dan BUMD berhubungan dengan tugas dan wewenang termasuk persetujuan permohonan pailit dalam struktur organisasi yang ada di BUMN dan BUMD. Pada Hakekatnya, pembahasan dari artikel ini didapatkan dengan menjabarkan pedoman undang–undang yang mengaturnya sehingga hasil pembahasan diharapkan mampu menjelaskan secara detail mengenai komparasi mekanisme permohonan perkara kepailitan antara BUMN dan BUMD dengan harmonisasi dengan peraturan-peraturan yang masih relevan. Kata Kunci: Badan Usaha Milik Negara, Badan Usaha Milik Daerah, Kepailitan Abstract This normative legal research being conducted to find bankruptcy process of State-Owned Company based Act Number 19 year 2003 about State-Owned Company jo. Government Regulation year 2005 about Procedures for Establishment, Management and Dissolution of State-Owned Company with the bankruptcy process of Regional-Owned company compared to Government Regulation Number 54 year 2017 about Regional-Owned Company jo. Act Number 37 year 2004 about Bankruptcy and Suspension of Debt Payment Obligations. This study was conducted to find a comparison of the mechanism about bankruptcy procedures between State-Owned Company and Regional-Owned Company related to the duties and authorities including the approval of bankruptcy approval in each other regulations. Furthermore, This article obtained by elaborated the exist regulation specifically that expected to be able to explain harmonization of comparison mechanism of bankruptcy procedures between State-Owned Company and Regional-Owned Company. Keyword: State-Owned Company, Regional-Owned Company, Bankruptcy
PERJANJIAN PERDAMAIAN UNTUK MENCIPTAKAN KONSEP CORPORTAE RESQUE DALAM RESTRUKTURISASI SEMI PUBLIK INSOLVENCY LAW DI ERA BISNIS MODERN Putri Maha Dewi; Ismawati Septiningsih; Itok Dwi Kurniawan
Jurnal Privat Law Vol 11, No 2 (2023): JULI - DESEMBER
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v11i2.65479

Abstract

Many companies face the threat of difficulty paying their debts to their creditors. There are many reasons the debtor has not paid off the debt, including being unable to pay off the debt that has been given at all, the debt that has been paid is still insufficient for the debt bill, being late in paying the debt, or paying the debt but not in accordance with what has been agreed. The reconciliation plan in the PKPU contains one of which is the debtor's plan to restructure his debts in accordance with the principle of business continuity, which most often is rescheduling, regulated in Article 265 of Law Number 37 of 2004 concerning Bankruptcy. The parties are free to determine the content of the peace plan, the freedom of the content of this peace plan is known as the principle of freedom of contract. The peace agreement which has been ratified by the court, then the reconciliation has binding legal force for the Debtor and the Creditors.
RATIO DECIDENDI ATAS KONSTRUKSI DAKWAAN PENUNTUT UMUM DELIK PENGGELAPAN ARISAN ONLINE (PUTUSAN NO 30/PID/2021/PT SMG) Luthfi Khansa Rasendriya Rahyono; Ismawati Septiningsih
Verstek Vol 11, No 2 (2023): APRIL-JUNI
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.72137

Abstract

This research aims to analyze and examine the Judges' Legal Considerations regarding the Construction of the Public Prosecutor's Indictment against the perpetrator of the Online Arisan Embezzlement Crime. Regarding how the Judge's Legal Consideration should be for the Online Arisan Crime in Decision Number 30/Pid/2021/PT SMG. Based on the results of research and discussion, it can be seen that the Judge's consideration or ratio decidendi used to determine the perpetrator to be the defendant in Decision Number 30/Pid/2021/PT SMG, according to the author, is correct, as in the online arisan activity there is a criminal act of embezzlement committed by the Defendant. It can also be seen based on the results of the analysis and discussion according to the author in Decision Number 30/Pid/2021/PT SMG, apart from looking at the legal considerations above, the author looks at the prosecutor's charges, which according to the author fall into the category of lenient charges, the indictment can be explained as the prosecutor's conclusion on the examination of the case made based on the evidentiary process at trial. Judges who are the enforcers of justice become the basis for the prosecutor's charges. When considering several charges in cases that have passed, it is appropriate for the public prosecutor to impose heavier charges on the defendant.Keywords: Online Arisan; Ratio Decidendi; Construction of Public Prosecutor's Indictment