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All Journal Badamai Law Journal Jurnal Hukum Samudra Keadilan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial JURNAL HUKUM dan KENOTARIATAN Al-Adl : Jurnal Hukum Banua Law Review INJURLENS
Anang Shophan Tornado
Fakultas Hukum Universitas Lambung Mangkurat
Economics, Econometrics & Finance Education Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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VERSTEK DECISION POWER ON UNDER-HANDS SELLING WHICH THE SELLER DOESN'T EXIST Ratna Khairani; Rahmida Erliyani; Anang S hophan Tornado
NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Vol 10, No 4 (2023): NUSANTARA : JURNAL ILMU PENGETAHUAN SOSIAL
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jips.v10i4.2023.1773-1793

Abstract

The transfer of land rights is the transfer of land rights from the old right holder to the new right holder according to the provisions of the applicable laws and regulations. Land law in Indonesia requires the transfer of land rights to be carried out before the Land Deed Official (PPAT), because basically buying and selling land must meet clear and cash requirements. Government Regulation Number 24 of 1997 Concerning Land Registration in Article 37 paragraph (1) states that "Transfers of land rights and ownership rights to apartment units through buying and selling, exchange, grants, entry into the company and other legal actions for transferring rights, except for transfers of rights through auctions, can only be registered if proven by a deed drawn up by the PPAT who is authorized according to the provisions of the applicable laws and regulations." This is what happened in the decision of the Batulicin District CourtNumber: 68/Pdt.G/2021/PN Btn, where the sale and purchase is carried out underhanded and when registration is desired, the whereabouts of the seller cannot be identified, so the sale and purchase cannot be transferred and registered, because one of the requirements for land registration is there is a deedauthentic which proves that it is true that a legal act of sale and purchase has taken place, so that the making of the sale and purchase deed is hampered. The problem that the author raises in this study is how is the verstek decision that has been inkracht regarding the Registration of Transfer of Land Rights and what is the validity of the making of the Deed of Sale and Purchase (AJB) by PPAT based on the verstek decision? The results in this study are that decisions that have permanent legal force can be enforced, where decisions have binding legal force (binding force), strength of proof (Proving Power) and powerExecutorial (Executorial Force). So the deed can be said to be valid because until now, no party feels that they have been harmed, or that there has been a lawsuit filed against the PPAT concerned regarding the confusion over the existence of the deed
APPLICATION FOR DISSOLUTION OF LIMITED COMPANY BY THE ATTORNEY WITH THE REASON OF VIOLATION OF PUBLIC INTEREST” Dita Herlina Sari; Rahmida Erliyani; Anang Shophan Tornado
NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Vol 10, No 5 (2023): NUSANTARA : Jurnal Ilmu Pengetahuan Sosial
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jips.v10i5.2023.2133-2146

Abstract

The purpose of doing this research is to analyze first, How is the measure of violating the public interest as a reason for the attorney to dissolve a limited liability company; and secondly, what are the legal steps for a limited liability company that was filed for dissolution by the Attorney General's Office on the grounds that it violated the public interest. First Research Results because the definition of public interest is still dynamic and keeps up with the times and in UUPT does not explain the definition of public interest in detail. then the measure of violating the public interest is taken from the law which provides a definition of public interest in the Land Law, the Prosecutor's Law, the State Administrative Court Act. So that if a Limited Liability Company violates the understanding of a public interest as described in the law, the Limited Liability Company will automatically violate the Public Interest. Second: The legal steps taken are filing an objection in court on the basis that the dissolved Limited Liability Company can still carry out re-management and improve the company even better so that it can operate again in accordance with applicable regulations.
Provision Of Assistance By Legal Advisors/Advocates To Witnesses In The Investigation Stage Examination Anang Shophan Tornado
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.69

Abstract

The Criminal Procedure Code only provides an opportunity for legal advisers to accompany the suspect in the Minutes of Examination with limited provisions, only to see and hear during the examination, this is regulated in Article 54 of the Criminal Procedure Code. Meanwhile, there is no regulation for witnesses in the Criminal Procedure Code. The problem in examining witnesses is when the witness being examined has the potential to become a suspect, where the concept of a witness who has the potential to become a suspect has become known as the concept of a potential suspect. So that it will be very urgent when the rights of witnesses being examined must really have their rights protected, one of the efforts to protect it is the presence of a legal adviser or advocate. The problem can be narrowed down to how witnesses who have the potential to become suspects in the investigation stage become more cooperative and "tame" towards investigators' summons to be examined, this of course needs to be made in a method that gains strong legitimacy at the norm level. In Article 27 paragraph (1) letter a Regulation of the Chief of Police Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards in the Implementation of Duties of the Indonesian National Police firmly states that "every officer who conducts examination of witnesses, suspects or examinees is obliged to: a. provide an opportunity for witnesses, suspects or being investigated to contact and be accompanied by a lawyer before the examination begins.
Determination of Suspects in Narcotics Crimes Through Supervised Submission (Controlled Delivery) Anang Shophan Tornado
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.70

Abstract

Abstract Considering that the crime of illicit drug trafficking is already very horrific, both coming from abroad and those circulating within the country, a special method is needed to deal with it. Narcotics and psychotropics are substances or drugs that are very useful and necessary for certain diseases. However, if it is misused or used not in accordance with the standard of treatment, it can have very detrimental consequences for individuals or society, especially the younger generation. Seeing the difficulty of the investigative process for disclosing drug cases, there must be special rules governing the process or authority of investigators in handling drug cases. The authority of investigators in carrying out investigations, these techniques are undercover buys and controlled delivery. The norms governing controlled delivery, namely the Narcotics Law and the technical regulations under it, still cannot clearly describe the problems above, especially how the recipient, who incidentally is a person, is intentionally used or framed to become a recipient of narcotic packages .
Statement of Expert in Holding Special Cases at the Investigation Stage Based on Perkap 6 of 2019 Concerning Investigation of Criminal Acts Anang Shophan Tornado
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.72

Abstract

As a form of implementation as a rule of law state, law enforcement officers consisting of police, prosecutors, judges and lawyers are presented to carry out this function. The police as one of the law enforcers carry out security measures in the community, in every action they are subject to formal law, namely the Criminal Procedure Code (KUHAP). In the Criminal Procedure Code, the task of the police to disclose a crime or also called a crime is known as an investigation. In the investigation stage which aims to make light of a crime and find the suspect by collecting evidence, of course, must go through the correct and accountable procedures. A little wrong in carrying out the procedure, the investigator as a user in the investigation in his actions makes it clear that the crime must collect evidence that can really be tested in quality. In the Criminal Procedure Code, evidence is contained in Article 184 paragraph (1) which consists of witness statements, expert statements, letters, instructions and statements of the accused. As for the evidence that is in the spotlight in the expert's statement, where the expert's statement is evidence that is felt to play a significant role in determining the elements of the crime which in the end can shed light on the crime in the investigation stage. KUHAP as the holy book of criminal law practitioners in enforcing criminal law is certainly expected has all the facilities or in other words can accommodate all the sense of justice for the parties involved in it. As we also know that the Criminal Procedure Code was born in 1981, if we feel that he is already 40 years old, if we equate it with human age, it can be said that he is entering adulthood. The maturity of the KUHAP so far can be marked by the persistence of the Criminal Procedure Code as the basis for law enforcement and justice seekers in criminal cases even though there are patchworks here and there in the form of implementing regulations and in the form of a Supreme Court Circular to provide perfection and fulfill the people's sense of justice.
Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan Anang Shophan Tornado; Soffyan Angga Fahlani; Nur Khalis Alfath; Nur Aida; Noor Fidhiatun Nisa; Risna Risna
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.82

Abstract

Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.
Co-Authors Ahmad Mubarak DETO ADITYAN SUBAGJA Dita Herlina Sari Gesang Yoga Madyasto IFRANI Ifrani Ifrani Indra Agung Perdana Putra Maya Sari Muhammad Erham Amin MUHAMMAD RIZKI ANUGERAH Mulyani Zulaeha Noor Fidhiatun Nisa Nur Aida Nur Khalis Alfath Rabiyatul Adawiyah Rahmida Erliyani Ratna Khairani Risna Risna Ryan Kushervian Rasyid Saparyanto Saparyanto Soffyan Angga Fahlani Suprapto Suprapto