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Endang Pristiwati

Balai Besar Kerajinan dan Batik

Author-ID : 347685

Humanities Law, Crime, Criminology & Criminal Justice

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Konsekuensi yang Timbul Dari Asas Legalitas Dalam Hukum Pidana Materiil Pristiwati, Endang
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

The principle of legitimacy as a state aims to protect the society, which is expressed in the principle of legality. While the purpose of the law is more fundamental justice. This principle is officially defined as what is just stated by the constitution. This definition however has been left by some developed countries which is according to them could not be extended in its application. Therefore the definition of the principle of legitimacy should be expanded comprehensively in order reach wider consequence in the law and constitution. Substantive legality principle holds that the main purpose of the law is that justice can be realized based on the laws that have a broader scope than just the law, so it should have been in Indonesia also have to switch the view of the use of formal legality principle to the principle of legality material.

KONSEKUENSI YANG TIMBUL DARI ASAS LEGALITAS DALAM HUKUM PIDANA MATERIIL Pristiwati, Endang
Syariah: Jurnal Hukum dan Pemikiran Vol 13, No 2 (2013)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

The principle of legitimacy as a state aims to protect the society, which is expressed in the principle of legality. While the purpose of the law is more fundamental justice. This principle is officially defined as what is just stated by the constitution. This definition however has been left by some developed countries which is according to them could not be extended in its application. Therefore the definition of the principle of legitimacy should be expanded comprehensively in order reach wider consequence in the law and constitution. Substantive legality principle holds that the main purpose of the law is that justice can be realized based on the laws that have a broader scope than just the law, so it should have been in Indonesia also have to switch the view of the use of formal legality principle to the principle of legality material.

SANDAK DALAM PERSPEKTIF HUKUM PERDATA NASIONAL Pristiwati, Endang
Syariah: Jurnal Hukum dan Pemikiran Vol 14, No 2 (2014)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Sandak is lien land that constitutes sale transaction in culture law (not as assurance institution). However, sandak purchasers could not have sandak land because they have obligation to take back the land at redemption. So, it has not expiration date. In this transaction practice, it has a strong relationship with elements of extortion and it is really disserve the sandak seller. Because of that, it is need to further regulation. On Laws No. 56/PRP/1960, sandak is limited the time period. Beside in that rule, sandak becomes more similar with assurance institution. However, on supreme court decision in 1981 toward sandak land that has passed certain period is not taken back and there is no claim refund, then sandak purchaser can become a sandak owner. While until this time, society is seldom to know about the exist of that rule, so the extortion is continuos. Besides, the new law, Laws No. 4 year 1996 about dependent rights, is not arrange this sandak problem as well.

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