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Tinjauan Yuridis Mengenai Hak dan Kewajiban Notaris dalam Pembuatan Akta Otentik Anggraini, Puspa; Putrijanti, Aju
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.976

Abstract

If signed in front of a notary, an authentic deed is a letter in a format determined by law and can be used as evidence that is flawless. The notary concerned must assume full responsibility for the situation if there is a problem with the deed he signed, whether it is related to civil, criminal, UUJN, or code of ethics issues. The notary will be released from this obligation if he has resigned from his job. The purpose of this study is to discuss and examine the obligations of a notary in making authentic deeds and to clarify what these rights are. Descriptive research combined with normative legal analysis methods. The notary can still be held accountable even though his term of office has ended or after the notary retires if an original deed drawn up before a notary turns out to be invalid and is detrimental to the parties.
Pelaksanaan Pemutusan Hubungan Kerja Dalam Perjanjian Kerja Waktu Tertentu Secara Sepihak Oleh Pt. Hotel Sahid Jaya International, Tbk (Studi Putusan Pengadilan Negeri Jakarta Pusat Nomor 186/Pdt.Sus/Phi/2019/Pn.Jkt.Pst.) Ariq, Muhammad; Putrijanti, Aju
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1327

Abstract

The writing of this scientific work discusses unilateral termination of employment (PHK), which is a layoff carried out on workers or laborers without going through the process regulated by the employment law, therefore the government issued Law Number 13 of 2003 concerning employment. The main problem of this research is what are the legal consequences of termination of employment carried out by PT. Hotel Sahid Jaya International to a worker named Viveka Nanda, based on Law Number 13 of 2003 concerning Employment, and whether the judge's decision in the district court decision Number 186/Pdt.Sus-PHI/2019/PN.Jkt.Pst. is in accordance with applicable laws and regulations. Normative Juridical using secondary data. In terms of data processing, it is carried out qualitatively, namely a method that produces analytical descriptive information. The research results are the Central Jakarta District Court Decision Number 186/Pdt.Sus/PHI/2019/PN.Jkt.Pst. not in accordance with statutory regulations regarding employment Number 13 of 2003, the layoff dispute case that occurred between Viveka Nanda as the plaintiff and PT. Hotel Sahid Jaya International as the defendant as a result of the law is null and void. In this case, the judge's decision in district court decision Number 186/Pdt.Sus-PHI/2019/PN.Jkt.Pst. not in accordance with applicable laws and regulations.
Kekuatan Hukum Akta Penegasan Untuk Tindakan Daluwarsa Pendaftaran Akta Jaminan Fidusia Dinda Prasetiani, Norika; Putrijanti, Aju
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1948

Abstract

The fiduciary guarantee deed must be registered inaccordance with applicable laws and regulations within 30 (thirty) days after the deed is drawn up. However,there are times when the fiduciary deed is registered late by the notary or the parties. To overcome this delay, the notary makes a deed of confirmation to re-register the fiduciary guarantee deed that is registered too late. This study uses a type of normative legal research, using a statutory approach. The normative juridical approach is carried out by examining various formal legal rules such as laws, regulations, and literature that contains theoretical concepts related to the topic and problem of this research. The results of this study indicate that the validity of the affirmation deed made before a notary public due to the expiration date of the registration of the fiduciary deed is legally valid, but the existence of the affirmation deed cannot replace the position of the fiduciary deed because the contents of the affirmation deed and the fiduciary deed are very different. Delay in registeringthe deed has implications for defects in the fiduciary guarantee deed,making a new deed would be better done than using an affirmation deed that has no legal basis in the law. An affirmation deed made for a fiduciary guarantee that is registered too latecannot provide legal protection to the parties because a deed that is registered too late does not have an executorial title. The deed of confirmation of a fiduciary guarantee appears to accommodate a deed of fiduciary security that has passed the registration deadline. The technique for making a deed of confirmation of a fiduciary guarantee is still made before a notary and in the premise of the deed it is stated that a fiduciary deed has not previously been registered.
Penerapan Hukum Humaniter oleh Mahkamah Pidana Internasional Terhadap Konflik Kemanusiaan Israel-Palestina Berdasarkan Statuta Roma 1998 Fajar Ibrahim; Putrijanti, Aju
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2157

Abstract

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An Analysis of Justice in Tapera Based on the Perspective of Jurgen Habermas' Critical Theory and John Rawls' Theory of Justice Firdaus, Kusuma; Utama, Yos Johan; Putrijanti, Aju
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5062

Abstract

Government Regulation Number 21 of 2024 was designed and issued to help Indonesian people who need financial support to own their first home. However, a few days after the regulation was enacted, the People's Housing Savings (Tapera) policy drew criticism from the public. This program is considered to burden low-income workers and is not fair enough for people from the middle to upper income group. This research aims to apply both theories, namely Jurgen Habermas's Critical Theory and John Rawls' Theory of Justice in the context of the Tapera Program.This research is a normative legal research using a statute approach. Data collection was carried out through literature studies of various legal sources and journals about Tapera.  The results of the study show that based on the perspective of Jurgen Habermas's Critical Theory and John Rawls' Theory of Justice, he emphasizes the importance of transparency, active participation, and protection of individual rights in the implementation of Tapera's policies. Based on Habermas' perspective, an inclusive public space is needed to ensure the participation of all parties in discussions and decision-making related to Tapera, with the aim of achieving social justice through rational communication. Meanwhile, Rawls' theory of justice emphasizes equal access to basic opportunities and a fair distribution of benefits for Tapera participants, regardless of social or economic status. The evaluation of Tapera's policies needs to consider these aspects to ensure justice in accordance with the social and democratic principles advocated by these two theories.
Execution of The Right to be Forgotten in Indonesia: The Urgency of the Requirements for the Determination and Establishment of the Assessment Body Sugeng Sulistyo, Trisoko; Johan Utama, Yos; Putrijanti, Aju
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5596

Abstract

The Right to be Forgotten has been recognized in the Information and Electronic Transactions Law (ITE) and the Personal Data Protection Law (PDP), but has not been regulated in detail. The ITE Law and the PDP Law do include provisions on the right to be forgotten, but there is no specific explanation of the conditions that must be met to establish what rights can be removed as part of the Right to Be Forgotten. In addition, there is no special assessment body tasked with determining and assessing these conditions. This ambiguity causes the implementation of the Right to be Forgotten to be hampered in Indonesia. This journal aims to provide recommendations for policymakers to improve related regulations so that the implementation of the Right to be Forgotten can run effectively in Indonesia so that it has benefits for law enforcement in Indonesia. The method used in this journal is normative juridical research with a statute approach. The results of the study show that in order for the implementation of The Right to be Forgotten to be more effective, it is necessary to prepare clearer determination requirements and the establishment of an independent assessment body that can handle applications fairly and transparently.