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All Journal Jurnal Ilmiah Penegakan Hukum Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Suara Hukum
Yoefanca Halim
Universitas Tarumanagara
Law, Crime, Criminology & Criminal Justice

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Tanggung Jawab Notaris terhadap Ketidaksesuaian Akta Salinan dengan Minuta Akta Yoefanca Halim; Fricky Sudewo; Tyas Fidelia
Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v6i2.2962

Abstract

Notary as a general official has authorization in making an authentic deed and have other powers as referred to in this law or under other laws, as described in the Department of Law Notary. In carrying out his position, a notary is obliged to act as a trustee, honest, equitable, independent, immutated, and keep the interests of the parties and to make the deed Minuta. In addition, a notary is obliged to issue the Grosse deed, copy of the deed, or Deed citation based on Minuta deed, such matters are governed by Law No.2 of 2014 as has been amended by Law No. 30 of 2004 on the Department of notary. It means that a notary is supposed to carry out obligations. But in fact, the notary can still be found that does not carry out obligations as stipulated in the notary law. By looking at this raises an issue about, "What is Notary's responsibility for the inconsistency of the Copy act with the Minuta deed?". In general, the responsibilities of notary public can be examined in the public, criminal, notary LAW, and responsibility for performing the duties of the department under the notary Code of Ethics. Civil liability regarding material truth in the deed made and can be categorized as making false documents in criminal terms. While the responsibilities according to the LAW and the Code of Ethics Department notary, notary may be subject to sanctions in the form of oral warning, letters, temporary stops, and stops with respect or disrespect. 
Problematik Definisi Harta Pailit untuk Mencapai Kepastian Hukum dalam Pelaksanaan Kepailitan dan PKPU Adriel Michael Tirayo; Yoefanca Halim
Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v6i2.2963

Abstract

A legal product is expected to realize 3 legal purposes, which is Justice, Expediency and Legal Certainty. The definition of bankrupt assets is not mentioned implicitly in the Bankruptcy Law, that can lead to multiple interpretations. In practice, it happened in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst for the bankruptcy of PT. Tripanca Group, due to the absence of clear provisions relationg to bankruptcy assets. In this case, the problem to be answered is how is the implementation of bankrupt assets definitions in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst and the efforts that can be made related to the implementation of bankrupt assets definitions. This research used normative juridical method through literature study, then the data has been analized qualitatively and conclusions are drawn inductively. The results showed that the definition of "bankruptcy assets" in practice led to multiple interpretations as contained in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst, where the judge also included assets that did not belong to the debtor (third party collateral) into assets bankruptcy as a guarantee of repayment of debt. Therefore, efforts that can be made by the government are to revise the Bankruptcy Law, specifically related to the definition of Bankruptcy Assets to provide Legal Certainty and to disseminate information to legal entities, non-legal entities, and the public so as to gain understanding and knowledge related to Bankruptcy and PKPU in particular about bankruptcy assets.
Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali Hardy Salim; Yoefanca Halim; Adriel Michael Tirayo
Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v6i2.2961

Abstract

A judicial institution has criteria that must be met, namely principles that are open, corrective, and recordive. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. By looking at this matter, the research is carried out with the aim of finding out the validity of court decisions which have not been inkracht as novum in the submission for reconsideration. This study is using a normative research method. In conclusion, court decisions that have not been inkracht as novum in submitting judicial review are valid because they need to prioritize the value of justice and truth before legal certainty. As long as the prerequisites in Article 263 paragraph (1) of the Criminal Procedure Code have been fulfilled, and one of the requirements in paragraph (2) has been fulfilled.
Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali Yoefanca Halim; Hardy Salim
Jurnal Suara Hukum Vol. 2 No. 1 (2020)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v2n1.p86-104

Abstract

A judicial institution is called good, not only if the process is honest, clean, and impartial. But in addition there are more criteria that must be met, namely principles that are open, corrective, and recordive. In this criterion, one side that deserves the attention of judicial management is the existence of a good legal remedial system as part of the principle of fairness and trial independence which are universally recognized principles. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. Seeing this raises a problem about, "What is the validity of a court decision that has not been inkracht as a novum in submitting a review?". The method used in this study is a normative or juridical legal research method.
PENEGAKAN HUKUM KEHUTANAN DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN DITINJAU DARI PERSPEKTIF KEADILAN MASYARAKAT HUKUM ADAT Rugun Romaida Hutabarat; Luisa Srihandayani; Kexia Goutama; Yoefanca Halim
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i2.4531

Abstract

Forest destructions has been escalating worldwide, including in Indonesia. Therefore, the Government issued Law Number 18 / 2013 on the Prevention and Eradiction of Deforestation (P3H) which was expected to guarantee legal certainty with emphasis on eradication of organized forest destruction. The problem to be discussed in this paper is about law enforcement and application of Law Number 18 / 2013 which frequently used to criminalize the indigenous people in Indonesia. The indigenous people have been criminalized on the ground of unlawful forest products utilization, while they merely foraging to fulfill their basic necessities. The criminalization of indigenous people is a conclusive evidence, which proof that Indonesian Goverment has been neglecting the indigenous people’s right. This paper use normative approach. The conclusion of this paper analyze that the problem of the criminalization happens in implementation level, which caused by the ignorance of law enforcement apparatus and vested interest.
Co-Authors Adriel Michael Tirayo Fricky Sudewo Hardy Salim Hardy Salim Kexia Goutama Luisa Srihandayani Rugun Romaida Hutabarat Tyas Fidelia