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HARTA WARIS PADA ANAK ANGKAT MENURUT KOMPILASI HUKUM ISLAM DI PENGADILAN AGAMA SAMARINDA Rokhim, Abdul
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5032

Abstract

In general, adoption according to law is the transfer of a child to adoptive parents from the biological parents in its entirety and is carried out according to legal local customs. So, the biological parents have let go of the child, and the responsibility shifts to the parents who adopted him. Although the Qur'an does not give adopted children the right to inherit from their adoptive parents, this is regulated in the Compilation of Islamic Law which is a human product from various schools of thought and made as a source of law in our country by providing provisions. that adopted children are entitled to receive a share of the inheritance.The legal position of the adopted child will result in that in general the child will have an inheritance relationship with the adoptive parents and inherit from the original parent will be removed based on Article 209 Paragraph 2 Compilation of Islamic Law (KHI), adopted children who do not receive a will will be given mandatory will. The position of adopted children according to Islamic inheritance law is not getting their inheritance rights from their adoptive parents, but still as legitimate children based on a court decision by not deciding the lineage / blood with their biological parents, because the principle of adoption according to the Islamic Law Compilation is a manifestation of faith that carrying a humanitarian mission that is manifested in the form of maintenance in its growth and development by fulfilling all its needs.Regarding the distribution of inheritance in the Compilation of Islamic Law Article 209 paragraph (2) for adopted children who do not receive a will but are given what is called a will, obligatory maximum of 1/3 (one third) of the inheritance of their adoptive parents, as stated in Article 195 paragraph (2) will allow a maximum will of only 1/3 of the inheritance unless all the heirs agree.
Legal Protection For Cryptocurrency Investors In Trading Cryptocurrencies As Crypto Assets According To Civil Law In Indonesia Rokhim, Abdul; Sunardi, Sunardi; Rakhim, Muhammad Resky
Jurnal Hukum dan Kenotariatan Vol. 8 No. 1 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i1.21771

Abstract

Crypto is a non-wuud commodity that is digital using cryptography. The legality of crypto assets in Indonesia has not received firm regulation in their use, and there is a need for a supervisory body that regulates all transaction activities for legal protection for investors in trading digital assets. The research method used in this study is to use normative juridical research methods, using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The result of the discussion of this study is that for the legality of crypto assets, Bank Indonesia places them as digital money so that they are prohibited as a means of payment, while the Ministry of Trade places them as digital assets so that they are allowed to be traded on the Futures Exchange. Normatively, there is still opposition in looking at crypto money. Legal protection of investors who make crypto asset buying and selling transactions get legal protection for losses that can be caused both criminally, namely losses caused by cyber crime and civil losses due to Unlawful Actions.
Perlindungan Hukum Terhadap Penyalahgunaan Data Pribadi dalam Aplikasi Pinjaman Online Wafda, Putri Nurayu; Rokhim, Abdul; Utami, Nofi Sri
DIVERSI : Jurnal Hukum Vol 10 No 1 (2024): Diversi Jurnal Hukum
Publisher : UNIVERSITAS ISLAM KADIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/diversi.v10i1.4842

Abstract

Penelitian ini mengkaji tentang bentuk perlindungan hukum terhadap penyalahgunaan data pribadi dalam aplikasi pinjaman online. Penelitian ini bertujuan untuk menganalisis regulasi perjanjian pinjam meminjam uang dalam aplikasi pinjaman online dan modus terhadap penyalahgunaan data pribadi dalam aplikasi online serta untuk menganalisis bentuk perlindungan hukum preventif dan represif yang diberikan untuk kasus penyalahgunaan data pribadi dalam aplikasi pinjaman online dalam peraturan perundang- undangan. Metode penelitian yang diterapkan pada penelitian ini adalah yuridis normatif. Hasil penelitian ini menjelaskan aturan dalam perjanjian transaksi serta pengawasan izin usaha aplikasi pinjaman online. Adanya modus penyalahgunaan data pribadi dalam aplikasi pinjaman online, peraturan perundang- undangan memberikan bentuk perlindungan hukum sesuai dengan aturan yang berlaku. Seperti, bentuk perlindungan hukum preventif yang bertujuan untuk mencegah terjadinya perbuatan penyalahgunaan data pribadi dalam aplikasi pinjaman online, sedangkan dalam bentuk perlindungan hukum represif bertujuan untuk memberikan sanksi kepada pelaku tindak pidana penyalahgunaan data pribadi sesuai dengan unsur- unsur dalam perundang- undangan yang telah diputuskan hakim.
Consumer Legal Protection Against The Purchase Of Legalized Land Lands Which Are Only Waiting For A Certificate Of Resolution Sunardi, Sunardi; Rokhim, Abdul; Wiratamja, Novieyani
International Significance of Notary Vol 6, No 1 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i1.25928

Abstract

Abstract: What if the sale and purchase of plots of land that have been sold by the developer but there is still no splitting of the plot of land and it has already been sold, then the developer will make a letter of agreement which is legalized by a notary, can this be detrimental to the buyer and what is the certainty? the law is because the certificate is not certain to be in the name of the buyer, as well as the form of legal protection for the buyer. The problem formulation is as follows, What is the legal protection for consumers for the purchase of plots of land where the agreement is only legalized by a Notary? How is the strength of the agreement to buy and sell plots of land under the hands of the legalization by a Notary before the issuance of a split certificate according to the Civil Code and UUJN and. This research uses a normative research method with a statutory regulatory approach and a case approach, namely a case approach carried out by examining cases related to the legal issues faced, the results of research on Legal Protection for Buyers for Purchasing Land Plots Based on A private deed that is legalized by a notary is only so that there is certainty regarding the veracity of the signature contained in the private deed, and also certainty regarding the truth that the signature is truly the signature of the Parties; so that the seller immediately with a legalized private deed can receive payment for the plot of land before handing over, however, the buyer demands the implementation of the private agreement and the buyer gets a guarantee from the seller to guarantee that the object of the agreement is in control of the object being sold. safely and securely and guaranteeing against hidden defects, this is in accordance with article 1492 of the Civil Code. Meanwhile, protection for notaries must be in accordance with article 66 UUJN and notaries who legalize the deed below are only responsible for the authenticity of the signatures of the parties and the certainty of the legalization date. A private deed that is legalized by a Notary has the power of proof that is not the same as an authentic deed, because the signature contained in the private deed can be denied by the person signing and the party submitting it as evidence must prove its truth through other evidence or witnesses. And a private deed that is legalized does not qualify as an authentic deed, where one of the requirements for an authentic deed is that it is made by an authorized public official, while a private deed that is legalized by a notary is made by the parties.
LEGAL PROTECTION AGAINST A NOTARY ALLEGED TO COMPLETE MALPRACTICE IN THE PROCESS OF MAKING OUTENTIC DEEDS Sunardi, Sunardi; Rokhim, Abdul; Fabrila, Virly
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22180

Abstract

A notary is a public official who is authorized by the state to make an authentic deed. On this basis, a legal protection is needed for a Notary if in carrying out his duties he is suspected of committing malpractice in the process of making an authentic deed as regulated in Article 38 of Law number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the position of a Notary, The formulation of the problem of Legal Protection Against Notary Positions Who Are Suspected of Malpractice in the Process of Making Authentic Deeds, Law Enforcement Procedures Against Notary Positions in Legal Protection Who Are Allegedly Conducting Malpractice in the Process of Forming Authentic Deeds through the Nortary Honorary Council according to the Law on Notary Positions the method used in This research is a normative research with a statutory approach. The results of the research on the legal protection of the position of a notary who is suspected of committing malpractice in the process of making an authentic deed. In making the deed, it must be in accordance with the regulations of Law No. 2 of 2014 article 38 so that the deed becomes an authentic deed that has perfect proof. The summons of investigators must be through the Notary Honorary Council (MKN) can be carried out repressively because it is related to the application of article 66 paragraph (1) UUJN-P, namely in giving approval or refusal of requests for investigators who want to summon a Notary in the Judicial Process. The existence of the Notary Honorary Council (MKN) basically replaces the role of the Regional Supervisory Council (MPD) as the Legal Protection Agency for Notaries. aims to avoid arbitrary actions from investigators who want to summon a Notary in the trial. Law Enforcement Procedures for the position of a Notary in his Legal Protection who are suspected of committing Malpractice in the process of forming an Authentic deed through the Honorary Council as regulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 25 of 2020 concerning Duties and Functions, Terms and Procedures for Appointment and Dismissal , Organizational Structure, Work Procedure and Budget of the Notary Honorary Council 1) Submit a written application for those who feel disadvantaged or investigators to MKN. 2) The Chairperson of the Regional Notary's Honorary Council is obliged to provide an answer in the form of approval or rejection of the application within 30 (thirty) working days from the date of receipt of the application. Then if within that period of time no response is received, the Regional MKN is considered to have received a request for approval (Article 27 paragraphs 4 and 5)Keywords. Notary, Malpractice, Legal Protection..
Consequences Of Defense For The Parties In The Agreement To Surrender The Position Of General Chairman Of The Sukabumi Young Man Association Football Club 1928 (Study Decision Number 38/Pdt.G/2021/Pn.Skb) Sunardi, Sunardi; Rokhim, Abdul; Rizka Maulidina, Sonia
International Significance of Notary Vol 5, No 1 (2024): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v5i1.24401

Abstract

Abstract : Klup YMA 28 is a Klup in Sukabumi, but in advancing football the management borrowed money from a 3rd party and caused a lawsuit in court which was considered by one of the parties to be in default in handing over his position. This research is nurmative research and research results of legal consequences for parties who violate the agreement (default) handing over the position of general chairman of Yma Sukabumi Football Club 1928 based on decision number 38/Pdt.G/2021/Pn.Skb according to civil lawThe results of the author's analysis show that the agreement is legally valid, but does not meet the requirements for the validity of an agreement, namely the dictum regarding what was agreed in the Agreement Letter Number: 20190049/SMI/SP/X/2019 made by the Plaintiff and Defendant is something that is not clear, Is there an agreement regarding coaching money (article 3) or the issue of the position of general chairman (article 4) and in the agreement there is no article that explains the specific rights and obligations that must be fulfilled by the parties. However, the Mandate Letter Number: 20190058/MAN/SURMAN/X/2019 does not explain the object of the agreement in the mandate letter, what will be given by the Defendant as the first party and what will be obtained by the Plaintiff as the second party or not. explain the rights and obligations of the parties in the mandate letter. Apart from that, the Panel of Judges assessed that the agreement and mandate letter made between the Plaintiff and the Defendant did not have a clear or vague agreement object, so that the agreement and mandate letter did not fulfill the third requirement of Article 1320 of the Civil Code. So the lawsuit is deemed not to meet the requirements for the validity of an agreement so that the legal consequence is that the agreement is invalid and the defendant is obliged to return the construction money to the plaintiff because it is borrowed money. And the binding force of the agreement to hand over the position of general chairman of the YMA Sukabumi Football Club 1928 is linked to the principle of freedom of contract. with the management of the YMA football club in coaching and are free to contract with anyone, however, in making the terms of an agreement so that it is binding, the parties must be guided by article 1320 of the Civil Code and there are clauses regarding default and fulfillment of achievements and resolving disputes. So that if a dispute or dispute occurs, a judge can provide a sense of justice for those who desire it.Keywords, Agreement, Default, Court Decision,
Juridical Review of The Power Consent Act as Replacement of The Seller's Presence In The Act of Sale and Purchase Zastis, El Ha; Rokhim, Abdul; Sunardi, Sunardi
International Significance of Notary Vol 4, No 1 (2023): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v4i1.21768

Abstract

: Power of attorney is a necessity that cannot be avoided in the era of rapid economic progress in Indonesia today. People who will do a sale and purchase of land or property they have of course in good faith, then the sale and purchase must be done with a proof such as an authentic deed. An authentic deed can be obtained if a sale and purchase is carried out by and in the presence, of an authorized official, the land deed making officer (PPAT). Furthermore, if there are parties who cannot sign the AJB, then the power of Attorney becomes the easiest and most efficient solution. The seller who cannot attend an AJB submission in front of PPAT can authorize the person he trusts to act as a substitute for the seller signing the AJB and this can protect the legal interests of thebuyer as well. This study aims to review from sisi the juridical side regarding : (1) What are the legal consequences if the deed of sale and purchase (AJB) is signed by the donee based on the deed of consent of the seller? (2) What is the legal protection for the land deed-making officer (PPAT) who makes a deed of sale and purchase (AJB) signed by another person based on the power of Attorney agreement from the seller? This research method uses yuridis normative juridical approach using legislation and conceptual approach. The results of this study indicate that: first, juridically the deed of approval of the power of attorney used by the donee as a substitute for the presence of the seller is not in violation of the law and legitimate existence as long as its form is an authentic deed and is made in accordance with the provisions of the authentic deed, second, that is perfect evidence for legal protection for the PPAT, the existence of the power of Attorney approval deed and the making of AJB is true according to the authentic deed making protocol otentik. Keywords: Sale Deed and Purchase, Authority Approval Act, Land Deed Office
LEGAL DUE TO THE FOUNDATIONS ASSETS TRANSFER BEFORE MAKING ADJUSTMENTS TO THE ARTICLES OF ASSOCIATION Mauida, Nia; Rokhim, Abdul
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.23182

Abstract

The existence of foundations before the enactment of Government Regulation of the Republic of Indonesia Number 2 of 2013 concerning Amendments to Government Regulation of the Republic of Indonesia Number 63 of 2008 concerning the Implementation of the Law on Foundations has not been uniform regarding governancecits stance. Foundation establishment is still based on custom, doctrine and jurisprudence. For foundations that do not have the status of a legal entity, they can obtainlegal entity status by adjusting its articles of association by submitting an application to the Minister of Law and Human Rights no later than 1 (one) year from the date Law Number 28 of 2004 concerning Foundations came into effect. Foundations that were established before the enactment of Government Regulation Number 2 of 2013 and have not adjusted their articles of association may not transfer foundation assets.In this study, the type of normative juridical research uses a statutory approach, a comparative approach and a conceptual approach. The results of the study show that: first, the position of foundation assets before the enactment of Government Regulation Number 2 of 2013 is based on custom, jurisprudence and doctrine. While the position of foundation assets after the enactment of Government Regulation Number 2 of 2013 tercantum in Article 9 Paragraph (1) of the Law on Foundations which states that as initial assets the founder of the foundation is required to separate his assets and then hand them over to the foundation. Second, the legal consequences of transferring Foundation assets before making adjustments to the articles of association based on Government Regulation of the Republic of Indonesia Number 2 of 2013 refers to the provisions of article 71 paragraph (4) of the Law on Foundations, which states that a Foundation that does not adjust its Articles of Association cannot use the word " Foundation” in front of the name because legally, the status of a legal entity is not recognized formally, the consequence is that the transfer of foundation assets that is carried out becomes null and void (neitig van rechtswege) and is not recognized as a transfer of foundation assetsin a mannerlegal. Keywords: Legal Consequences, Transfer, Foundation Assets, Articles of Association
JURIDICAL ANALYSIS OF CONSTITUTIONAL COURT DECISIONS NO. 18/PUU-XVII/2019 RELATED TO THE "LEASING" ANnotATION CAN STILL WITHDRAW COLLATERAL Sunardi, Sunardi; Rokhim, Abdul; Nafta, Ijtihada Mahirata
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22170

Abstract

The Constitutional Court's decision regarding the withdrawal of goods by leasing must go through the courts. according to MK spokesman Fajar Laksnono who stated that the contents of the Constitutional Court's decision "... there may no longer be withdrawals of leasing goods directly to creditors,". In addition, it also contains, "If there is a breach of contract or default, the execution of the fiduciary guarantee cannot be carried out by the fiduciary recipient (creditor), but must submit an application to the District Court,". It is this decision that makes pros and cons and makes its own interpretation. Regarding the "leasing" annotation, you can still withdraw. 18/PUU-XVII/2019 Regarding the "Leasing" Annotation You Can Still Withdraw Fiduciary Guarantees. And the Legal Consequences of the Constitutional Court Decision Regarding Fiduciary No. 18/PUU-XVII/2019, can creditors still carry out direct execution of fiduciary guarantees? By using the normative juridical research method, the results of the Juridical Analysis of the Constitutional Court's Decision on Fiduciary No. 18/PUU-XVII/2019 Regarding the "Leasing" Annotation You Can Still Withdraw Fiduciary Guarantees. Withdrawal of Leasing Goods Must Go Through Court”. stated that the contents of the Constitutional Court's decision "... there may no longer be withdrawals of leasing goods directly to creditors,". In addition, it also contains, "If there is a breach of contract or default, the execution of the fiduciary guarantee cannot be carried out by the fiduciary recipient (creditor), but must submit an application to the District Court,". You Can Still Withdraw Fiduciary Guarantees as long as the execution is carried out based on Article 29, Article 30 and Article 31 of the Fiduciary Law and is subject to other relevant laws and regulations, including but not limited to POJK 035/POJK.05/2018. And the Legal Consequences of the Constitutional Court Decision Regarding Fiduciary No. 18/PUU-XVII/2019 That is, whether creditors can carry out direct execution of fiduciary guarantees. leasing in withdrawing fiduciary guarantees and changing the way to deal with problems arising from bad loans can be done in two ways, including the following: 1) Non Litigation 2) Litigation OJK has also issued regulations related to the execution of collateral objects by Financing Companies, including: 1 ) Based on the provisions of Article 21 to.d. Article 23 and Article 51 of the Financial Services Authority Regulation Number 29/POJK.05/2014 concerning the Conducting of a Financing Company Business, stipulate provisions concerning the imposition of fiduciary guarantees by Financing Companies. 2) Based on the provisions of Article 49 of the Financial Services Authority Regulation Number 30/POJK.05/2014 concerning Good Corporate Governance for Financing Companies, a cooperation mechanism has been set up between Financing Companies and other parties to perform the collection function to debtors.Keywords: Constitutional Court Decision, Leasing, Fiduciary Guarantee.
LEGAL CONSEQUENCES OF LOSS OF FIDUCIARY GUARANTEE OBJECT IN BANK CREDIT AGREEMENT Sadewo, Imron; Rokhim, Abdul
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.23198

Abstract

The banking industry is one of the important components in the national economy which aims to maintain a balance in the progress and unity of the national economy itself, the stability of the banking industry itself is very influential in overall economic stability as experienced from the occurrence of the monetary and banking crisis in Indonesia in 1998, With the existence of a guarantee agreement that was agreed at the beginning when the agreement was being held that the debitor must provide a fiduciary guarantee like  movable property such as a car, with this way the collateral object must exist so that with the collateral object (car), then this has been limited to other collateral objects such as immovable collateral objects such as certificates of houses, land and so on. The formulation of the problems to be discussed are (1) What are the legal consequences of the bank's credit agreement for the loss of the fiduciary guarantee object due to the negligence of the debtor? (2) What are the legal remedies taken by creditors for the loss of fiduciary collateral objects due to the debtor's negligence? The research method of this thesis uses normative research method, it means that the issues raised, discussed and described in this research are focused on applying the rules or norms in positive law. The problem approach uses a statutory approach and a conceptual approach with legal materials consisting of primary, secondary and tertiary legal materials. The research results show that: First, the legal consequences of the agreement for the loss of the fiduciary guarantee object due to the debtor's negligence is the credit agreement does not have a fiduciary guarantee, so that the debtor's position changes from a preferred creditor (prefent) with special material guarantees (fiduciary) to a concurrent creditor who does not have special material guarantees. Second, the legal remedies taken are (a) asking the debtor to immediately return the credit loan to the creditor as a responsibility for the collateral that has been lost; and/or (b) suing for compensation for lost fiduciary collateral objects based on article 1365 of the Civil Code Keywords: loss of objects of fiduciary guarantees, bank credit agreements
Co-Authors Abdullah Lawang, Karimuddin Abqoriyin Hisan, Ahmad Afandi, Heru Agus Sasmito, Agus Ahmad Basuki Ahmadiono, Ahmadiono Alimin Alimin, Alimin Aliyan, Adi Aprianto, Rizal Ara Hidayat, Ara Asyari, Fatimah Ayu Azizah Azhar, Faaris Ibnu Brilianti, Dani Fitria Dzulfikri, Dzulfikri Eva Agustina, Eva Evitmalasari, Meilana Fabrila, Virly Farahwati Fitria Brilianti, Dani Gita, Reka Dea HARIYANTO HARIYANTO Hasanah, Siti Nur Hafifatul Hendrayanto, S Roy Hidayat, Maxe Imron Isnaeni, Diyan Julhadi, Julhadi Keda, Yohanes Payong Lau, Elfreda Aplonia Legisnal Hakim Limsira, Patthara Marliana, Brian Fina Masrohatin, Siti Mauida, Nia Meryadinata, Geofani Lingga Misbach Fuady, Misbach Mohammad Insan Romadhan Mohammad Muhibbin Muhammad Syahrul, Fatahillah Muhibbin, M. Muhibbin, Muhammad Muinah Fadhilah, Muinah Mundzir, M. Afief Musari, Khairunnisa Nafis, Abdul Wadud Nafta, Ijtihada Mahirata Ni’mah, Iffatun Nurul Widyawati Islami Rahayu Parsidi Parsidi Popon Rabia Adawia Pratama, Hendi Yoga Purbawati, Purbawati Purnomo Hadi Rakhim, Muhammad Resky Resty, Ariska Jumai Rini Setiyowati Riskin Hidayat Riyadi, Rusman Rizka Maulidina, Sonia Sadewo, Imron Safitri, Gusti Heliana Sigit Riyadi Sofiyatun Sri Endayani, Sri Stefano, Andrew Sugiyarto Sugiyarto Sukindar, Sukindar Sunardi Sunardi Sunaryo Supadi Supadi Supadi Supadi Suratman Suratman Suryadi Suryadi Syamsiar, Syamsiar Tornado, Hendi Achmad Utami, Nofi Sri Wafda, Putri Nurayu Wahyu Eko Saputra, Wahyu Eko Wahyudi, Anyes Wardani, Muhammad Ari Wijaya Wicaksono, Moch.Yuris Wijaya, Abdur Rakhman Winarsoputri, Annisa Wijayanti Wiratamja, Novieyani Wulan, I Gusti Kencana Zarkasi, Zarkasi Zastis, El Ha Zuraida Zuraida