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All Journal Jurnal Jendela Hukum ADIL : Jurnal Hukum Jurnal Analisis Hukum Jurnal Abdiraja Collegium Studiosum Journal Innovative: Journal Of Social Science Research International Asia Of Law and Money Laundering (IAML) Journal of Progressive Law and Legal Studies Pancasila International Journal of Applied Social Science International Journal of Sociology and Law
Sjaifurrachman Sjaifurrachman
Fakultas Hukum Universitas Wiraraja
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Economics, Econometrics & Finance Education Energy Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Pergeseran Asas Publisitas Dalam Pendaftaran Tanah Pertama Kali Meidy Triasavira; Sjaifurrachman Sjaifurrachman; Imam Rofiqi
Jurnal Jendela Hukum Vol 9 No 2 (2022): JENDELA HUKUM
Publisher : Fakultas Hukum Universitas Wiraraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/fh.v9i2.2296

Abstract

Pemerintah Indonesia menyelenggarakan pendaftaran tanah di seluruh wilayah Negara Republik Indonesia yaitu ditandai dengan munculnya program Pendaftaran Tanah Sistematis Lengkap (PTSL) dengan tujuan untuk menjamin kepastian hukum. Akan tetapi dalam pelaksanaannnya terdapat perbedaan pengaturan jangka waktu pengumuman (publisitas) dalam pembuktian pemilikan tanah antara “Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah” dengan “Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nomor 6 Tahun 2018 tentang Pendaftaran Tanah Sistematis Lengkap (PTSL)”. Maka dari itu dilakukannya penelitian ini untuk mengetahui bagaimana akibat hukum dari pengumuman pendaftaran tanah pertama kali yang kurang dari ketentuan perundang-undangan dan bagaimana upaya hukum dari pemilik hak atas tanah apabila sertifikatnya dimohonkan oleh orang lain yang telah melewati proses pengumuman. Hasil penelitian menunjukkan bahwa akibat hukum dari perbedaan peraturan jangka waktu pengumuman (publisitas) pendaftaran tanah tersebut ialah kedudukan sertifikat yang diterbitkan dari kedua peraturan tersebut sah sebelum ada pembatalan hak dan putusan Judicial Review, sedangkan dampak dari jangka waktu pengumuman (publisitas) perbedaan pengaturan yang lebih pendek tersebut ialah mengenai hilangnya hak subjek hukum lainnya. Pembatalan hak ada dua jenis yaitu karena cacat hukum administrasi dan karena putusan peradilan yang berkekuatan hukum tetap (inkracht).
MANAGEMENT OF VILLAGE FUNDS IN HANDLING THE IMPACT OF COVID-19: A REVIEW OF GOOD GOVERNANCE IN LEGAL CONTEXT Kristiyono, Feri; Sjaifurrachman, Sjaifurrachman; Zeinudin, Moh.
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.908

Abstract

The Village Funds are utilized to finance the administration of government, development, community empowerment, and societal activities, with the primary focus during this pandemic being on financing community development, empowerment, and Covid-19 response for rural areas. This practice is regulated by the Indonesian Minister of Finance Regulation Number 222/PMK.07/2020 and implemented with the principles of Good Governance. The research employs a juridical-normative research method to examine two legal issues: whether the reallocation of Village Funds (DD) for Covid-19 response complies with Good Governance principles, and the legal implications of relocating Village Funds (DD) for Covid-19 response if not in line with Good Governance principles. The research aims to analyze the compliance of the Village Funds' reallocation for Covid-19 response with Good Governance principles and evaluate the legal consequences if not adhered to. The findings indicate that the reallocation of Village Funds (DD) for Covid-19 response aligns with Good Governance principles. The usage of these funds for Covid-19 handling is regulated by Permendes No. 11/2019 concerning the Utilization of Village Funds 2020, along with various other regulations, including Perppu No. 1 of 2020, Perpres No. 54 of 2020, and PMK No. 40/PMK.07/2020. However, if the reallocation of Village Funds (DD) does not adhere to Good Governance principles, it may lead to serious legal consequences. In accordance with Permendagri No. 113 of 2014 concerning village financial management, misuse of Village Funds during the Covid-19 pandemic is prohibited and may result in administrative sanctions, such as verbal or written warnings, or even dismissal, in accordance with Law No. 31 of 1999.
Legal Protection for Carriers of Keris as Cultural Heritage Objects for the Development of Keris Cultural Progress: Analysis of Decision Number 94/pid.sus/2013/PN.Smp Sjaifurrachman, Sjaifurrachman; Fithry, Abshoril
Journal of Progressive Law and Legal Studies Том 2 № 02 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i02.686

Abstract

Sumenep is now beginning to reveal its identity to the people of Indonesia, with its new motto "Sumenep City of Keris." This motto is being introduced to the public to introduce the culture of the city. However, it is regrettable that the opportunity for the keris industry in Sumenep Regency cannot contribute positively to the economic welfare of the population there, due to the lack of support from the Sumenep Regency Government in making policies, which is still insufficient. The sensitivity of local governments is currently being tested, especially with the existence of Emergency Law Number 12 of 1951 in Indonesia. After Sumenep City declared itself a city of keris, it is feared that many people will need legal protection if they want to carry heirloom items such as keris in the future. Researchers consider this emergency law to be outdated or obsolete because it no longer fits the current situation and conditions.
Urgency of Legal Protection for Religious Scholars in Articles on Blasphemy from the Perspectives of Criminology and Victimology Fithry, Abshoril; Sjaifurrachman, Sjaifurrachman
Journal of Progressive Law and Legal Studies Том 2 № 02 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i02.687

Abstract

The urgency lies in the ambiguous definition, which allows this article to be interpreted in various ways and potentially forces anyone into the realm of criminal law. This is found in Article 156a, which states that anyone who deliberately expresses sentiments or performs acts essentially hostile, abusive, or blasphemous against a religion practiced in Indonesia shall be punished with imprisonment for a maximum of 5 years in public. The phrase "in public" is the subject of debate and could render the article ambiguous, allowing it to be used to target anyone desired to fulfill the criteria. The purpose of this research is to prevent the continued use of this ambiguous article for personal or group interests, and to stop the criminalization of speakers using this provision.
Role of Sumenep Community Related Development of Culture-Based Tourism in Sumenep Regency Sjaifurrachman, Sjaifurrachman; Fithry, Abshoril
Pancasila International Journal of Applied Social Science Том 2 № 02 (2024): Pancasila International Journal of Applied Social Science
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/pancasila.v2i02.695

Abstract

Sumenep is currently beginning to reveal its identity to the people of Indonesia, with its new motto Sumenep City of Keris. This motto is being promoted to the community to introduce the culture of the city. However, it is unfortunate that the opportunity of the keris industry in Sumenep Regency cannot provide a positive contribution to the economic welfare of the population in Sumenep Regency, mainly due to the lack of support from the Sumenep Regency Government in formulating policies, which is still not optimal. The sensitivity of the local government is indeed being tested, especially with the existence of Republic of Indonesia Emergency Law Number 12 of 1951. After Sumenep City declared itself as the city of keris, it is feared that there will be many people who will need legal protection if they want to bring heritage items such as keris in the future. This emergency law is also considered outdated or obsolete by researchers because it no longer suits the current situation and conditions. In this study, the researcher used normative research methods with legislative approach and case approach. The legal materials used are primary and secondary legal materials using descriptive analysis techniques, systematic techniques, and argumentation techniques. The goal is for the local government to educate and introduce the Culture and Local Wisdom in Sumenep Regency to the elements of the community, and for the people of Sumenep Regency to develop tourism based on Culture and Local Wisdom in Sumenep Regency.
Legal Protection in Consumer Dispute Resolution: Independence of the Financial Services Authority (OJK) Abdillah, Riad; Sjaifurrachman, Sjaifurrachman; Prakoso, Abintoro; Dwi Hastri, Evi
International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v3i2.87

Abstract

The progress of the national economy is influenced by financial services. The Financial Services Authority (OJK) as an independent institution that is responsible and plays an important role in supervising and regulating management in the financial services sector, is committed to providing legal protection guarantees for consumer rights. The normative legal research method using a statutory approach and this concept approach shows the results that the Financial Services Authority (OJK) has used the concept of Alternative Dispute Resolution (ADR) as part of pseudo/quasi by establishing an Alternative Dispute Resolution Institution based on OJK Regulation Number 61/POJK.07/2020 of 2020 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector as a follow-up step taken to provide legal protection to consumers in the financial services sector in regulating and resolving disputes or complaints. In addition, the independence of the Financial Services Authority (OJK) has guaranteed in protecting consumers in the financial services sector with the issuance of OJK Regulation Number 6/POJK.07/2022 of 2022 concerning Consumer and Public Protection in the Financial Services Sector.
KEDUDUKAN HUKUM PANTI ASUHAN SEBAGAI WALI DARI ANAK DIBAWAH UMUR Sari, Hanita; Sjaifurrachman, Sjaifurrachman; Rofiqi, Imam

Publisher :

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v11i1.3501

Abstract

The Civil Code does not allow a legal entity to be the guardian of a minor child, but in other provisions in law regulation no. 35 of 2014 concerning child protection allows for the implementation of guardianship by legal entities. So it is necessary to question the legal position of the orphanage as guardian of minors and the responsibility of the orphanage as guardian of the assets of minors. The purpose of writing this thesis is to describe the legal position of orphanages as guardians of minors and to explain the responsibilities of orphanages as guardians of the assets of minors. The research method used in writing this thesis is to use a normative juridical research type which uses legislation such as the Civil Code and the Child Protection Law as the main reference. The research approach used is the statutory approach. The types and sources of law used are primary legal materials and secondary legal materials. The first discussion concerns the position of an orphanage as guardian of a minor when there is a court order that the orphanage has the right to take care of the child's personal care. Next, the second discussion concerns the responsibilities of orphanages in fulfilling their obligations as guardians of the assets of minor children. It can be concluded that when guardianship is implemented in an orphanage without a court order, the orphanage is only carrying out its role as a child social welfare institution. Regarding responsibility for children's assets, there must be special supervision from an institution so that there is minimal chance of guardians misappropriating children's assets.
HAK ATAS TANAH ADAT DI SUMENEP: PERALIHAN KEPEMILIKAN DARI KERAJAAN KEPADA SUBYEK HUKUM PERSEORANGAN Murniati, Sri; Suhartono, Slamet; Sjaifurrachman, Sjaifurrachman
Collegium Studiosum Journal Vol. 7 No. 2 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i2.1394

Abstract

The ownership of Percaton Asta Tinggi land is governed similarly to other types of land ownership. If individual ownership is not recognized, the land is considered state property under the state's full control. This situation reflects a legal vacuum, creating ongoing issues due to the lack of a clear legal framework for ownership and authority over the land. This study examines the management, ownership, status, and authority concerning Percaton Asta Tinggi land. Findings reveal that the land is managed by the Somala Addition Foundation, with control entrusted to the guardians of Asta Tinggi as managers and custodians, as specified by a specific decree. The land is registered under a use-rights certificate, granting the foundation authority to manage the land based on the Regent's Decree. The decree restricts the land's purpose solely for management and benefit utilization, prohibiting personal ownership or sale. While land transfer registrations follow standard procedures, the registration of Percaton Asta Tinggi land is deemed invalid and nullified when intended for sale. This study underscores the need for a legal framework to address the specificities of managing and transferring rights over Percaton Asta Tinggi land.
ANOMALI PENGATURAN DIMENSI KENDARAAN BERMOTOR Ibadhillah, Dwi; Sjaifurrachman, Sjaifurrachman; Fithry, Abshoril

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4218

Abstract

Norm Conflict is a situation where a norm has been made but contradicts or is not in accordance with other legal norms. In the legal system, norm conflict is a situation where in one regulatory object there are two conflicting norms so that against the regulatory object, only one of the norms can be applied with the consequence that the other norm must be ruled out. The purpose of this research is to clearly know the legal consequences of the anomaly in the regulation of the dimensions of motorized vehicles and to clearly know the resolution of the anomaly in the regulation of the dimensions of motorized vehicles. The type of research used in this research is normative juridical research. As for the results of this study, anomalies in the regulation of the dimensions of motorized the provision of administrative sanctions and criminal sanctions, and the settlement of anomalies in the dimensions of motorized vehicles can be resolved using 3 principles, namely: The principle of lex superior derogat legi inferiori, the principle of lex posterior derogat legi priori, and the principle of lex specialis derogat legi generali, Of the three principles mentioned above, the most suitable for the problem is to solve it with the principle of lex superior derogate lex inferior because this principle means that higher rules override lower rules and are the authority of the Supreme Court.
Legal Consequences of the Non-Functioning of Contradictoire Delimitatie in the Systematic Land Registration Program (PTSL) Andry Rudiman; Made Warka; Sjaifurrachman Sjaifurrachman
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.713

Abstract

Measurement is a crucial initial step in the land registration process, as stipulated in Article 19 paragraph (2) letter a of the Basic Agrarian Law (UUPA). Article 17 of Government Regulation No. 24 of 1997 on Land Registration emphasizes that measurements must be supported by physical data and boundary arrangements based on the agreement of adjacent landowners. One key principle in this process is the contradictoire delimitatie principle, which requires the presence of interested parties during the determination of land boundaries. This thesis aims to analyze the function of contradictoire delimitatie in the measurement results of the Complete Systematic Land Registration Program (PTSL), as well as to examine the legal consequences if this principle is not implemented. The study is expected to contribute to the development of legal knowledge in the field of land affairs and serve as a reference for academics, legal practitioners, judicial institutions, law enforcement officials, and land authorities. In practice, if the subject of a land parcel is unknown, information is obtained from neighboring landowners, community leaders, or relevant officials, and recorded in the Measurement Sketch (Gambar Ukur or GU). If boundary agreements have not been reached, dotted lines are used to indicate temporary boundaries. When the Work Map is attached to the GU, the landowner or their representative may sign it as a form of boundary agreement. The absence of the contradictoire delimitatie principle hinders the measurement process, map creation, land registration, and issuance of land rights certificates. Furthermore, unclear or poorly maintained boundaries often lead to overlapping claims and disputes in the field.
Co-Authors Abdillah, Riad Abintoro Prakoso, Abintoro Abshoril Fithry Abshoril Fithry Abshotil Fithry Alisyah Early Fajrin Andry Rudiman Anna Martina Anggitasari Bachtiar, Mochamad Anam Dwi Hastri, Evi Herowati Poesoko, Herowati Himayatul Amanah Ibadhillah, Dwi Imam Rofiqi Imam Rofiqi Jony Fauzur Rohmad Kristiyono, Feri Made Warka Made Warka, Made Meidy Triasavira Moh. Zeinudin Nuril Hidayati, Syarifa Sari, Hanita Slamet Suhartono Slamet Suhartono Sri Murniati, Sri Wardani, Ratna Sri Zainuri Zainuri, Zainuri