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Maman Suparman
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Journal : Hukum dan Demokrasi (HD)

 1 
Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah Kepada Istri yang Non Muslim Berdasarkan Putusan Mahkamah Agung Nomor 16k/Ag/2010 Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 4 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i4.34

Abstract

The problem of Islamic inheritance law is very broad and complex, because it covers the scope of human life and society, from the problems of unborn children to death, so it is impossible to reveal the whole. In one family, if there are several adherents of different religions, namely some who are Muslims and some who are non-Muslims, of course problems will arise, especially problems involving inheritance if one of the family members dies. Regarding inheritance from different religions, Legal Compilation Islam (KHI) does not explicitly state that religious differences are a barrier to inheritance. According to the Fatwa of the Indonesian Ulema Council in number 2, that the gift of property between people of different religions can only be done by means of a gift, will or gift, however, if the heir during his lifetime does not provide the assets are in the form of bequests, wills or gifts, but the Fatwa does not regulate that heirs of different religions can be given the heir's inheritance by means of a Compulsory Will.
Perlindungan Hukum terhadap Pembeli yang Beritikad Baik terkait Jual Beli Tanah Dan Implikasinya: Studi Kasus Putusan Mahkamah Agung, Nomor: 2943/K/Pdt/2016 Pandji Pratama; Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.89

Abstract

Buying and selling issues cannot be separated from people's daily lives and good faith in buying and selling is an important factor so that buyers who have good intentions will receive reasonable legal protection according to applicable laws and regulations. Good faith in buying and selling is closely related to buying and selling land, because in national development the role of land is very important. So a problem arises, what is the position of buyers who have good intentions in buying and selling land carried out by PT. JASA MARGA (Persero) and what is the position of the holder of land rights obtained by a legal entity. In this research, normative juridical research methods were used. Position of PT. JASA MARGA (Persero) in the sale and purchase of a plot of land based on SHM No. 3147 in the name of Dewi Astuti, namely as a buyer in good faith. Even though in the sale and purchase the object being traded was legally defective because the certificate was issued based on a fake document which resulted in the objective conditions of an agreement not being fulfilled. But because PT. JASA MARGA (Persero) has been proven to be a buyer in good faith, therefore must receive legal protection based on applicable laws and regulations. Legal consequences for ownership of land rights obtained by PT. JASA MARGA (Persero) based on the transfer of rights between Dewi Astuti and PT. JASA MARGA (Persero) is invalid. Because PT. JASA MARGA (Persero) as a legal entity cannot have ownership of land rights in the form of property rights. Legal entities can only control land with a right, a right as in Article 30, Article 36 and Article 42 of UUPA Number 5 of 1960, namely Business Use Rights, Building Use Rights and Use Rights
Analisa Yuridis atas Pelaku Tindak Pidana Penggelapan Ditinjau dari Pasal 372 Kitab Undang-Undang Hukum Pidana Zulkipli; Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 25 No 1 (2025): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v25i1.93

Abstract

Especially regarding embezzlement, which is regulated in chapter XXIV, article 372 to article 377 of the Criminal Code as follows "Anyone who deliberately and illegally belongs to something that is wholly or partly owned by another person, but who is in his power not because of a crime, is threatened with embezzlement. , with a maximum imprisonment of four years or a maximum fine of nine hundred rupiahs ”. The methodology used in this study is a normative juridical legal approach. Normative research or also known as literature law research, is "legal research conducted by examining library materials, both written in the book (law as it is written in the book), as well as the law decided by a judge through a court process. Normative legal research is based on secondary data and emphasizes speculative-theoretical steps and normative-qualitative analysis. Normative legal research is research that uses methods that refer to the legal norms contained in statutory regulations and court decisions related to corruption.,
Pertanggungjawaban Notaris terhadap Akta Otentik yang Dibuat Dihadapannya: Studi Kasus Putusan Nomor 247/Pdt.G/2021/Pn Ckr Suparman, Maman; Sudirman, Dodi
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i3.64

Abstract

Notaries in carrying out their duties and responsibilities are required to always apply the principle of caution, this is intended so that notaries can provide the best service to the public, and also notaries who do not apply the principle of caution can be subject to sanctions. The large number of notaries makes the competition among notaries increasingly tight and sometimes makes notaries less careful in carrying out their profession. Therefore, the emergence of this journal as an effort to discuss the main issue, namely how the accountability of a Notary towards authentic deeds made by or in front of them. The type of research used in this study is normative juridical, which is a research method by examining and analyzing secondary data. The research results show that authentic deeds as products of Notaries have very strong legal force as evidence in court, therefore the preparation of authentic deeds must be accountable if there are errors in their writing. Thus, the making of authentic deeds must be accountable.
Perlindungan Hukum terhadap Pembeli yang Beritikad Baik Terkait Jual Beli Tanah dan Implikasinya: Studi Kasus Putusan Mahkamah Agung, Nomor 2943/K/Pdt/2016 Suparman, Maman; Pratama, Panji
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i3.65

Abstract

The issue of buying and selling cannot be separated from everyday community life, and good intentions in buying and selling are crucial factors. This ensures that buyers with good intentions will receive legal protection in accordance with applicable laws and regulations. Good intentions in buying and selling are closely related to land transactions, as land plays a vital role in national development. This raises the question of the position of buyers with good intentions in land transactions carried out by PT Jasa Marga (Persero) and the position of legal entities acquiring land rights. This study uses a normative juridical research method. The position of PT Jasa Marga (Persero) in the purchase of a piece of land under SHM Number 3147 in the name of Dewi Astuti is seen as a buyer with good intentions. Despite the legal defect in the object of the transaction due to the issuance of a certificate based on a fake document, which fails to meet the objective requirements of an agreement, PT Jasa Marga (Persero) is considered a bona fide buyer. Therefore, they should receive legal protection under the prevailing laws. The legal consequences of the ownership of the land acquired by PT Jasa Marga (Persero) through the transfer of rights between Dewi Astuti and PT Jasa Marga (Persero) are invalid. As a legal entity, PT Jasa Marga (Persero) cannot have ownership rights to land in the form of full ownership; a legal entity can only have land rights under certain conditions, such as the Right to Cultivate, Right to Build, and Right to Use as stipulated in Article 30, Article 36, and Article 42 of UUPA Number 5 of 1960.
Pembatalan Putusan Badan Arbitrase Nasional Indonesia Berdasarkan Pasal 70 Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa Ditinjau dari Sifat Final dan Mengikat: Studi Kasus Putusan Nomor: 104 B/Pdt.Sus-Arbt/2019 Diah Yulinda wulandari; Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 4 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i4.75

Abstract

The application of the provisions of Article 70 of Law Number 30 of 1999 has resulted in inconsistent interpretations and no firm rules. On the other hand, BANI's decision is final and binding. However, it is not uncommon for parties who are dissatisfied with the arbitration award to file a lawsuit to annul the BANI decision to the district court. This legal research is classified as normative juridical research which aims to examine legal certainty based on literature studies (documents or library research), case approaches, and applicable positive law. The results of this thesis research show that the cancellation of BANI's decision through Decision Number: 104 B/Pdt.Sus-Arbt/2019 was based on allegations that it contained elements contained in Article 70 of Law Number 30 of 1999, namely that after BANI's decision was taken, documents were found that decisive, which was deliberately hidden by Shimizu Corporation and PT. Hutama Karya. Thus, the annulment of the BANI decision Number 854/V/ARBBANI/2016, clearly and clearly includes the reasons for the cancellation of the arbitration award and the judge's considerations regarding the annulment of the BANI Decision through Decision Number: 104 B/Pdt.Sus-Arbt/2019, of the opinion that the claim proposed by Shimizu Corporation and PT. Hutama Karya to BANI, it was proven that there were several documents that were not submitted by Shimizu Corporation and PT. Hutama Karya, however, if the document is submitted, BANI's decision will be different or at least it will not grant the demands of Shimizu Corporation and PT. Hutama Karya in whole or in part, in this case, includes claims regarding fluctuations in the rupiah exchange rate.
Co-Authors Adi Ganda Putra Anda Lusia, Anda Andi Achmad Zulkarnaen Diah Yulinda wulandari Fahlevie, Rinaldi Agusta Hengki Siahaan Herman, KMS Hery Widijanto Mukhfid Nanang Herdiana Nurmawati, Bernadete Pandji Pratama panji pratama Sahwalita Sahwalita Sudirman, Dodi Toto Triantoro Wahyuni Damayanti Zaenal Arifin