Sri Endah Wahyuningsih
Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang

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The Authority of Police in Implementation of Restorative Justice in Framework of Enforcement of Criminal Actions in Indonesia Arif Khoirul Umam; Sri Endah Wahyuningsih; Achmad Sulchan
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.9-18

Abstract

This study aims to identify and examine the authority of the Police in the application of restorative justice in the context of law enforcement of criminal acts in Indonesia. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data, which was then analyzed qualitatively. Based on the research, it is concluded that the authority of the Police in the application of restorative justice in the context of law enforcement of criminal acts in Indonesia is based on the provisions of Article 16 paragraph (1) letter l, Article 16 paragraph (2) and Article 18 of Act No. 2 of 2002 which is known as Police discretionary terms. Based on this authority, the Police may act on the basis of their own discretion and judgment in carrying out the functions of the Police. To ensure uniformity in the implementation of restorative justice within the Police, the Republic of Indonesia National Police (Polri) Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice was issued. The handling of criminal acts based on restorative justice by the Police based on Police Regulation Number 8 of 2021 must meet general and special requirements. The general requirements apply to the activities of carrying out the criminal investigation, investigation, or investigation functions, while the special requirements only apply to criminal acts based on restorative justice in investigative or investigative activities. Besides that,
The Implementation of Partial Roya after Regulation of Minister of Agrarian & Spatial Planning Muhammad Iqbal al Hakiem; Sri Endah Wahyuningsih; Dahniarti Hasana
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.735 KB) | DOI: 10.30659/sanlar.3.4.1436-1450

Abstract

This study aims to determine and analyze the authority of a Notary/PPAT in the implementation of partial roya after the enactment of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 5 of 2020 concerning Electronically Integrated Mortgage Services. This research method uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a Notary/PPAT has an important role in the implementation of partial roya in the city of Semarang. The authority of the Notary/PPAT is the making of a credit agreement deed with a partial roya agreement, a roya concession deed if the mortgage certificate is lost, creation and registration of APHT with partial roya agreement and submission of roya application against conventional Mortgage Rights. Notaries/PPATs in carrying out their authority must comply with the applicable laws and regulations to ensure legal certainty. The implementation of partial roya at BPN Semarang City is currently divided into two, namely conventionally and electronically. The implementation of partial roya at BPN Semarang can be done without the need for prior agreement in the APHT. Partial roya on part of the result of splitting the parent certificate which is encumbered with Mortgage Rights can be made at BPN Semarang City on condition that it must be agreed upon by the creditor and debtor. The conclusion is implementation of partial roya using the electronic Mortgage system provides more benefits in terms of convenience and time efficiency.
Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce Akrimni Nur Zakiyyah; Sri Endah Wahyuningsih
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (764.054 KB) | DOI: 10.30659/sanlar.3.4.1342-1352

Abstract

The existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a notary in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.
The Implementation of Compensation for the Rest of the Land in Land Procurement for the Construction of Public Facilities Uslifatul Jannah; Sri Endah Wahyuningsih
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.379-395

Abstract

This study aims to find out and analyze the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, as well as to find out and analyze the obstacles and solutions in the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in the Regency. Bogor. This research method uses a sociological juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1) The implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, namely the implementation of the construction of the Bogor Outer Ring Road (BORR) as a whole has not been carried out optimally because there is still land that has not been paid for with various kinds of problems. . Until the end of this research, there are still 36 (thirty six) of the 171 (one hundred and seventy one) remaining land parcels that have not received compensation, namely the remaining land parcels located in Cibadak Village and Kayu Manis Village; 2) Implementation of compensation for the remaining land there are several obstacles that hinder the implementation, namely obstacles from the community which include objections to the amount of compensation, objections to the provisions on the area of the remaining land parcels to be compensated, and the application for compensation for the remaining land which is not done collectively. Meanwhile, the obstacle from the government is that there is a legal vacuum regarding the compensation mechanism for the remaining land which has an area of more than 100 m2.