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All Journal Law Development Journal Sultan Agung Notary Law Review
Achmad Sulchan
Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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 Position of Debtor Legal Protection for Bankruptcy of Separatist Creditors Herman Yusuf; Achmad Sulchan; Umar Ma'ruf; R. Sugiharto
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 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.3.2.705-714

Abstract

The position of the debtor who is bankrupted by the preference rights of the creditor results in injustice, especially in terms of the legal protection of the debtor. The revision of Act No. 4 of 1998 to Act No. 37 of 2004 contained a conflict of norms in it. The purpose of this research is to analyze and find out: 1).Implementation of debtor legal protection against bankruptcy carried out by current separatist creditors. 2). Factors that affect the implementation of legal protection for debtors against bankruptcy carried out by separatist creditors. 3) Implementation of legal protection for debtors for bankruptcy carried out by separatist creditors. The approach method in this research was normative juridical. The data used was secondary data obtained through literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1) The implementation of debtor legal protection for bankruptcy carried out by separatist creditors currently as intended by Article 55 and Article 56 of Act No. 37 of 2004 has not been fair to debtors, considering that the two articles are only based on the existence of debt from the debtor and related to the position of the solvent or insolvency based on the view of the creditor alone. This is clearly the case because Act No. 37 of 2004 does not adhere to a balance sheet test system where before being declared bankrupt it is necessary to test the condition of the debtor whether it is really insolvent or actually still solvent. 2) Factors influencing the implementation of debtor legal protection for bankruptcy carried out by separatist creditors are legal factors, namely the existence of provisions in Article 55 and Article 56 of Act No. 37 of 2004 which are unfair to debtors, legal implementation factors are in the form of a culture judges as mouthpieces of the law even though it is well known that the door to justice in bankruptcy cases is the judge's decision. 3) Implementation of debtor legal protection for bankruptcy carried out by separatist creditors which should be in order to realize protection for debtors related to the execution of parate by creditors, it is necessary to renew the concept of bankruptcy law in Indonesia. 
Legal Assurance Analysis in Disputes Settlement of Rights Transfer to Land Due to Waqf Kusuma Kusuma; Achmad Sulchan
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 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 (770.835 KB) | DOI: 10.30659/sanlar.3.2.470-483

Abstract

The purpose of this research is to find out and analyze: 1). Implementation of the registration of the transfer of ownership of land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency. 2). Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf. 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf in Madiun Regency. The approach method in this research is empirical juridical, namely research that focuses on individual or community behavior in relation to the law. The data used are primary and secondary data obtained through interviews and literature study, while the data analysis method is done by qualitative descriptive analysis. The results of the research concluded: 1) Implementation of the registration of transfer of ownership rights to land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency, namely for land that has not been certified, the documents are equipped such as the Waqf Pledge Deed, photocopy of ID card/KK, photocopy of ID card/right owner identity, certificate of land history, statement of physical possession, power of attorney for application, photocopy of land and building tax, proof of title/proof of ownership, certificate of non-dispute and letter of approval of Nadzir, while for land registration that has been certified, the completeness of the documents required is the Deed of Waqf Pledge, certificate of land rights, photocopy of the applicant's ID card/KK Photocopy of the right owner's ID card/KK, application letter, statement of waqf grace period, Nazhir approval letter, statement of non-disputed land, a statement that the land/building is physically controlled, and proof of SSP/PPH. 2) Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf in Madiun Regency, namely there are still some people who are still reluctant to take care of waqf land certificates, because of the assumption that the waqf land certification process requires very expensive costs, the solution made by the government is to carry out socialization and outreach activities to the community 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf is based in Madiun Regency, namely if there is a dispute regarding the property that has been waqf, then the lawsuit is submitted to the competent Religious Court. However, the law allows the settlement of waqf disputes to be settled out of court, as described in Article 62 of Act No. 41 of 2004 concerning Waqf by prioritizing settlement through deliberation.
Implementation of Complete Systematic Land Registration Fee (PTSL) Determination at City/District Level Ardo Yoga Pradana; Achmad Sulchan
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 (799.827 KB) | DOI: 10.30659/sanlar.3.4.1178-1192

Abstract

This study aims to examine the policy for setting a Complete Systematic Land Registration (PTSL) fee at the central government level and the implementation of a Complete Systematic Land Registration (PTSL) fee determination at the Regency/City level. The research method in this thesis uses a normative juridical method and the research specification is descriptive analysis with the type of data based on primary and secondary data. Based on the results of observations and studies of laws and regulations related to the object of research, it shows that the PTSL costing policy has been regulated by the central government through a Joint Decree of 3 Ministers in which PTSL costs are categorized according to the region. Local governments in determining policies related to PTSL costing, their implementation must still refer to central policies so that policy synchronization continues. Regions that set costs in accordance with the SKB rules can immediately socialize the implementation of PTSL. Meanwhile, regions that determine the costs of PTSL themselves, through a policy-making mechanism and their determination must be regulated in writing through regional/village regulations. Suggestions from the results of this study. The implementation of PTSL needs to be socialized more massively, the government must ensure that there are no illegal fees, and if there are costs that exceed the provisions, a written determination is made and socialized to the public.
Co-Authors Ardo Yoga Pradana Arif Khoirul Umam Herman Yusuf Kusuma Kusuma R. Sugiharto Sri Endah Wahyuningsih Umar Ma'ruf