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The Substantial Form of Legal Products for the Implementation of Criminal Justice during the Covid-19 Pandemic Tri Margono Budisusilo; Amin Purnawan; Siti Ummu Adillah
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.255-262

The purpose of this paper is to examine and analyze the study and analysis of the substantial form of legal products for the implementation of criminal justice during the Covid-19 pandemic. This research used a normative juridical method. The conclusion of this research is the Supreme Court issued Circular Letter No. 1 of 2020 concerning Guidelines for the Implementation of Duties During the Prevention of the Spread of Corona Virus Disease 2019 (COVID-19) within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Under it. This letter evaluates and revokes the Circular Letter of the Secretary of the Supreme Court of the Republic of Indonesia Number 1 of 2020 concerning Adjustment of the Work System of Judges and Judicial Apparatuses in Efforts to Prevent the Spread of COVID-19 within the Supreme Court of the Republic of Indonesia and the Judicial Bodies Below, which was issued on March 17, 2020.

Juridical Overview of the Use of Smart Contracts in Indonesia as a Form of Artificial Intelligence Development Muhammad Rizqon Baihaiqi; Siti Ummu Adillah; Dahniarti Hasana
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.4.1.111-123

Apart from the problems in terms of data security in the midst of blockchain-based business development in Indonesia, it turns out that another problem in smart contracts is that the use of Smart Contracts in Indonesia is actually still a discourse among legal experts regarding the validity of smart contracts. The aims of this research are: a) To find out and analyzeimplementation of the use of smart contracts in Indonesia; b) To know and analyzeobstacles in implementing smart contracts in Indonesia and their solutions; c) To know and analyzelegal remedies that can be taken in the event of a dispute between the parties in the smart contract; d) To find out examples of deeds inthe use of smart contracts in Indonesia as a form of artificial intelligence development." Researchers used normative research specifications with secondary data sources. Stages to find the target, then used the approach through legislation (statute approach). The results were juridical review of the use of smart contracts in Indonesia based on Article 1320 of the Civil Code.Article 1338 of the Civil Code explains that “all agreements made legally valid as law for those who make them”. One of the uses of smart contracts on Ethereum. Thereuem's smart contract has the name ERC20.Article 3 Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Crypto Assets on the Futures Exchange, Bitcoin which can be traded on the Futures Exchange.Barriers to implementing Smart Contracts in Indonesia and their solutionsimplementing ISO-based Information Security Management or the simplest following the National Institute of Standards and Technology (NIST) framework. ISO 27001:2013 is the latest ISO 27000 series released in 2013. ISO 27001:2013.Article 30 Paragraph (3) in conjunction with Article 40 Paragraph (3) of Act No. 1 of 2008 concerning Information and Electronic Transactions.

Transfer Juridical Review of Rental Object Function in A Rental Agreement to Rent a Shop House (Ruko) based on the Good Faith Principle Semiyanto Semiyanto; Siti Ummu Adillah; Maryanto Maryanto; Lathifah Hanim
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.4.1.102-201

The purpose of this study was to find out the juridical review regarding the transfer of the function of the object of the shop house rental based on the principle of good faith. The research methodology used is normative juridical with secondary data sources. The results showed that the standard of good faith in the shop house rental agreement (ruko) was carried out before and after the implementation of the agreement. Prior to the implementation of the agreement in the form of honesty and openness, while the objective of good faith in the lease agreement is the fulfillment of achievements in the implementation of the agreement. Regarding the transfer of the function of the object for renting a shop house (ruko) to other than the original purpose, which was legally agreed upon, the Civil Code does not explicitly regulate but the transfer of the function of the object for renting a shop house (ruko) can be seen in the provisions of Article 1560 of the Civil Code where the tenant is obliged to maintain and care for the rented house properly. . Then in Article 1561 of the Civil Code that tenants are prohibited from using the leased object for purposes other than its purpose. These two provisions serve as points for interpreting that the transfer of the object of lease that causes damage is not permitted. 201/Pdt.G/2015/PN Dps regarding the judge's interpretation of the existence of a default in the dispute over the object of the lease from which losses arise due to the use of a shop house (ruko) outside the agreement.

Legal Protection of Land Rights Certificate Holders in Certificate Blocking Event by Land Office Edi Mulyanto; Siti Ummu Adillah
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The certificate is a certificate of proof of rights that applies as a strong means of proof regarding physical data and juridical data, and this evidence is not the only evidence, only strong evidence. This research uses sociological juridical. Sociological juridical research identifies and conceptualizes law as a real and functional social institution in a real life system. This study comes in: 1) Blocking Defects in Article 1 point (1) of the Regulation of the Minister of ATR/Head of BPN Number 13 of 2017 about the procedure for blocking and confiscation is an administrative action of the Head of the Land Office or an appointed official to determine the status quo (freezing) on temporary land rights against changes to land law. 2) The state should protect the holder of the Land Rights Certificate because of the good faith of the holder and the state's decision to issue a certificate as proof of land rights which the state should not cancel without compensation. 3) Blocking that is not in accordance with Permen ATR/Ka.BPN 13 of 2017 about the procedure for blocking and confiscation does not only result in legal certainty not being realized, but also causes losses for the owner of the blocked certificate, both material and immaterial losses. Blocking cases has the potential to cause financial losses to the owner of the blocked certificate. Due to the block, the owner cannot access his land certificate. 4) Obstacles to land rights holders in the registration of the block because the land rights are disputed and confiscated by the Court or a dispute outside the court, the Land Rights are confiscated by PUPN/KPKNL in connection with the settlement of state receivables, so the parties are requested by the Head of the Land Office for blocking. The legal consequences for the owner of the certificate for blocking the Certificate of Land Rights at the Land Office are that the land is temporarily unable to take legal action and also the Land Office has the authority to refuse the registration of the Transfer and Transfer of Names to the Land Rights.

Notaries Role Analysis in Implementation of Credit Agreements & Defaults Settlement with Guaranteed Liability Octantina Widiyastuti; Amin Purnawan; Siti Ummu Adillah
Sultan Agung Notary Law Review Vol 3, No 3 (2021): September 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Analysis of the Role of a Notary in the Implementation of Credit Agreements and Efforts to Settle Default with Guaranteed Mortgage at Bank BRI, Tegal City requires the assistance of a Notary. This happens because the Notary is authorized to make a form of authentic deed that is able to provide legal protection to the parties to the agreement. Regarding the authority of a Notary as a general official making an authentic deed, it can be seen in the provisions of Article 15 paragraph (1) of Act No.: 30 of 2004 concerning the Position of a Notary. The objectives of this journal research are one, to identify and analyze the role of a Notary in a credit agreement with mortgage guarantees at Bank BRI Tegal City Branch Office; two, to find out and analyze the factors causing the occurrence of Default in the credit agreement with the guarantee of Mortgage at Bank BRI Tegal City Branch Office; three, to find out and analyze how to settle defaults in credit agreements with mortgage guarantees at Bank BRI Tegal City Branch Office. The approach method used is the sociological juridical method, the research specifications used are analytical descriptive, using observation and interviews, secondary data collection techniques using library research, and data analysis methods using qualitative analysis. The results of the research and discussion, First, the role of the Notary in the implementation of the credit agreement, as an official authorized to make an authentic deed who is burdened with responsibility in connection with his work in making the deed and the deed can provide legal certainty for the parties in the credit agreement so that the Notary is to prioritize the balance between the namely rights and obligations of the parties who appear before the Notary. Second, the factors causing the occurrence of Default in the credit agreement with guaranteed mortgage rights at Bank BRI Tegal City Branch Office, there are internal factors and external factors causing non-performing loans. Third, Settlement of default in the credit agreement with collateral rights at the BRI bank Tegal City Branch Office can be done by using rescheduling, reconditioning, and restructuring methods.

The Mudharabah Implementation in Correlation Context Time Deposit Asih Untari; Siti Ummu Adillah
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Islamic banks have the function of collecting funds from customers and channeling funds for real sector activities. One of the legal bases used is Mudarabah. Mudharabah is used as a legal basis for Mudharabah Deposit products which have the aim of collecting customer funds and channeling them into the form of Mudharabah Financing. Both products are offered with a profit sharing system. In Mudharabah Deposits, the customer is a shahibul maal who will get a ratio according to the profit from the Bank. In Mudharabah Financing, the Bank as shahibul maal will get a ratio according to the profit of the Mudharib. Observing further the suitability of Islamic Bank products, especially Mudharabah Deposits and Mudharabah Financing, with the Mudharabah system in the fiqh literature, a sharia study of these products is compiled which is poured into this scientific paper.

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