Garuda - Garba Rujukan Digital

The Legal Impact of Prejudicial Decisions that State Invalidity of Suspects Determination Iqbal Parikesit; Umar Ma'ruf; Peni Rinda Listyawati
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.%p

In judicial practice, there have been several pre-trial decisions declaring the stipulation of a suspect invalid. The impression that arises from the suspect is as if the determination of the suspect is declared invalid, then the case is stopped and not continued. Therefore, this study aims to find out the legal impacts of prejudicial decisions which state the invalidity of the determination of suspects in the current and future laws. This study used a normative legal approach by reviewing and researching primary legal materials consisting of the Legislation on the Criminal Procedure Code (KUHAP) and Judge's Decisions. Then proceed with secondary legal materials in the form of books and journal articles related to pre-trial decisions declaring the determination of the suspect invalid. The analytical technique used in this research is a descriptive qualitative method. The results of the research on the legal impacts of the prejudicial decision stating the invalidity of the determination of the suspect, including (1) The investigation can still be continued even though there has been a pre-trial decision stating the stipulation of the suspect is invalid, (2) If before the determination of the suspect is declared invalid by the pre-trial judge, the suspect has an investigation is carried out by the investigator, the Minutes of Examination or “Minutes of Examination” of the suspect becomes invalid, (3) Legal actions based on the results of the suspect's examination are considered invalid, (4) Legal actions that are not based on the results of the suspect's examination are still valid and (5) If the investigation is continued and the investigator is able to find the suspect, the investigator may re-determine the suspect. Then against the determination of the suspect, the suspect can still apply for a pre-trial again, and so on.

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

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.

The Notary Role in Making Working Contract of Pharmacy with Capital Owner Ahmad Mufti Damara; Umar Ma'ruf; Sri Kusriyah; Ira Alia Maerani
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.4.1.174-191

A notary is a public official in charge of representing the state and is a profession, so that a notary gains the trust of both the government and the public. The value of this trust which is owned by a notary as a public official is not only obtained because of the law in making authentic deeds. This study wants to answer the problem of how the role of a notary in making a pharmacist work contract with the owner of capital for a dispensary in Grobogan district, how the constraints and solutions for the role of a notary in making a pharmacist work contract for a pharmacist in Grobogan district. The approach method used is sociological juridical, analytical descriptive research specifications. The data used are primary and secondary data, the data is accessed qualitatively and research problems are analyzed using the theory of legal protection and the theory of legal certainty. Based on the results of the study, it can be concluded (1) the role of a notary in making a work contract is that a notary has the authority to make an authentic deed regarding all agreements, and provisions required by legislation and/or desired by the interested parties to be stated in an authentic deed.

Legal Analysis Of Authority On Military Judges In Judging Of Indonesian National Army (TNI) Sarjono Sarjono; Umar Ma'ruf
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

This study aims to find answers to three problems. First, because members of the TNI or TNI soldiers who commit general crimes are not tried in civil courts. Second, the authority of the Military Court to try TNI soldiers who commit general crimes after the enactment of Act No. 34 Th. 2004 regarding the TNI. Third, the obstacles/solutions to law enforcement in prosecuting TNI soldiers after the enactment of the TNI Law. This study uses a normative juridical approach, using primary legal materials and secondary legal materials. The results of the study show that, firstly, TNI members who commit criminal acts are not tried in the Civil Court because there has been no amendment to Act No. 31 of 1997 concerning Military Courts, secondly that after the enactment of Act No.

The Role of a Notary in Changing the Name of a Limited Liability Company Detkri Badhiron; Umar Ma'ruf
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This research aims to know and analyze the factors that cause PT. Mega Transformation Indonesia turned into PT. Djaja Bangun Rahardja, besides that this research is also to find out and analyze the role of the Notary in changing PT. Mega Transformation of Indonesia into PT. Djaja Bangun Rahardja was connected with Act No. 40 of 2007 concerning Limited Liability Companies and the last one was to identify and analyze the process of obstacles and solutions in the process of changing PT. Mega Transformation Indonesia into PT. Djaja Bangun Rahardja is associated with Act No. 40 of 2007 concerning Limited Liability Companies. The approach method in this research is empirical juridical. The juridical approach (law is seen as a norm or das sollen), because in discussing the problem this research uses legal materials (both written law and unwritten law or both primary legal materials and secondary legal materials). Empirical approach (law as a social, cultural or das sein reality), because in this study primary data obtained from the field were used. So, the empirical juridical approach in this study means that in analyzing the problem, it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about how the role of Notaries requires empirical research on Notaries who process changes in names of shareholders and changes to the Board of Directors. The specifications used in this research are descriptive analytical, which is intended to provide data as accurate as possible about a situation or other symptoms. Because this research is expected to provide a detailed, systematic and comprehensive description of the role of a Notary in processing the name change of a limited liability company. The data required includes Primary data is data obtained from the field, data obtained from respondents. Respondents are people or people who provide answers to questions from researchers. Secondary data is data obtained from or derived from library materials, secondary data collected in this study include primary legal materials, secondary legal materials and tertiary legal materials. In discussing the subject matter and analyzing the data that has been obtained, the authors use all the information and data that have been obtained, both primary data and secondary data. Then the writer analyzes qualitatively which is then presented descriptively.

The Execution of Third Party Mortgage Guarantees in Rural Bank Credit Agreements Rizka Rian Ananda; Umar Ma'ruf
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to determine the execution of mortgage guarantees on bank credit agreements belonging to third parties at Rural Banks. The Method approach in this research is empirical juridical with primary and secondary research data taken by interview and literature review. Data analysis method using qualitative analysis. The results of the study indicate that the execution of mortgage rights belonging to third parties in BPR X is in accordance with the rules in Article 1 and Article 6 of Act No. 4 of 1996 concerning Mortgage Rights and carried out by the KPKNL. The execution of mortgage rights belonging to third parties in the BPR credit agreement in the event of a fight must be able to show proof of ownership but the execution process must still be carried out. Legal remedies for third parties as owners of land rights that are used as objects of mortgage rights are that they can file a lawsuit or derden verzet to the District Court, although this method cannot in principle suspend execution (Article 207 paragraph (3) HIR and 227 RBg) especially if from the start the third party agrees that the land is used as collateral for mortgage rights.

The Tenure of Land by Foreigners through Nominee Agreements & Waarmerking by Notaries Anisa Amalia; Umar Ma'ruf
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Land tenure between foreigners and Indonesian citizens through a nominee agreement is an effort made so that foreigners own land in Indonesia with Own rights status, which is done by borrowing the name of the Indonesian citizen to be included in the land certificate. However, this is contrary to the applicable laws and regulations. The problem in this research is what are the legal consequences of land tenure by foreigners through a nominee agreement made under the hand and waarmerking by a notary in Jepara Regency. This study uses an empirical juridical approach. The research specification is descriptive analytical, the type of data comes from primary data obtained through field studies and secondary data through library studies. Methods of collecting data through interview techniques, literature studies and document studies. The method of data analysis is descriptive qualitative. The results of the study indicate that the practice of land tenure through nominee agreements made under the hands of foreigners and Indonesian citizens with the aim that foreigners can control land with property rights status like Indonesian citizens is legally a form of legal smuggling so that the agreement is not valid or deemed to have never existed and resulting in the sale and purchase of the land being null and void and the land falling to the state, this is based on Article26 paragraph (2) BAL.

Title

Found 7 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 7 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 7 Documents
Search