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PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE Suci, Ivida Dewi Amrih; Poesoko, Herowati; Raharja, Sunarya; Puryani, Puji; Andani, Devi
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1234

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

Kepastian Hukum Tentang Legalitas Perkawinan dan Pencatatan Bagi Umat Beda Agama Di Indonesia Purwanto, Eko; Poesoko, Herowati; Zeinudin, Moh
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5544

Regulations regarding interfaith marriage and registration in Indonesia have developed dynamically over time. It was found that there were court decisions rejecting interfaith marriages and their registration, but it was also found that there were court decisions granting permission. This is considered to cause legal uncertainty, because inter-religious marriages still continue to occur, while Law Number 1 of 1974 concerning Marriage and its amendments do not yet strictly and clearly regulate inter-religious marriages. This research focuses on examining the meaning of interfaith marriage and its registration over time in Indonesia as well as the direction of legal reconstruction in the future. This research is normative legal research that uses a statutory approach, a historical approach and a case approach. The legal hermeneutics research method is used to analyze the collected legal material. The research results found that the meaning of interfaith marriage and its registration experienced dynamics in its historical development in Indonesia from time to time, giving rise to legal uncertainty. Interfaith marriages and their registration can be given legal certainty by using a Court Decision or carried out abroad (in a country that permits interfaith marriages) and then reporting the registration administratively to the Civil Registry Office or Dukcapil Office to obtain legal certainty based on the provisions of the Marriage Law, Regulations Government Number 9 of 1975 concerning Implementation of UUP, and Law Number 23 of 2006 concerning Population Administration, as amended by Law Number 24 of 2013

Mitigasi Risiko Keamanan Data dalam Implementasi Sertifikat Tanah Elektronik untuk Mewujudkan Kepastian Hukum bagi Pemegang Hak Atas Tanah Arif, Ach Farhan; Poesoko, Herowati; Munir, Miftahul
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5674

Digital transformation in land services has introduced the innovation of electronic land certificates, replacing the conventional physical system of analog certificates. This initiative by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) is expected to enhance administrative efficiency in land services, accelerate service processes, and provide legal certainty for landowners. However, the implementation of electronic land certificates also presents challenges related to land data security and legal protection. Risks such as data manipulation, cyberattacks, and data loss are key issues that could hinder the sustainability of this system. This research aims to identify risk mitigation strategies necessary to ensure legal certainty for landowners. Using a normative juridical research type with a perspective analysis approach, the study highlights the importance of adequate regulatory harmonization and advanced technology in managing land data security.The research findings indicate that effective risk mitigation requires collaboration between the government—particularly the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) at central and regional levels—and other stakeholders related to legal protection of electronic documents. Through holistic mitigation strategies, electronic land certificates can not only enhance efficiency but also provide optimal legal protection needed to build public trust in the digital land system. Consequently, the sustainability of the digital system through electronic land certificates can be achieved. This research provides recommendations to strengthen data security systems, improve regulations, and educate the public as crucial steps in transforming land services

Ratio Decidendi Pemberhentian Sementara Kepala Desa Akibat Dugaan Melakukan Tindak Pidana Pemalsuan Surat suprayitno, agus; Poesoko, Herowati; Munir, Miftahul
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5725

This research discusses the court decision with the defendant Akhmad Wa'il as the Head of Guluk Guluk Village, Guluk Guluk District, Sumenep Regency who is suspected of forging letters, namely using fake diplomas when registering as a candidate for village head. Based on the court decision of the Sumenep District Court Number 195/Pid.B/2022/PN.Smp jo 1351/Pid.B/2022/PT. Sby jo 603 K/Pid/2023. In the first and second level verdicts, the judge stated that the defendant was proven to have forged a letter in the form of a fake diploma. However, in the Supreme Court's decision, the defendant was proven not guilty of forging letters, considering that the Supreme Court is the Supreme Court that serves as a Judex Juris and not a Judex Factie. This study aims to describe the ratio of judges in the Supreme Court decision number 603/K/Pid/2023 which annulled the previous decision to not guilty of forging letters. The method used in this study is Normative by using secondary data or library data (library research) with the Statute Approach and Case Study approach

Agreement to Use Payment Means Other Than Rupiah in Financial Transactions Wardani, Ratna Sri; Sjaifurrachman, Sjaifurrachman; Prakoso, Abintoro; Poesoko, Herowati
Innovative: Journal Of Social Science Research Vol. 4 No. 2 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i2.9635

Mata uang Rupiah merupakan alat pembayaran yang sah di wilayah kesatuan negara Indonesia. Setiap masyarakat atau orang yang berada di wilayah Indonesia wajib menggunakan rupiah sebagai alat pembayaran dan memenuhi kewajiban transaksi. Penelitian ini bertujuan untuk mengkaji dan menganalisis penggunaan alat pembayaran selain rupiah dalam transaksi keuangan di masyarakat serta menganalisis akibat hukum dari perjanjian penggunaan alat pembayaran selain rupiah. dalam transaksi keuangan. Kenyataannya, sebagian masyarakat tidak menggunakan mata uang rupiah sebagai alat pembayaran, seperti di pasar Muamalah Depok yang viral karena metode pembayaran atau transaksi keuangannya menggunakan dinar dan dirham. Suatu perjanjian jual beli yang tidak menggunakan mata uang rupiah sebagai alat pembayaran atau pemenuhan kewajiban-kewajiban lainnya, batal demi hukum karena tidak memenuhi salah satu syarat sahnya suatu perjanjian mengenai sebab halal, karena menggunakan mata uang asing. mata uang di wilayah Indonesia bertentangan dengan undang-undang nomor 7 tahun 2011 tentang mata uang. Akan tetapi, transaksi yang dilakukan oleh masyarakat dengan menggunakan alat pembayaran selain rupiah merupakan suatu kebiasaan yang tidak merugikan satu sama lain apabila memenuhi syarat sahnya suatu perjanjian sebagaimana tercantum dalam pasal 1320 KUHPerdata.

SEMA BINDING STRENGTH NO. 2/2023 REGARDING THE JUDGE'S DETERMINATION IN APPLICATIONS FOR REGISTRATION OF INTERFAITH MARRIAGES Leonide, Cliff Ivan; Khoidin, M.; Zulaika, Emi; Poesoko, Herowati; Suci, Ivida Dewi Amrih
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1166

The state guarantees freedom of religion, as well as forming a marriage. Registration of marriages, especially mixed marriages, is regulated in Article 57 of Law no. 16 of 2019 concerning Marriage. This mixed marriage is also related to interfaith marriage which is also a right for Indonesian citizens. The Supreme Court in this case made SEMA No. 2/2023 dated 17 July 2023 concerning Appointments for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs, at point No. 2 explains that "The court did not grant the request for registration of marriages between people of different religions and beliefs." If this SEMA is analyzed it is in conflict with Article 35 letter (a) of Law no. 23 of 2006 in conjunction with Article 50 of Minister of Home Affairs Regulation no. 108/2019. Therefore, the author analyzes the binding strength of SEMA No. 2/2023 dated 17 July 2023 regarding the failure to grant the request for registration of interfaith marriages. Meanwhile, Minister of Home Affairs Regulation no. 108/2019 states that interfaith marriages must be proven, which automatically results in an application being made to the court. This is also related to Article 35 letter (a) of Law no. 23 of 2006 concerning Population Administration which regulates marriages determined by courts for people of different religions. Therefore, the author analyzes the above problem with the problem, namely the binding force of SEMA No. 2/2023 regarding the judge's decision in the application for registration of interfaith marriages. The method used is normative juridical research, with an analysis of the theory of authority and legal certainty. The approaches used are the conceptual approach, statutory approach and case approach. The conclusion to be reached in this writing has future perspective value and is in accordance with its axiology, namely the aim of law is justice.

PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE Suci, Ivida Dewi Amrih; Poesoko, Herowati; Raharja, Sunarya; Puryani, Puji; Andani, Devi
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1234

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).

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