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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan International Journal of Business, Law, and Education International Journal of Business, Economics, and Social Development International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat
Fathul Laila, Fathul
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Model Perwujudan Good Faith (Asas Itikad Baik) Dalam Pemberantasan Mafia Tanah Terhadap Peralihan dan Pendaftaran Hak Atas Tanah Di Indonesia: A Model for the Realisation of Good Faith in the Eradication of the Land Mafia on the Transfer and Registration of Land Rights in Indonesia Laila, Fathul
Warkat Vol. 3 No. 2 (2023): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n2.5

Abstract

Land actually provides a peaceful place where humans are born, live their lives, until they die and are buried together with nature, but land can have a winding history with all the tragic dramas and euphoria including the drama of land seizures both among individual communities and forced seizures by the State in terms of stripping property rights, land expropriation or land dispossession, as well as forced seizures, namely unilateral recognition of land, land appropriation where all become life dramas that flow blood and tears. The purpose of this research is to analyze the model of the realization of good faith in the eradication of the land mafia against the transfer and registration of land rights in Indonesia. The model of handling crimes in the land sector, especially related to the rise of the land mafia, can be done preventively and repressively in which the handling requires cooperation with various parties including the Police (Anti Land Mafia Task Force), the Attorney General's Office, the Supreme Court, the Judicial Commission, and others. It takes a deep awareness and a noble inner attitude and must always be held firmly by all stake holders as an effort to create a high moral attitude, avoid despicable acts, uphold the values of honesty, truth, and justice in order to realize the guarantee of legal certainty that is fair to land rights throughout the territory of the Republic of Indonesia so that the essence of good faith in the transfer and registration of land rights is interpreted as providing protection for the values to be maintained by the laws and regulations in contractual relations due to the legal act of transferring rights / transferring land rights before PPAT.
Tanggung Gugat Pejabat Pembuat Akta Tanah terhadap Karyawan yang Melakukan Tindak Pidana Penggelapan Frieskythasari, Nadya; Laila, Fathul
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.861 KB) | DOI: 10.17977/um019v6i2p399-407

Abstract

This study aimed to analyze the liability of land deed officials in Decision Number 179/Pid.B/2015/PN.Sungguminasa and legal protection for land deed officials for criminal acts of embezzlement committed by employees. The method used in this study was normative juridical with a case approach and a statutory approach. The accountability of the land deed official in Decision Number 179/Pid.B/2015/PN.Sungguminasa related to the criminal act of embezzlement by his employees was completed in an authentic deed belonging to the aggrieved appeared by bearing all the administrative costs. Legal protection for land deed officials for criminal acts of embezzlement committed by their employees was categorized in preventive and repressive legal protections. Preventive legal protection was guided by Article 55 paragraph (1) of the Criminal Code, which stated that a crime could be given to a party who commits, orders, and participates in committing a crime. Repressive legal protection was guided by Article 50 paragraph (1) of the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 2 of 2018, which stated that ministries, assemblies, or organizations of the Association of Land Deed Makers might provide legal assistance to land deed officials whom investigators summon.
Urgensi Keberadaan Pengaturan Larangan Kepemilikan Tanah Secara Absentee dalam Reforma Agraria Prawita, Metrika; Istislam, Istislam; Laila, Fathul
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (65.685 KB) | DOI: 10.17977/um019v6i2p545-553

Abstract

This study aimed to analyze the regulation on Absentee land ownership, the purpose of Absentee land ownership regulation, and the urgency and relevance of the regulation on Absentee land ownership in agrarian reform. The type of research used in this study was normative juridical with a positivist legalistic approach. The regulation on the prohibition of absentee land ownership was regulated in additional rules contained in Articles 3A to 3E of Government Regulation Number 41 of 1964 and further reaffirmed by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Number 18 of 2016 concerning Control of Agricultural Land Control. The purpose of the regulation on the prohibition of absentee land ownership was so that the local community could enjoy the results obtained from land management. The urgency and relevance of the regulation on the prohibition of absentee land ownership at the time of agrarian reform could not be carried out effectively because there was no specific regulation governing Absentee land. Thus, it was necessary to review and even eliminate some regulations no longer by current and future developments.
Peran Pejabat Pembuat Akta Tanah Sementara dalam Peralihan Tanah Terlantar Menjadi Tanah Kas Desa Maharani, Giga Firstia; Uyun, Dhia Al; Laila, Fathul
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 9, No 1 (2024): Maret 2024
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um019v9i1p%p

Abstract

Kajian ini bertujuan untuk menganalisis Putusan Pengadilan Negeri Situbondo Nomor 40/Pdt.G/2021/PN.Sit serta peran pejabat pembuat akta tanah sementara dalam proses peralihan tanah terlantar menjadi tanah kas desa. Metode yang digunakan yaitu sosio-legal research dengan pendekatan peraturan perundang-undangan, pendekatan konseptual, dan pendekatan kasus. Putusan Pengadilan Negeri Situbondo Nomor 40/Pdt.G/2021/PN.Sit berkaitan dengan sengketa peralihan tanah terlantar menjadi tanah kas desa yang terjadi di Desa Kesambirampak. Peralihan tanah terlantar menjadi tanah kas desa harus melalui beberapa tahap yaitu evaluasi terhadap tanah terlantar, pemberian peringatan kepada pihak terkait, serta penetapan sebagai tanah terlantar sehingga dapat dikuasai oleh pemerintah desa. Camat dan/atau Kepala Desa sebagai Pejabat Pembuat Akta Tanah Sementara berperan dalam melakukan pengawasan terhadap proses peralihan tanah terlantar menjadi tanah kas desa agar tidak menimbulkan sengketa di kemudian hari. 
Notary as the Frontline of Money Laundering Prevention Rezki Amaliah Rusli; Masykur, Hamidi; Laila, Fathul
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.384

Abstract

This research examines the implementation of Government Regulation Number 43 of 2015, especially Article 3, related to the obligation of notaries as reporting parties in preventing money laundering crimes. The research method used to answer the existing problems is Sociolegal Legal research or commonly used as empirical juridical research. The results show that in practice, notaries still face a number of obstacles in carrying out the obligation to report suspicious financial transactions. The legal dilemma that arises in relation to this reporting obligation is often a challenge for notaries. This study further explores the factors that cause these obstacles and their implications for the effectiveness of preventing money laundering crimes.
Legal Protection for Creditors Who Recipient of Motor Vehicle Fiduciaries After Constitutional Court Decision Number 18/PUU-XVII/2019 & Number 2/PUU-XIX/2021 (Study at BRI Finance Malang Branch) Ahmad Shoifi; Djumikasih, Djumikasih; Laila, Fathul
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1375

Abstract

Fiduciary is a material guarantee which is a development of other material guarantees, namely Pawning. This development is a living need in society because pawning collateral which requires control of the pledged collateral object by the creditor is felt to be less supportive of business because the debtor cannot benefit from the collateral object so material collateral is needed which is more beneficial for the debtor but also the creditor's interests can still be protected. Execution of fiduciary guarantees can be carried out in accordance with article 29 UUJF, namely if the debtor or fiduciary person breaks his promise, the execution of the object that is the object of fiduciary guarantee point 1 above is the priority given by the material guarantee institution which is referred to as Parate execution, which is regulated in Article 15 paragraph (3) of the Fiduciary Guarantee Law (hereinafter abbreviated to "UUJF") which states that "If the debtor breaks his promise, the fiduciary recipient has the right to sell the object that is the object of the fiduciary guarantee under his own authority." The research method used is the Socio Legal Research Method or commonly used as empirical juridical research. Empirical legal research, namely data obtained directly from the community as the first source through field research. The research location is at the BRI Finance Malang Branch Office which is one of BRI's subsidiary entities which operates in the financing sector located in Malang City. One of the financing products from BRI Finance is Multipurpose Motor Vehicle Ownership Credit where the collateral is a motor vehicle tied to the institution fiduciary material guarantee. The results of the research show that the execution of credit collateral in the form of a motor vehicle tied to a fiduciary with the Constitutional Court decision Number 18/PUU/XVII/2019 which is confirmed by the Constitutional Court decision No.2/PUU-XIX/2021 becomes weaker because the creditor's preference rights are limited. The institution granted fiduciary material guarantees in the form of an execution parate cannot be carried out unilaterally because it must obtain the debtor's approval regarding the element of breach of contract/default and also the voluntary handover of fiduciary objects
Legal Entity Status of Individual Companies Which no Longer Meet the Criteria for Micro and Small Enterprises Prasistanti, Aninda Rehani; Sihabudin, Sihabudin; Laila, Fathul
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.733

Abstract

An individual company is obliged to modify its legal status to a Capital Partnership Company if it is considered as no longer applies for Micro and Small Enterprises (UMK) / MSEs criteria. However, there are no provisions regarding the consequences if it is not made. It leads to unclear legal entity status and the responsibilities of individual companies which do not meet the standards of the Micro and Small Enterprises (UMK). This study aims to (1) analyze Individual Companies legal entity status which does not apply the UMK standards, and (2) analyze the legal implications of Individual Companies which no longer meet the UMK criteria. This study used normative juridical research method with a statutory approach and analysis of legal concepts. The results show that individual legal entity status of companies which do not meet the UMK criteria has not been rigidly regulated in the Job Creation Law or its regulations. However, individual companies which do not meet the UMK criteria are considered as no longer meet the legal entity requirements which are regulated in the Job Creation Law. Therefore, de jure, Individual Company legal entity status is no longer a legal entity, but de facto it is still registered as a legal entity. In addition, the legal implication is considered as the loss of the limited liability of the Individual Company.
Legal Reconstruction of Electronic Land Rights Certificates Burdened with Mortgage Rights as a Form of Credit Guarantee Banking Rahmatin, Richa; Laila, Fathul; Chanifah, Nur
International Journal of Business, Economics, and Social Development Vol. 6 No. 3 (2025)
Publisher : Rescollacom (Research Collaborations Community)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46336/ijbesd.v6i3.1019

Abstract

Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning electronic certificates is a new regulation that changes the rules regarding land title certificates which were originally in book form to electronic form. Several of these regulations regulate changes in procedures and mechanisms but do not regulate in depth if the electronic land title certificate is pledged at the bank by someone else who is not the certificate owner and during the credit application process contains elements of fraud in it. The ambiguity of this regulation has caused several disparities in the judge's decisions which have significant legal impacts on justice seekers. This study examines two things, the first discussing the legal regulation of electronic land title certificates burdened with mortgage rights as a form of credit guarantee at the bank and the second discussing the legal reconstruction of electronic land title certificates burdened with mortgage rights as a form of credit guarantee at the bank in future regulations. This research method uses normative legal research methods with a statutory approach, a conceptual approach and a case approach. This study uses primary, secondary and tertiary legal materials by conducting a literature study and analyzing using legal interpretation. The results of this study are first, the regulation on land title certificates does not clearly regulate certificates that are pledged at the bank so that they are burdened with mortgage rights where the customer who applies is not the owner of the certificate. Second, to solve the first problem, it must be regulated with certainty regarding electronic land title certificates if they are pledged by someone else at the bank or if there is an element of fraud in the credit application.
Co-Authors Ahmad Shoifi Djumikasih Frieskythasari, Nadya Istislam Istislam, Istislam Maharani, Giga Firstia Masykur, Hamidi Nur Chanifah Prasistanti, Aninda Rehani Prawita, Metrika Rezki Amaliah Rusli Richa Rahmatin Sihabudin Sihabudin, Sihabudin Uyun, Dhia Al