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All Journal Jurnal Daulat Hukum Pembaharuan Hukum Sultan Agung Notary Law Review
Sri Kusriyah
unissula
Law, Crime, Criminology & Criminal Justice Social Sciences

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THE CONSTRUCTION OF THE VICE PRESIDENT'S AUTHORITY IN INDONESIA'S STATEMENT SYSTEM Widayati Widayati; Sri Kusriyah; Winanto Winanto
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.23920

Abstract

The 1945 Constitution of the Republic of Indonesia stipulates that the President and Vice President are directly elected by the people. The position of the Vice President is at the level below the President. The authority of the Vice President is not clearly and unambiguously regulated in the 1945 Constitution of the Republic of Indonesia or in the laws and regulations below it. As an assistant to the President, the authority of the Vice President is highly dependent on the President. The Vice President's authority will only appear when the President is absent. The authority of the Vice President in Indonesia's constitutional history varies from one to another. For the division of authority between the President and the Vice President, as well as clarity on the authority of the Vice President, it is necessary to have a law regulating the presidential institution. The law on the presidential institution will later serve as the legal basis for the President to share authority with the Vice President. With the division of authority, there will be clarity as to what is the authority of the Vice President, so that when a problem occurs, it can be resolved quickly and thoroughly, without throwing responsibilities at each other. The clarity of the division of authority will also greatly assist the DPR in carrying out its supervisory function, and for the public to assess the performance of the Vice President. 
The Responsibility of the Notary in Providing Legal Information to the Parties on the Deed He Made Chilsy Indiyarti; Sri Kusriyah; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 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.4.2.477-486

Abstract

Legal Counseling is carried out by providing clear, directed explanations, so that the meaning and purpose of the authentic deed are easily understood and understood by the parties. Sometimes people only provide explanations and documents without knowing the legal issues. Article 15 paragraph paragraph 2 letter e of Act No. 2 of 2014 explains that, "in addition to the authority as referred to in paragraph (1), the Notary is also authorized to: provide legal counseling in connection with the making of the Deed." Here it is explained that every notary is obliged to explain the responsibility to provide legal counseling to the parties/clients. This research purposed to review and analyze the Responsibilities of the Notary in providing legal counseling to the parties for what he did in the City of Kendari, and to examine and analyze the obstacles and solutions of the notary in providing legal counseling to the parties for what he did. The research approach method used in this research was an empirical juridical research method. The type of data used in this research Primary Data includes Act No. 2 of 2014 concerning Notary Positions and Secondary Data containing books and documentsother supporters. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is a qualitative approach in order to obtain descriptive data. The results of the study show that: First, the Notary's responsibility in providing legal counseling is only to provide advice to the parties/clients, it is the client who has the decision in the deed as long as it does not conflict with Article 1320 of the Criminal Code, so that there are no consequences.law in the future. Second, the barriers are competence, clients who do not explain in detail, communication, differences in interpretation, and client characteristics as well as upgrading solutions for notaries, supporting documents, communication skills, discussion for solutions, and psychological approaches.
The Legal Certainty of Murabahah Contracts in Buying a House Danu Pratama; Sri Kusriyah; R. Sugiharto
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 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.4.3.846-857

Abstract

The purpose of this research is to analyze: 1) Implementation of Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. 2). Legal certainty of Murabahah contracts in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. The data analysis method used in this research is qualitative analysis.The results of the study were concluded: 1) The implementation of the Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City was started by using the principle of 5C financing analysis and went through several stages. namely the submission of an application by completing the required documents, checking the completeness of the documents, analyzing the feasibility of the financing proposal, approval or rejection of the results of the analysis through the financing committee binding with a notary deed. The Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City in resolving problematic financing can be overcome by means of qadhi, tahkim, and al-islah. 2) The legal certainty of the Murabahah contract in the sale and purchase of houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City can be realized because it is carried out by a notarial deed. The mortgage deed made with a notary deed can provide legal certainty for the parties. Based on the theory of legal certainty, the Murabahah contract is a natural legal certainty contract, which is a type of business transaction contract that has certainty of profits and income both in terms of amount and in terms of delivery, each party involved can predict the payment or payment time.
The Principles of the Welfare Law State in an Islamic Perspective Sri Kusriyah
Jurnal Daulat Hukum Vol 5, No 4 (2022): December 2022
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v5i4.26590

Abstract

The principles of a welfare state are a choice of state system in most countries in the world. Islam as a religion for all mankind and mercy for the natural environment, has principles on how to regulate the state so that it can provide benefits for human life, this paper aims to find out how the principles of a welfare state and an Islamic perspective. The method used in this paper uses normative juridical methods, the data required is in the form of secondary data with technical data analysis using qualitative analysis. The results of the discussion show that Islam as a teaching has the principle that the people have the right to welfare, and the state/government is obliged to promote welfare, educate the people's lives, and must even be active in all aspects of life towards the welfare of its citizens a. Freedom from poverty, b. freedom to choose a lawful job, c. property rights function socially, d. the right to education, e. the right to welfare. The principle of welfare in Islam is directed to achieve the system. a. The system of Islamic society is a system of social life that is advanced, mobile and active, capable enough to build a modern and advanced society, b. The Islamic social system with its recognition of the five human rights and legislation for social security, has the power to eradicate poverty, stupidity, cowardice and inferiority complex, c. The Islamic social system is suitable for all Muslims and non-Muslims, because the basics and rights according to this system are equally distributed to all residents without exception, d. The Islamic community system includes the people and the government in implementing social security, e. The Islamic society system is easy to form, not rigid, can be practiced at any time in accordance with the times and the movement of progress.
Co-Authors Chilsy Indiyarti Danu Pratama Peni Rinda Listyawati R. Sugiharto Widayati Widayati Winanto Winanto