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Usak Usak, Usak
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Peran Alat Bukti Petunjuk Bagi Hakim dalam Memutus Perkara Pidana di Indonesia Sengi, Ernest; Usak, Usak
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1617

Abstract

Proof is the central point in resolving criminal cases. Whether a defendant is convicted or not depends on the evidence. Proving, means trying to convince the judge about whether the defendant is guilty or not. Of course, it is based on the evidentiary parameters stipulated in the law. One of the evidentiary parameters is the evidentiary strength (bewijskracht) of each piece of evidence. Guidance evidence are one of the means of evidence as regulated in Article 184 of the Criminal Procedure Code. The legal issue that is the aim of the research is to analyze the role of guiding evidence for judges in deciding criminal cases; because in legal practice the evidence of guidance is very dependent on the judge's subjective assessment in deciding the case. Because what is being studied is the role of guidance evidence, the approach used is a statutory approach. The results of the research show that guidance evidence is complementary evidence or accessory evidence which is only found through other evidence, namely witness statements, letters and defendant statements. Guidance evidence is one of the legal pieces of evidence in Indonesian Criminal Procedure Law which has the role and function of strengthening the evidentiary process in resolving criminal cases. Even though guidance evidence is not direct evidence, guidance evidence has the same position as other evidence in the Criminal Procedure Code.
Kepailitan Akibat Pembatalan Pengesahan Rencana Perdamaian (Homologasi) Oleh Kreditor Separatis (Studi Putusan Mahkamah Agung No 177 K/Pdt.Sus-Pailit/2021): Kepailitan Akibat Pembatalan Pengesahan Rencana Perdamaian (Homologasi) Oleh Kreditor Separatis (Studi Putusan Mahkamah Agung No 177 K/Pdt.Sus-Pailit/2021) Usak, Usak
Journal of Innovative and Creativity Vol. 5 No. 2 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i2.2757

Abstract

In the case of PT Mopoli Raya, the Commercial Court at the Medan District Court issued a decision to ratify the Peace Agreement between PT Mopoli Raya (in PKPU) and its Creditors with Decision Number 17/Pdt.Sus-PKPU-Pengesahan Perdamaian/2020/PN Niaga Mdn, because it was deemed to have fulfilled the quorum as a condition for accepting the peace as regulated in Article 281 paragraph (1) letter b of Law Number 37 of 2004. However, PT Bank Maybank Indonesia Tbk, as a separatist creditor, considered that the ratification of the peace plan had not met the requirements and then filed an appeal. The purpose of this study is to examine the position of separatist creditors in the ratification of the peace plan and to analyze whether the Supreme Court Decision No. 177 K/Pdt.Sus-Pailit/2021 is in accordance with the provisions of Law Number 37 of 2004. The research method used in this study is the normative juridical method with a case approach. This study found that Law Number 37 of 2004 regulates the status of secured creditors in determining a reconciliation plan within the framework of a PKPU (Deferred Payment for Debt Obligations). One of these provisions is that secured creditors who disagree with the ratification of the reconciliation plan can file an appeal. Supreme Court Decision No. 177 K/Pdt.Sus-Pailit/2021 overturned the Commercial Court Decision at the Medan District Court, resulting in PT Mopoli Raya being declared bankrupt, in accordance with Law Number 37 of 2004.
Akibat Hukum Merger Bank Syariah Mandiri, BRI Syariah, dan BNI Syariah Usak, Usak
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1253

Abstract

The purpose of writing this article is to examine legal arrangements for merger of Islamic banking and legal consequences of the merger of Bank Syariah Mandiri, BRI Syariah, and BNI Syariah. The research method used in this research is normative juridical method. Results of this study found that provisions regarding the merger of Islamic Banking are carried out in accordance with the provisions of the legislation as mandated by Article 17 paragraph (3) of Law Number 21 of 2008 concerning Islamic Banking. The legal arrangements for the merger of Islamic Banking in Indonesia can be referred to the Banking Law, Limited Liability Company Law, Islamic Banking Law, Government Regulation Number 28 of 1999, and OJK Regulation Number 41 of 2019. In addition, the merger of Sharia Banks must also pay attention to terms and conditions relating to the prohibition of monopolistic practices and unfair business competition as referred to in Law Number 5 of 1999. The legal consequences of the merger of BRI Syariah, BNI Syariah and Bank Mandiri Syariah may affect the company, shareholders, customers and employee.
Analisis Yuridis terhadap Urgensi Akta Autentik Notaris dalam Perjanjian Pengalihan Hak Cipta Usak, Usak; Sengi, Ernest; Laike, Reli Jevon
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1355

Abstract

The purpose of this research is to examine importance of setting up copyright transfer agreement and to analyze juridically the urgency of an authentic notary deed in a copyright transfer agreement. The research method used is normative legal research with statute approach. Results of study found that the importance of setting up copyright transfer agreement is guarantee of legal protection of economic rights from creator; guarantee of legal protection to non-creator parties who obtain economic rights as a result of transfer of copyright in whole or in part; and minimize disputes in transfer of Copyright. The urgency of Notary authentic deed in a copyright transfer agreement are: first, Notary profession is bound by law, so it has credibility in making an authentic copyright transfer deed; second, authentic notary deed serves as a means of proof in the event of a copyright dispute; third, through an authentic deed, legal protection can be guaranteed for the parties; fourth, notary authentic deeds can be used as a means of achieving legal goals, namely justice, benefit and legal certainty for the parties who make copyright transfer agreements; fifth, a Notary can have a role as a legal consultant for the parties in making Copyright transfer agreement.
Co-Authors Laike, Reli Jevon Sengi, Ernest