Garuda - Garba Rujukan Digital

Digitalization of Notary Deeds In The Era of Industrial Revolution 4.0 In Facing The Covid-19 Pandemic Yoga Andriyanto, SH; Dr. Rusdianto Sesung, SH, MH
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Purpose of this research is first, to analyze the digitization of deeds and notary deeds that do not conflict with the Law on Notary Position. Second, to analyze legal certainty in changing the behavior of notaries who use digital media in the era of the industrial revolution 4.0 and facing the Covid-19 pandemic when making and storing minimum deeds. This research uses normative legal research methods. This research concludes, firstly: Notary deed and minuta deed are very important state documents, so that in their storage the Notary is obliged to maintain and safeguard them properly, regulated in UUJN Article 1 point 13. Storage of Notary deed minuta documents using electronic media has not been regulated in UUJN, however, Article 6 of the ITE Law considers the validity of an electronic document, even though the evidence according to Article 1866 of the Criminal Code and Article 184 of the Criminal Procedure Code does not explain the existence of electronic evidence, in which a notary deed is an authentic deed in accordance with UUJN Article 1 point 1. Second: Changes in the work behavior of Notaries In the era of the industrial revolution 4.0 and facing the Covid-19 pandemic, the creation and storage of digital notary deeds requires certainty and protection from the Government and the Indonesian Notary Association (INI). Digitalization as a form of notary adhering to health protocols and protection for minimum notary deeds from damage caused by natural disasters, fire and being eaten by termites and excess space.

Legal Study on Withdrawal of Fiduciary Guarantee Based on the Decision of the Constitutional Court Number 2/PUU-XIX/2021 Rizal Nugra Wijaya; Rusdianto Sesung
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 1 (2022): June
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i1.117

The practice of withdrawing fiduciary guarantees by financing institutions has often caused controversy because each party has a legal basis that can be used to maintain the goods resulting in the use of physical force to be able to withdraw fiduciary guarantee goods. These ways of withdrawal eventually became a problem in society so that it extended into problems related to human rights violations. That resulted in the emergence of a request for a material test of Law No. 42 of 1999 on Fiduciary, especially in Article 15 paragraphs (2) and (3) and then the Constitutional Court issued Decree No. 18 / PUU-XVII / 2019 about Fiduciary especially in Article 15 paragraphs (2) and (3) and then the Constitutional Court issued Decree No. 18 / PUU-XVII / 2019 which contains that there must be an agreement between the debtor and creditors about the state of default and for that then the debtor is authorized to withdraw the fiduciary guarantee or willingly release the fiduciary guarantee item, if there is no agreement and willingness then the withdrawal order must be through a court ruling. Because it is considered that the verdict provides injustice on the creditor's side, it is further submitted a material test of the court's decision, and through The Court's Decision No. 2/PUU-XIX/2021, the Court stated that it rejected the request for a material test and upheld the previous verdict. Based on this, this study will legally review how the withdrawal of fiduciary guarantee goods based on the ruling and as a conclusion is the withdrawal that can be made by creditors against fiduciary guarantee goods are: (a) Make an agreement with the debtor where the debtor voluntarily submits the fiduciary guarantee to the creditor, for sale through auction. The terms of the sale are prohibited to harm the debtor, i.e. if the selling price is below the value of debit debt; (b) Request a verdict to the judge to be able to execute the item based on the registered fiduciary certificate, and for the next sale of the fiduciary guarantee at auction. If it is not done as such then the creditor is at risk of being reported as a criminal delik with Article 362 of KUHP for attempted theft (if the taking of the goods is unknown to the owner of the goods) and/or Article 368 of the Criminal Code on attempts to confiscate the property of others.

Legal Aspects In The Making of The Buying Boarding Deed And The Power of Sale Eric Reinaldo; Rusdianto Sesung
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 1 (2022): June
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i1.131

The process of buying and selling land has a procedure that has been regulated in the legislation. In the process of buying and selling land, problems are often found, such as the inability to sign the deed of sale because it has not been paid off. One way to keep the binding on the object of sale and purchase is through the making of a PPJB deed and the power to sell. The function of PPJB and the power of attorney is to prevent the seller from committing fraudulent acts to the buyer by reselling the object's land to other prospective buyers. There have been criminal law cases in connection with the making of the PPJB deed and the power to sell which will be analyzed in this legal research. The formulation of the problem in this legal research is the procedure for making a sale and purchase binding deed and the power to sell, a juridical review of a criminal decision against a notary in making a sale and purchase deed and PPJB. That this legal research uses normative legal research and uses a conceptual approach, and a case approach as a means of supporting legal research. The benefits of this legal research are as a guide so that law enforcers have a better understanding of how notaries work and as a means of increasing knowledge.

Keabsahan Kepemilikan Tanah yang Diperoleh Berdasarkan Perjanjian Nominee Antar Sesama Warga Negara Indonesia Achmad Hariyadi; Rusdianto Sesung
Jurnal Selat Vol. 9 No. 1 (2021): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Nominee agreements related to land ownership in Indonesia occur a lot in terms of land ownership by foreign nationals. Until now, there is not a single statutory regulation that prohibits the existence of a nominee agreement if the legal subject is a fellow Indonesian citizen, thus giving birth to a norm vacuum (rechtsvacuum). This study analyzes the validity of nominee agreements with land objects made between Indonesian citizens. This research is normative legal research using a statute approach and conceptual approaches. The results of the study indicate that the nominee agreement made by fellow Indonesian citizens with an object in the form of land legally applicable in Indonesia is valid and binding for the parties bound by the agreement if it is carried out in accordance with the legal terms of the agreement stipulated in the Civil Code. As mentioned above, the provisions of Article 26 paragraph (2) of the Basic Agrarian Law, if interpreted as a contrario, can be concluded that it is not prohibited if the nominee agreement is made between Indonesian citizens.

PENEGAKAN HUKUM TERHADAP PERIZINAN REKLAME DI KOTA SURABAYA SESUAI PERWALI NO. 21 TAHUN 2018 Ovi Shinta Mayasari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 2 (2023): Volume 7 No 2 2023
Publisher : Fakultas Hukum Universitas Narotama

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Advertisements are promotional media in the field of services that aim to influence or attract the public in order to buy or pay attention to a particular product. There are many cases of violations against unlicensed billboards so that problems regarding advertisement tax in each region always seem to occur and raise many questions about the function of oversight of billboards that has been carried out so far. One of the efforts to control billboards is through the imposition of administrative sanctions. Administrative sanctions are the core of administrative law enforcement used by authorities as a reaction to non-compliance with state administrative law norms. This study aims to provide a description and academic recommendations related to the law enforcement of advertising licensing in the city of Surabaya. This study tries to discuss the form of holding billboards and imposing sanctions on violations of billboard licensing laws in the city of Surabaya. The conclusion of this study is that the form of holding billboards is a violation of technical provisions, billboards are not licensed, SIPR expires, billboards are blank material and taxes are in arrears as stated in Perwali No. 21 of 2018 which is the basis for the implementation of billboards in the city of Surabaya, while the imposition of sanctions for violations of advertising licensing laws by imposing administrative sanctions in the form of written warnings, freezing of SIPR, sealing of billboard buildings, revocation of SIPR, placing a cross on billboard material and/or publishing in the mass media; and/or demolition of advertisements. It is hoped that billboard organizers will comply more with the established rules so as to create legal awareness and reduce the risks arising from violations. The active role of various parties, both regional apparatus and the community, is also needed to control oversight of advertisement violations.Keywords: advertising violations, supervision, administrative sanctions

PENGELOLA KEUANGAN DAERAH YANG BERWENANG MELAKUKAN PERGESERAN ANGGARAN DALAM KEADAAN DARURAT Nina Anggreni; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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Local governments are required to always improve their adaptability, as an organization they must be able to make decisions, manage risks, encourage change and solve problems in their regions. Considering that budgeting adaptation is carried out with a fast response time, shifting the budget as an initial alternative can then be accommodated in budget changes. In order for local governments to maintain the principles of good governance, it is necessary to pay attention to the limits of authority that must be exercised by regional financial managers so that the implementation of budget shifts meets the criteria and complies with statutory provisions. This study aims to provide academic descriptions and recommendations for local governments in setting budget shift policies in emergencies. This study discusses the limits of authority and legal conformity for regional financial managers to shift budgets in emergencies. The conclusion of this study is that the regional financial manager's authority to shift the budget in an emergency is permissible, but full of limitations both on procedures or procedures, as well as limitations on authority. Meanwhile, legal conformity can be carried out in accordance with the provisions of Government Regulation Number 12 of 2019 concerning Regional Financial Management and Minister of Home Affairs Regulation Number 77 of 2020 concerning Technical Guidelines for Regional Financial Management. In order to perfect the implementation of the budget shift policy, a Regional Head Regulation concerning Procedures for Budget Shifts must be formed.Keywords: financial manager, budget shift, emergency.

KEWENANGAN PEMERINTAH DAERAH DALAM PELAKSANAAN PENGAWASAN DAN PENGENDALIAN KELAYAKAN FUNGSI BANGUNAN DI KOTA SURABAYA Dwiluna Setiaprameswari; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 3 (2023): Volume 7 No 3 2023
Publisher : Fakultas Hukum Universitas Narotama

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The development of the economy in the city of Surabaya has an impact on the rapid growth of building construction in the city of Surabaya. One of the Government's controls in ensuring the reliable implementation of building management is by issuing a Certificate of Proper Function to certify the feasibility of a building's function before it can be utilized. The Government's role in supervision and control must be carried out in order to ensure the fulfillment of building reliability aspects. This study aims to provide a description and analyze the authority of the Regional Government in carrying out supervision and controlling the feasibility of building functions in the city of Surabaya. This study tries to discuss the limits of the authority of the Regional Government on the implementation of supervision and control over the feasibility of building functions in the city of Surabaya and the imposition of sanctions on building owners who violate the feasibility of building functions based on the results of supervision and control by the Surabaya city government. The conclusion of this study is that the authority of the local government to supervise and control the feasibility of building functions in the city of Surabaya is limited by the period, area and substance of authority, while the forms of sanctions against building owners who violate the feasibility of building functions are based on the results of supervision and control by the Surabaya city government in the form of administrative sanctions, fines and criminal penalties. To apply fines and criminal sanctions, the Surabaya city government needs to develop a legal basis regarding the intent, purpose and scope of imposing sanctions and the procedures for implementing them.Keywords: feasibility of building functions, supervision and control

PENGENAAN SANKSI ADMINISTRATIF PELANGGARAN INTENSITAS PEMANFAATAN RUANG Abitya Indah Rosiani; Rusdianto Sesung
Jurnal HUKUM BISNIS Vol 7 No 1 (2023): Volume 7 No 1 2023
Publisher : Fakultas Hukum Universitas Narotama

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Spatial use control is carried out to realize spatial use in accordance with the spatial plan and implemented to encourage everyone to comply with the established spatial plan, utilize space in accordance with the spatial plan, and comply with the provisions stipulated in the requirements for space utilization activities. One of the ways to control the use of space is through the imposition of sanctions. This study aims to provide a description and academic recommendations for setting administrative fines for violations of the intensity of spatial use in the context of building construction in the city of Surabaya. This study tries to discuss the forms of violations of spatial use intensity and legal conformity in the imposition of administrative sanctions for violations of spatial use intensity against the construction of buildings in the city of Surabaya. The conclusion of this study is that the form of violation of the intensity of spatial use is a violation of the technical provisions as stated in the Description of the City Plan (KRK) which is the basis for preparing the building's technical plan, while the legal conformity is carried out when applying for a Building Permit and determined by a Regional Fines Decree (SKDD) ) with the amount of the administrative fine taking into account certain aspects. To apply fines for violating the intensity of spatial use, the Surabaya City Government needs to compile a legal basis regarding the procedures for imposing fines for violating the intensity of spatial use.Keywords: spatial use control, administrative sanctions.

KEWENANGAN PENERBITAN SERTIFIKASI PROFESI ADVOKAT OLEH ORGANISASI ADVOKAT (STUDI PUTUSAN MAHKAMAH KONSTITUSI No. 35/PUU-XVI/2018) Septino Guntur Pamungkas; Rusdianto Sesung; Zawida Ainia
Jurnal HUKUM BISNIS Vol 7 No 4 (2023): Volume 7 No 4 2023
Publisher : Fakultas Hukum Universitas Narotama

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The establishment of the Bar Association by Act No. 18 of 2003 on Lawyers has raised a debate as to which organization is recognized by the law. The decision of the Constitutional Court No. 35/Law-XVI/2018 on the Organization of Lawyers is the result of the material examination request submitted by a number of lawyers. The research method used is Normative research. The results of the research indicate that Peradi is the only container of the lawyer profession has eight authorities. The existence of advocacy organizations outside the existing Peradi cannot be prohibited as an expression of freedom of association and assembly guaranteed by Article 28 and Article 28E paragraph (3) of the 1945 UUD. Only, the lawyer's organization is not authorized to exercise those eight powers as contained in the MK Decision No. 66/Law-VIII/2010 dated 27 June 2011. Therefore, any action by a lawyer's organization other than PERADI that appears to be exercising one of the eight (eight) powers of PERADI granted by the Law on Lawyers is an act against the law that is detrimental to PERADI as the sole party entitled to such authority. Keywords: lawyers, advocates, lawyer organizations

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