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All Journal Ensiklopedia of Journal Unes Law Review Ensiklopedia Social Review Ensiklopedia Education Review Legalitas: Jurnal Hukum Ekasakti Jurnal Penelitian dan Pengabdian (EJPP) UNES Journal of Swara Justisia TOFEDU: The Future of Education Journal Jurnal Ilmiah Ekotrans & Erudisi (JIEE)
Naldi Gantika
Universitas Ekasakti
Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Other

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PELAKSANAAN EKSEKUSI TERHADAP BARANG JAMINAN YANG TIDAK MEMILIKI AKTA FIDUSIA BERDASARKAN PUTUSAN NO. REG. 81/Pdt.G/2018.PN.Pdg Tiara, Dora; Gantika, Naldi
UNES Journal of Swara Justisia Vol 4 No 1 (2020): Unes Journal of Swara Justisia (April 2020)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v4i1.140

Abstract

Financial institutions and banks provide financing for consumers, leasing, factoring. They generally use the procedure of the agreement which includes a fiduciary guarantee for fiduciary security objects. In practice, financial institutions provide movable goods requested by consumers. Consequently the debtor surrenders to the creditor in a fiduciary manner. Implementation of the executorial title by PT. Mandiri Tunas Finance is not through a court decision or fiduciary guarantee certificate, but only based on a power of attorney and agreement made by the collector . The sale of fiduciary collateral objects carried out by PT. Mandiri Tunas Finance does not go through public auctions but through separate sales; and Underhanded sales are not based on the agreement of both parties, the agreement is only based on PT. Mandiri Tunas Finance so that it harms the consumer. Actions taken by PT. Mandiri Tunas Finance does not provide legal certainty to both parties. The act of execution was carried out solely to safeguard assets regardless of legal certainty of the rights of consumers / debtors contained in fiduciary security objects in the form of car vehicles. Legal constraints of not registering the agreement are that execution cannot be carried out, based on Article 3 of the Minister of Finance Regulation No. 130 / PMK.010 / 2012 stating that finance companies are prohibited from withdrawing fiduciary objects in the form of motorized vehicles if the Fiduciary Registration Office has not issued a guarantee certificate fiduciary and hand it over to the finance company. With these provisions, PT. Mandiri Tunas Finance cannot execute if it does not register fiduciary collateral objects because without the registration of fiduciary collateral objects the fiduciary guarantee certificate cannot be issued.
Analysis of the Strength of Evidence of Witness a De-Charge Against the Judge's Decision Regarding the Release of the Defendant in a Tax Crime (Study of Decision Number 97/Pid.Sus/2023/PN Pdg) Musta, Arif Paria; Yulinda, Kiki; Gantika, Naldi
Jurnal Ilmiah Ekotrans & Erudisi Vol. 4 No. 1 (2024): June 2024
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69989/y93z7b80

Abstract

This research examines the strategic significance of defense witnesses in impacting judicial rulings in cases of tax offenses, as illustrated in Decision Number 97/Pid Sus/2023/PN Pdg. A defense witness is a witness enlisted by the accused to undermine or challenge the allegations put forth by the prosecution to lessen or acquit the accused from legal liabilities. In this particular instance, the defense witness delivered pivotal testimony indicating that a third party had settled the tax in question unbeknownst to the defendant. Such testimony played a critical role in the judicial deliberations, convincing the judge to establish that the essential requirements of the charges were not fulfilled, resulting in the defendant's total clearance. This examination reveals that the testimonial influence of defense witnesses carries substantial weight in the adjudicatory process, particularly in intricate scenarios like tax offenses, where robust and credible evidence holds utmost importance. The ruling of the judge to clear the accused stemmed from the non-fulfillment of the requisites causing financial loss to the state, as stipulated in Article 191 Paragraph (2) of the Criminal Procedure Code. Hence, the findings of this research affirm the vital and strategic function of defense witnesses in shaping the ultimate resolution of a criminal lawsuit, especially within tax legislation necessitating thorough and impartial scrutiny of evidence.
TINJAUAN TERHADAP TRANSAKSI KONTRAK PERPINDAHAN PEMAIN SEPAK BOLA CLUB SEMEN PADANG F.C naga, Naldi Gantika; fahrul, Fahrul Yuwanda
Ekasakti Jurnal Penelitian dan Pengabdian Vol. 1 No. 1 (2020): (EJPP) Ekasakti Jurnal Penelitian & Pegabdian (November 2020 - April 2021)
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ejpp.v1i1.93

Abstract

Football fame is no longer just a game or a physical sport, but football has become a profitable business for some. No exception in Indonesia, the popularity and existence of the business in it have made the foot sport intensively held in villages, cities with the format of village tournaments or better known as Tarkam until an official competition under the PSSI was called Liga 1. A tantalizing profit for those who are involved in football is one of the bases for entrepreneurs or millionaires to establish young football academies, invest, and establish professional clubs.
PELAYANAN PUBLIK BAGI PENYANDANG DISABILITAS DI KOTA PADANG Fatmawanti, Besse; Gantika, Naldi
UNES Law Review Vol. 2 No. 2 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.109

Abstract

Research is important written in a journal is caused by several reasons: First , fulfillment of public services, especially for persons with disabilities, is an obligation and responsibility of the government in terms of fulfillment, both in the form of public services in the form of roads and sidewalks that are useful for the movement of persons with disabilities or for their mobility from one place to another, as well as supporting life supporters of disability. Article 2 of Law No. 39 of 1999 concerning Human Rights states that the Republic of Indonesia recognizes and upholds human rights and basic human freedoms as rights which naturally inherit to and are inseparable from humans, which must be protected, respected and enforced for the sake of increasing human dignity . Then it is also regulated that the right to protect, respect and uphold human rights is the government and in full in Article 71 of Law No. 39 of 1999 concerning Human Rights stated that "the Government is obliged and responsible to respect, protect, enforce and promote human rights regulated in this law, other laws and regulations, and international law on human rights received by the Republic of Indonesia. And it should not be forgotten also Article 72 which reads that the obligations and responsibilities of the government as referred to in Article 71 include effective implementation steps in the legal, political, economic, social, cultural, defense and security fields of the state and other fields. At least, there are 10 types of rights regulated in Law No. 39 of 1999 concerning Human Rights, a) the right to life, b) the right to family and continuing descent, c) the right to self-development, d) the right to justice, e) the right to personal freedom, f) the right to security, g) the right to welfare, h) the right to welfare, i) the right to participate in government, j) the right of women, k) the rights of the child.
PEMETAAN DAN ANALISA KONFLIK ANTARA MASYARAKAT DESA MENAMANG KIRI DAN PT SURYA HUTANI JAYA KABUPATEN KUTAI KARTANEGARA KALIMANTAN TIMUR Gantika, Naldi
UNES Law Review Vol. 2 No. 4 (2020)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i4.134

Abstract

The urge for a peaceful and fair settlement of forestry conflicts also encourages business actors in the Indonesian forestry sector to develop conflict resolution mechanisms through dialogue and mediation processes through both mandatory (mandatory) and voluntary (voluntary) mechanisms. The commitment to apply the principle of FPIC (Free, Prior and Informed Consent) or free consent without coercion along its industrial supply chain (Supply Chain) has been declared by plantation companies under the banner of the APP (Asian Pulp and Paper) or Sinar Mas forestry (SMF) group and the APRIL group (Asia Pacific Resources International Limited). Not only that, the commitment to maintaining High Conservation Values ​​contained in the company's work area was also expressed by the two major groups of players in the plantation forest industry in Indonesia. This condition has created opportunities for improved access and relations between the conflicting parties. In East Kalimantan, Conflict Mapping and Analysis was carried out in Menamang Kiri Village, Muara Kaman District, Kutai Kertanegara Regency. In the spatial mapping analysis that was carried out, part of the village of Menamang Kiri was within the concession of PT Surya Hutani Jaya (PT SRH), a wood supplier to APP. Mapping and Conflict Analysis is focused on extracting information related to governance and land management by PT SRH and the people of Menamang Kiri Village, conflicts or potential conflicts that arise and the parties involved, the perceptions of each party related to differences in interests, and policy analysis.
The Contribution of Islamic Law as One of the Sources of National Law in the Formation and Development of Agrarian Law in Indonesia Gantika, Naldi; Asasriwarni, Asasriwarni; Ikhwan, Ikhwan
The Future of Education Journal Vol 4 No 8 (2025): #2
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v4i8.1185

Abstract

The development of National Strategic Projects (NSP) requires a substantial amount of land. However, the land acquisition process in Indonesia often encounters the complexity of legal pluralism, particularly in regions where customary law remains deeply rooted, such as West Sumatra, Jambi, and Riau. In West Sumatra, communal and sacred ulayat rights pose significant challenges to the implementation of land acquisition under Law No. 2 of 2012. Similarly, in Jambi and Riau, various forms of customary land rights remain fundamental to local decision-making, which often diverges from state law. This study examines the dynamics of interaction between state law and customary law in NSP land acquisition through a comparative approach. The findings reveal that disharmony between these two legal systems can trigger agrarian conflicts and social resistance, potentially obstructing development. Nevertheless, legal pluralism also provides opportunities for negotiation, adaptation, and the creation of more inclusive models of legal harmonization. This study emphasizes the importance of participatory and responsive approaches in national agrarian policy to ensure that NSP development proceeds in a just manner while respecting local wisdom.
Co-Authors Arif Paria Musta Asasriwarni Asasriwarni Besse Fatmawanti Besse Patmawanti Devirianti Effendi Dora Tiara fahrul, Fahrul Yuwanda Fatmawanti, Besse Fitriyani, Cici Ikhwan Ikhwan Netrivianti Novianti Novianti