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Perlindungan Hukum Terhadap Pemenang Lelang Beritikad Baik yang Risalah Lelangnya dibatalkan Oleh Pengadilan Dedy Suwandi; Agus Saiful Abib; Tumanda Tamba S.P.
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1048

Abstract

Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land provides an opportunity for someone to be able to guarantee land and/or buildings for debts and receivables that they agree to. This mortgage right gives creditors the right to obtain repayment of certain money and gives them a priority position compared to other creditors. If the debtor breaks his contract, the creditor holding the first mortgage right has the right to sell the object of the mortgage right under his own authority through a public auction, and take payment of his receivables from the proceeds of the sale. The auction is often used as a lawsuit for third parties who have an interest in the collateral object being auctioned. Apart from that, the lawsuit also includes the Auction Minutes prepared by the Auction Officer. However, the Auction Minutes as an authentic deed are often canceled and considered to have never existed. When this happens, the auction winner becomes the party who suffers the most losses. As the auction winner has good intentions, he should receive protection for his ownership rights over the auction object.
The Effectiveness of Administrative Sanctions in Promoting Legal Compliance in Indonesian Legislation Dedy Suwandi; Wafda Vivid Izziyana
Realism: Law Review Vol. 4 No. 1 (2026): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v4i1.129

Abstract

Administrative sanctions play an important role in promoting legal compliance within Indonesian administrative law, yet their effectiveness remains limited due to inconsistencies between normative design and enforcement practice. This study addresses the need for a more systematic understanding of administrative sanctions by examining their normative structure across sectors and evaluating their practical implementation. The research adopts a socio-legal approach that prioritizes normative legal analysis, supported by limited empirical insights from interviews and secondary legal materials. The analysis is guided by a theoretical framework that integrates legal substance, institutional structure, and legal culture. The findings show that administrative sanctions are formally structured through a graduated model, but their application is often inconsistent, with weak escalation, limited monitoring, and fragmented institutional coordination. As a result, sanctions tend to function symbolically rather than as effective instruments of compliance. The study proposes a theoretical model of administrative sanction effectiveness based on the alignment of normative coherence, institutional capacity, and enforcement legitimacy. Strengthening this alignment is essential for transforming administrative sanctions into reliable tools of regulatory governance and achieving sustainable legal compliance.
Polemik Penataan Kota: Tinjauan Yuridis terhadap Pelaksanaan Relokasi Warga Bantaran Sungai Banjir Kanal Kota Semarangdalam Proyek Normalisasi Dedy Suwandi; Acel Novrikar
Hukum dan Masyarakat Madani Vol. 15 No. 1 (2025): Mei
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/humani.v15i1.12133

Abstract

Semarang City's East Flood Canal (BKT) normalisation project aimed at flood control caused polemics when it led to the eviction of 97 families in Tambakrejo without proper relocation first. Despite an agreement facilitated by Komnas HAM in 2018 that the eviction would not be carried out until replacement housing was available, the facts on the ground showed a violation of the agreement. This phenomenon reflects the conflict between the legality of government action and the social rights of the urban poor. This research aims to review the juridical aspects of the implementation of relocation of riverbank residents in the BKT normalisation project, as well as to assess the suitability of the policy with the principles of responsive spatial law and social justice. The approach used is normative juridical with a review of laws and regulations, legal decisions, official documents, and analysis of media coverage. The results show that although the eviction action has a legal basis in Semarang City Regional Regulation No. 5/2017 on Public Order, its implementation does not consider the right to housing and procedural justice for affected residents. The government emphasises repressive rather than dialogical and solution-based approaches. The conclusion of this research states that the enforcement of spatial planning law in Semarang City has not fully reflected the principle of responsive law as idealised by Nonet and Selznick. A reformulation of urban planning policy that integrates legality with social justice is needed to protect the rights of the urban poor affected by relocation. Keywords: Canal Flood; Agrarian Law; Social Justice; River Normalisation; Forced Relocation.
REAKTUALISASI NILAI-NILAI PANCASILA DI MADRASAH ALIYAH NAHDLATUL ULAMA DEMAK DALAM PERSIAPAN PEMILU 2024 Dedy Suwandi; Muhammad Junaidi; Efi Yulistyowati; Stefani Dewi Rosaria
KADARKUM: Jurnal Pengabdian Kepada Masyarakat Vol. 4 No. 2 (2023): Desember
Publisher : Fakultas Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/kdrkm.v4i2.8040

Abstract

The values of Pancasila as a guideline for Indonesian citizens to make Pancasila a guiding spirit in running the governance of personal and social life of the nation and state. Pancasila as a spirit to carry out the value of national values is truly an inclusive social virtue, inspiring, uniting and liberating all social groups, ethnicities, religions, languages and aspirations of national life in the midst of society. The values of Pancasila are currently discussed regarding the virtues in the preparation of elections for novice voters. Pancasila every time the ceremony is often mentioned together but the values in Pancasila most do not know in full so that the values in Pancasila need to be re-applied so that it enters into the inner spirit of the students at MA NU Demak. Exploring the values of Pancasila as a guideline in the election can certainly serve to integrate diversity (diversity) despite different choices but still unite. The values of Pancasila are needed to anticipate and face a series of problems in the election including the spread of fake news, black campaigns, and money politics. This can be anticipated when the soul in every human being is instilled with the seeds of love for the country. The spirit of nationality reminds us of the importance of commitment, loyalty of every child of the nation to remain consistent in the fundamental orientation of national life, the love of one homeland, one language and one nation Indonesia.
Pemahaman Penyelesaian Sengketa Tanah Melalui Mekanisme Non Litigasi Dan Litigasi Kepada Masyarakat Di Kelurahan Penggaron Lor Kota Semarang Dedy Suwandi; Dharu Triasih; Endang Setyowati
KADARKUM: Jurnal Pengabdian Kepada Masyarakat Vol. 6 No. 1 (2025): Juni
Publisher : Fakultas Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/kdrkm.v6i1.11969

Abstract

The resolution of land disputes through non-litigation and litigation mechanisms is a common issue faced by the community, especially concerning inheritance and land boundary problems that involve families and local environments. In Penggaron Lor Village, Genuk District, Semarang City, many residents lack a deep understanding of these two mechanisms, despite their importance in choosing the appropriate dispute resolution path based on the context and needs of the parties involved. To address this, the Faculty of Law of Semarang University carried out a community service program to educate the public about both litigation and non-litigation land dispute resolution mechanisms. The method used in this program is a normative-prescriptive approach, utilizing legal, historical, and conceptual perspectives. The community service activities consisted of a pre-test to assess initial knowledge, a lecture on litigation and non-litigation mechanisms, and a question-and-answer session to deepen participants' understanding. The results of the program indicate that most people in Penggaron Lor Village are not fully aware of how to resolve land disputes through either litigation (court) or non-litigation (such as mediation and conciliation) methods. However, the majority of participants prefer non-litigation resolution methods as they are considered more efficient and help maintain good relationships between the parties involved in the dispute. Additionally, some community representatives are expected to become follow-up counselors, spreading this knowledge to a wider audience. Keywords: Land Dispute; Litigation; Non-Litigation.