Wisnuwardhani, Diah Aju
Faculty Of Law - University Of Merdeka Malang

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Notary, public official or public official: implications for the position of notary Cahyani Aisyiah; Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 13, No 3 (2022): December 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i3.9012

Abstract

The issue to be discussed is whether there is a shift in the position status of a Notary to a Public Official. A notary is a General public Official according to Notary Office Law. Since Indonesia has acceded to the Apostille Convention, it is necessary to clarify the classification of the Notary position and its implications because the Convention applies to the legal product of Publik Officials. This study discusses whether there is a shift in the position of a Notary to a Public Official and its implications for the Notary Deed, considering the provisions regarding General Public Officials and Publik Officials, including the KIP Law. In conclusion, the classification of Notary occupation, for the sake of legal certainty, as stated in Notary Office Law, is General Public Official. From another perspective, if Notary is classified as a Public Official, this would not immediately force or make the Notary obligated to disclose the Notary Deed they made or the confidential information of the Parties who appear before the Notary.How to cite item: Aisyiah, C., Wisnuwardhani, D. (2022). Notary, public official or public official: implications for the position of notary. Jurnal Cakrawala Hukum, 13(3), 242-252. DOI:https://doi.org/10.26905/idjch.v13i3.9012.
Theoretical Study of Employment Issues Ardiansyah Hamid; Kadek Wiwik Indrayanti; Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i1.9873

Abstract

The problem raised in this research is regulating workers' rights and their protection in the Law. This study uses normative legal research methods with several approaches, namely the statutory and conceptual approaches. The results of this study state that the rights of workers/laborers are essential to implement because if workers and laborers are not given rights that are by human rights, then the work carried out by workers will not be able to run correctly. Whereas the contents of the manpower articles in the Law still have several normative problems, namely not yet providing guarantees of legal certainty for guarantees for the protection of workers' rights, such as determining proper wages and eligibility for severance pay. Likewise, with the provisions regarding layoffs, the Law only accommodates the interests of employers so that it can have implications for unilateral termination of employment relations with workers. The philosophical concept of Law is still co-opted with the liberal economic spirit, which is the fundamental basis for the birth of the Law, resulting in most people's rejection of the Law.How to cite item: Hamid, Ardiansyah, Kadek Wiwik Indrayanti, and Diah Aju Wisnuwardhani. “The Issue of Labor Law Versus Human Rights.” Jurnal Cakrawala Hukum 14 no. 1 (2023): 96-105. DOI: 10.26905/idjch.v14i1.9873.
Penyelesaian Wanprestasi dalam Pelaksanaan Perjanjian Jual Beli Sepeda Motor melalui Sistem Inden Ainun Sabrina; Diah Aju Wisnuwardhani; Sunarjo Sunarjo; Fadilla Dwi Lailawaty
Bhirawa Law Journal Vol 4, No 1 (2023): May 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i1.10340

Abstract

Buying and selling can be done in various ways, one of which is a sale and purchase agreement with an indent system, namely buying an item by ordering and paying a down payment in advance. The legal issues that will be analyzed in this study are several acts of default that occurred at the Honda Ahass KartikaSari Pasar Besar Malang, both committed by the seller and the buyer in a motorcycle sale and purchase agreement through an indent system. Like; delays in the arrival of motorbikes, damage to motorbikes, and unilateral cancellation of orders by buyers. This study uses an empirical juridical method with a case approach and a statutory approach. The results of this study state that if within the time limit the motor pivot ordered by the seller has not arrived, then the down payment will be returned in full, if there is initial damage to the motorbike, it will be replaced with new spare parts in the damaged part of the motorbike and if the buyer suddenly canceling purchases through the pivot system before the specified time period, the buyer is subject to a fine of Rp. 800,000.
Analisa Penerapan Restorative Justice pada Perkara Pencurian oleh Anak yang Berhadapan dengan Hukum Adi Herlambang; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11156

Abstract

Restorative justice is implemented in Law Number 11 of 2012 concerning the juvenile justice system which upholds the dignity of the child. The application of restorative justice to criminal acts by minors is a very interesting theory to study and research because in addition to discussing justice, restorative justice is also a balanced justice system because it can provide protection and appreciation as well as the interests of the victim and the perpetrator in conflict. . The formulation of the problem in this study 1. How is the application of Restorative Justice in the crime of theft by children who are in conflict with the law in the jurisdiction of the Banggai Luwuk Police, Central Sulawesi? 2. What are the obstacles in implementing Restorative Justice in the crime of theft by children who are in conflict with the law in the jurisdiction of the Banggai Police? The research method used is empirical legal research. Children who commit criminal acts of theft are in accordance with the provisions of law number 11 of 2012 concerning the juvenile justice system regarding the implementation of diversion. In the application of restorative justice / diversion efforts are always carried out for every child who becomes a perpetrator of a crime., secondly, the obstacles experienced by the police in implementing the principles of restorative justice at the Banggai Police include: the legal factor itself, law enforcement factors, namely parties those who form or apply the law, the factor of facilities or facilities that support law enforcement, the community factor, namely the environment in which the law applies or is stipulated.