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LEGAL REVIEW OF VILLAGE CASH LAND RENTAL AGREEMENTS Akup, Apriliyanto Juwan Sukmana; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1469

Abstract

The implementation of leasing village treasury land is a common practice in Indonesia. However, in practice there are legal problems that often arise related to the protection of the rights of the parties involved in it. The implementation of this lease activity is related to the construction of the Subang Smartpolitan Industrial Estate by a private company that has obtained an Industrial Estate Business License (IUKI) in Subang Regency. One of the villages affected by the development of industrial estates has assets in the form of village treasury land that will be changed in function through the ruilslag or exchange process. To regulate the use of land during the ruilslag administrative process, it is considered necessary to first carry out a lease agreement. This legal event highlights the importance of regulating land use changes in a transparent manner and in accordance with applicable regulations. This research uses the Normative Juridical approach method, which is a form of scientific activity, which is based on certain methods, systematics, and thoughts, aiming to study one or several specific legal phenomena. The implementation of the lease agreement for village treasury land is linked to the Regulation of the Minister of Home Affairs Number 3 of 2024 concerning Amendments to the Regulation of the Minister of Home Affairs Number 1 of 2016 concerning Village Asset Management. Several legal aspects that need to be considered in a lease agreement such as Legal Basis, Village Authority, Lease Agreement, Transparency and Openness, Coordination, Protection of Village Rights, Alignment with Development, Supervision and Accountability, Legal Education, Public Supervision. Legal consequences for the parties involved, namely Binding Agreement, Rights and Obligations of the Parties, Duration of Rent, Rent Payment, Land Use, Maintenance and Repair, Transfer of Lease Rights, Sanctions and Fines, Dispute Resolution and Restoration of Village Rights.
Legal Protection for Business Actors Regarding Shophouse (Ruko) Order Agreements at Sentraland Residence 2 Linked to Law Number 8 of 1999 Concerning Consumer Protection Chicka Aircheny; Rahmatiar, Yuniar; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.489

Abstract

Along with the increase in the number of developments nowadays, there are many property sales, in the form of offices and even shophouses which can be used as investments and business ventures for buyers. Shop houses are often used as residences as well as places of business, with a sale and purchase agreement between the consumer and the business actor to provide optimal benefits for the parties if they comply with the obligations in accordance with the agreed agreement. However, consumers do not fulfill their obligations to make shophouse payments. Actions carried out by consumers constitute acts of breach of contract. The identification of this research problem is how legal protection is for business actors regarding the agreement to order the Sentraland Residence 2 shop house and what are the legal consequences for consumers who have bad intentions towards business actors. This research uses normative juridical research methods with a statutory approach and a case approach. The conclusion of this research is that legal protection for business actors can claim their rights if they are harmed by consumers by filing legal action for compensation and legal consequences for consumers who have bad intentions, so consumers make compensation payments to business actors through court decisions in the form of remaining payment obligations, insufficient installments, late fees, and other transaction fees.  
Legal Protection for Heirs Against the Transfer of Land Ownership Rights Through Underhand Sales and Purchase Agreements Without the knowledge of the heirs (Study Decision Number 41/PDT.G/2020/PN CELL) Agus Antoni, Mochamad; Rahmatiar, Yuniar; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.416

Abstract

Referring to Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA), registration of land rights and the transfer of rights are regulated in Article 19 of the UUPA and its implementing regulations. A land certificate is official evidence that shows ownership status or rights to land. When the name of the land owner is on the land certificate or land deed registered by PPAT changes from seller to buyer, this is referred to as a transfer of property rights . However , it is still common for transfers of land rights to be carried out independently / privately without involving the authorities or without following established procedures . This can lead to legal uncertainty and potential problems regarding land ownership in the future. Normative juridical methods are used as the basis for research, descriptive analytical methods are the specifications in this research . Results: 1) Preventive legal protection and repressive legal protection are legal protection that can be provided in private land sale and purchase transactions . ­2) Based on Articles 1451 and 1452 of the Civil Code, the Panel of Judges decided in Decision Number 41/Pdt.G/2020/PN Sel , that the sale and purchase agreement for the disputed land object dated 5 June 2002 must be cancelled. Through this decision, the Panel of Judges provides legal protection through actual execution. The Defendants or parties who lose in the trial must return and hand over all the land that is the subject of the dispute to the Heirs (Plaintiffs). The land must be handed over in a vacant and free condition voluntarily.
Legal Review of The Determination of The Estimated Price As A Basis For Calculation of The Cost of Acquisition of Rights To Land and Buildings In The Sale and Purchase of Land and Buildings In Karawang Regency Dede Nurhayatie; Rahmatiar, Yuniar; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.476

Abstract

The reciprocal relationship established by humans involves engaging in legal transactions, such as buying and selling. According to the provisions of the prevailing laws and regulations in Indonesia, any transfer of rights to land and/or buildings is subject to taxation. Article 87, paragraph (1) of Law Number 28 of 2009 concerning Regional Taxes and Levies (commonly referred to as UU PDRD) stipulates that the basis for calculating the Acquisition Fee for Rights to Land and/or Buildings (BPHTB) is the Tax Object Acquisition Value (NPOP). The issue at hand pertains to how the appraised price is determined as the basis for calculating the acquisition costs of rights to land and buildings in land and building transactions within the Karawang Regency. The legal consequences of setting the appraised price as the basis for calculating these costs are as follows: Uncertainty in Calculation and BPHTB Amount: The lack of clarity in determining the appraised value may lead to uncertainty in calculating the BPHTB amount. Legal Consequences: Incorrectly assessing the appraised value can render the transaction invalid and void. Legal Violations: Failure by taxpayers to use the appropriate basis for assessment constitutes a legal violation. The qualitative research method employed in this study utilizes a Normative Juridical approach. Based on Law Number 28 of 2009, the Acquisition Fee for Rights to Land and Buildings has officially become a local tax. The purpose of transferring this fee is to enhance regional autonomy and support financial management for regional development.
Legal Protection for the Welfare of the Generation Z Exodus: A Constitutional Law Perspective in Fulfilling Constitutional Rights Nugraha, Tirta; Guntara, Deny; Rahmatiar, Yuniar; Fauziah, Margie Rahayu
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1288

Abstract

This study aims to examine legal protection for the welfare of Generation Z in the context of exodus or migration, both abroad and between regions, triggered by dissatisfaction with socio-economic conditions at home. From the perspective of constitutional law, Generation Z as part of Indonesian citizens has constitutional rights to work, education, and social welfare as guaranteed in Article 27 paragraph (2), Article 28C, Article 28D paragraph (1), and Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This study uses a qualitative method with a normative legal approach and descriptive-analytical specifications, with data collection techniques through literature studies of national laws and international legal instruments. The results of the study show that although the basic rights of Generation Z have been guaranteed in various laws, their implementation is still weak. High unemployment, unequal access to education and health, and minimal protection of the informal sector such as the gig economy, have encouraged the emergence of the Gen Z migration phenomenon, including through the hashtag "KaburAjaDulu". This reflects the state's failure to provide decent employment and social security. This study recommends regulatory reform with a progressive legal approach and data-based affirmative policies. The state needs to strengthen institutions such as BP2MI and ensure real legal protection for Generation Z through a legal political commitment to social justice.
Kajian Hukum Tata Negara Terhadap Perlindungan Hak Atas Tanah Dalam Konteks UU No. 5 Tahun 1960 Fakhrurrozi, Muhammad; Rahmatiar, Yuniar; Abas, Muhamad

Publisher :

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52947/morality.v11i1.957

Abstract

The Basic Agrarian Law (UUPA) was born as a response to the need for new agrarian law after the change of power from colonial to the Indonesian national government. UUPA aims to eliminate the legacy of discriminatory colonial law and create a more just and socially just agrarian system. This study aims to analyze the principles contained in Law No. 5 of 1960 concerning the protection of land rights and how the perspective of constitutional law on the protection of land rights according to Law No. 5 of 1960 concerning Basic Agrarian Regulations. This study uses a normative legal approach as the main method. The selection of this approach is intended to examine the construction of laws and regulations, basic legal values, and the views of legal experts in order to formulate solutions to the legal issues analyzed. The results of the study indicate that from the perspective of constitutional law, UUPA has fulfilled the fundamental elements, especially in relation to the principle of Grundnorm or basic norms, which in the Indonesian context refers to Pancasila. UUPA is in line with the constitution, especially Article 33 paragraph (3) of the 1945 Constitution, which emphasizes that the land, water, and natural resources are controlled by the state for the prosperity of the people. As a legal instrument, UUPA plays a role in ensuring justice in the control, utilization, and maintenance of land, especially for marginalized groups. However, despite upholding the values of social justice, equal rights, and legal certainty, the implementation of UUPA still faces various challenges, such as weak law enforcement and protection of vulnerable groups. Therefore, further efforts are needed in agrarian reform to ensure legal support for all Indonesian people in accordance with the basic principles of the state.
Dampak Pembayaran Elektronik Terhadap Perlindungan Konsumen Dalam Perspektif Undang-Undang No. 8 Tahun 1999 Tentang Perlindungan Konsumen Maryam, Zulfa Nurul; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono

Publisher :

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52947/morality.v11i1.963

Abstract

Studi ini dilantarbelakangi pada perkembangan teknologi informasi yang telah memicu perubahan penting dalam sistem transaksi, beralih dari pembayaran uang tunai ke sistem pembayaran elektronik yang lebih efisien. Meskipun menawarkan kemudahan dan kecepatan, perubahan ini juga membawa tantangan dalam hal perlindungan konsumen. Studi ini bertujuan menganalisis sejauh mana dampak sistem pembayaran elektronik terhadap perlindungan konsumen dan menilai ketentuan hukum yang diatur dalam Undang-Undang Nomor 8 Tahun 1999 mengenai Perlindungan Konsumen. Studi ini menerapkan metode yuridis normatif dengan pendekatan kualitatif melalui analisis terhadap undang-undang dan sumber-sumber hukum. Temuan penelitian menunjukkan bahwa pemakaian uang digital menghasilkan efek positif seperti peningkatan efisiensi, kemudahan dalam mengakses, dan keamanan dalam transaksi. Namun, tetap ada risiko negatif seperti kejahatan siber, keterbatasan teknologi, dan ancaman terhadap privasi data. Peraturan perlindungan konsumen menyediakan dasar hukum yang tegas untuk menjaga hak-hak konsumen serta tanggung jawab pelaku usaha. Konsumen berhak mendapatkan informasi, keamanan, dan kompensasi, sedangkan pelaku usaha berhak atas kepastian pembayaran dan perlindungan dari tindakan yang merugikan. Oleh sebab itu, perlu ada peningkatan pengawasan dan pendidikan untuk memastikan bahwa transaksi digital berlangsung dengan adil dan aman untuk semua pihak
Legal Protection for Workers Related to Layoff Cases Linked to Law Number 6 of 2023 Concerning Job Creation (Study of Supreme Court Decision Number 600 K/Pdt.Sus-Phi/2024) Putra, Affian Fandi; Abas, M; Rahmatiar, Yuniar
DE LEGA LATA: JURNAL ILMU HUKUM Vol 10, No 2 (2025): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v10i2.24485

Abstract

Layoffs can be defined as a permanent stop of work between the Company and workers/laborers, or when workers leave the Company that employs them, this research focuses on revealing how worker protection after the enactment of Law Number 6 of 2023 concerning Job Creation, as well as how the judge's consideration in deciding case number 600 K/Pdt.Sus-Phi/2024 in layoff cases. The research method is normative juridical sourced through primary, secondary, and tertiary legal materials, the main object of which is the Supreme Court's decision number 600 K/Pdt.Sus-Phi/2024, which is used to analyze the judges' considerations in layoff cases after the enactment of Law Number 6 of 2023 concerning Job Creation which rearranges the layoff mechanism by emphasizing legal protection, fair compensation, and social security for workers, but still leaves challenges in implementation and legal certainty, the Supreme Court stated that the layoff of Serefina L. Tobing must be qualified as a layoff. Tobing must be qualified as early retirement, and determine compensation in accordance with the provisions of article 56 of Government Regulation Number 35 of 2021, so that the Company is required to pay workers' normative rights fairly. Layoffs in the Indonesian labor system are still a complex problem and require fair legal arrangements. law number 6 of 2023 concerning job creation significantly changes the structure and mechanism of layoffs, the consideration of judges both at the first and cassation levels, has been carried out carefully, and in accordance with the principles of justice and applicable legal provisions. The Panel of Judges considered that Serefina L. Tobing met the requirements for early retirement as stipulated in the PKB and Government Regulation No. 35 of 2021.
Legal Protection of Copyrighted Dance Works as an Effort to Preserve Culture in Karawang District Pratiwi, Dwi Nuraeni; Rahmatiar, Yuniar; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1983

Abstract

An exclusive right that is born automatically inherent in a creator of a copyrighted work that has a real form by way of declaration is called copyright.  Regarding the art of dance is a creative work of gesture derived from the process of thinking and imagination gained from experience processed based on the ability and skill which is then realized into a real form. The legal basis for the protection of dance artworks is Law Number 28 of 2014 concerning Copyright. The identification of the problems of the research that the authors have carried out, namely about how the form of legal protection of copyrighted works of dance art in law - law number 28 of 2014 on copyright and how efforts made by dance artists in Karawang Regency to protect copyrighted works of dance art. In conclusion, among dance artists in Karawang Regency, Law Number 28 of 2014 concerning Copyright has not been implemented so that dance artworks in Karawang Regency have not been maximally protected, this is due to the lack of awareness of Karawang Regency dance artists to protect their work. So, further socialization is needed regarding the form of legal protection of copyrighted dance works regulated in Law Number 28 of 2014 concerning Copyright
Legal Analysis of Marriage Annulment Due to Identity Forgery in Mixed Marriages (Case Study of Karawang Religious Court Decision Number 3465/Pdt.G/2024/Pa.Krw) Mulyana, Adin; Amaliya, Lia; Rahmatiar, Yuniar
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1341

Abstract

The present study examines the legal implications of the dissolution of marriages that have been caused by the fraudulent misrepresentation of identity in the context of mixed marriages, with a particular focus on the analysis of the Court of Religious Affairs in Karawang's decision number 3465/Pdt.G/2024/PA.Krw. The objective of this study is to examine the legal implications and consequences of the dissolution of marriage. The research methodology employed is of a juridical-normative nature, encompassing both an empirical and a theoretical dimension. The present study's findings suggest that marital unions founded upon false identities, as exemplified by the utilization of pseudonyms and the fabrication of citizenship status by one party, do not satisfy the criteria for legality as outlined in Law Number 1 of 1974 concerning Marriage. The dissolution of the marriage in question results in the non-recognition of the marital status and joint assets of the couple. However, the ruling affirmed the legitimacy of the offspring from the aforementioned marriage for the purpose of safeguarding their legal rights. The present study underscores the pivotal role of administrative integrity and transparency in the documentation of mixed marriages, in conjunction with the proactive involvement of state officials in the prevention of any transgressions during the matrimonial process. Data certainly leads to transparency and minimizes the potential for fraud in the 2024 elections.
Co-Authors Abas, M Abas, Muhamad Abas, Muhammad Abbas, Muhamad Agus Antoni, Mochamad Akup, Apriliyanto Juwan Sukmana Amaliya, Lia Amanda Salsabila Surya Andri Susanto Andriani, Nina Anggraeni, Kiki Aprilia, Dinda Arafat, Zarisnov Ardiansyah, Ata Asnanda, Anggraeni Asyhadi, Farhan Atmaja, Annisa Tri Aulia, Salvia Nur Bintang S, Andi Muhamad Bintang, Muhamad Chicka Aircheny Dede Nurhayatie Dewi, Yogita Dhiafajaazka, Siti Fauziah, Margie Rahayu Febrian, M. Ibnu Firmansyah, Rifqi Adrian Guntara, Deny Handito, Angga Putra Lestari, Nopita Lestari, Widya Annisa Pudji Lubis, Adyan Lubis, Desi Lestari Machestian, Hario Bismo Maharani, Dennisya Maharani, Raden Bella Bintang Malau, Masnida Mardias, Deni Maryam, Zulfa Nurul Melliana, Melliana Muhamad Abas Muhammad Fakhrurrozi Mulyana, Adin Ningrum, Wulan Cahya Nugraha Putra, Muhamad Nugraha, Safaat Nugraha, Tirta Nugroho, Gynastiar Nurhidayah, Desyifa Oktapianti, Desi Ayu Padilah, Muhamad Pranata, Rifo Andi Pratiwi, Dwi Nuraeni Priyatna, Harariawan Putra, Affian Fandi Putri, Dinni Rizky Amalia Putri, Ina Malia Rahayu, Wulan Sri Ramadhan, Topani Rizki Rahmawati, Rizki Safitri, Diana Alpiani Sanjaya, Suyono Sanu, Primawan Yunior Saripudin, Asep Septian, Fazrian Sri Wahyuni Sudjadi, Agung Sutrisno, Sutrisno Syarif, Soultan Targana, Tatang Tasry, Nuzul Adnin Toha, Imam Sofii Ubaidillah, Nauval Viyanda, Karina Wahyudi, Rikes Wahyudi, Riyan Ade Wakono, Nur Wilianita, Ani Wiranata, Muhammad Ardi Yani, Abdul Yudda Ramadhan, Khelvin Yulianita, Donna Zaenury, Ahmad Goza Zahra Alfianti, Kartika