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Unlawful Acts According to Civil Law and Criminal Law Aditya, Agung; Rakhmatika, Devi; Faradany Saputri, Nabila
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.78483

Abstract

Land grabbing is not a new phenomenon and has occurred in Indonesia. The term "land grabbing" refers to the act of seizing rights or property arbitrarily, without adhering to laws and regulations, such as occupying land or houses that do not belong to the perpetrator. Unlawful land grabbing constitutes a legal violation and can be categorized as a criminal act. If the act is intentionally committed by someone who seizes the land of others, Article 167 of the Criminal Code (KUHPidana) may be applied. Meanwhile, the civil law aspects encompass Article 1365 and Article 1366, as in cases of land grabbing, there are parties who suffer losses and are entitled to compensation for the damages incurred.
Legal Protection Regarding the Absentee Sale and Purchase of Agricultural Land in Pekalongan City, Central Java Aditya, Agung; Wibowo, Dwi Edi; Prematura, Aditya Migi; Yazid, Ahmad
Law Research Review Quarterly Vol. 11 No. 1 (2025): Justice, Crime, and Law Enforcement in Various Contexts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i1.22285

Abstract

The objective of this study is to examine and analyze the considerations used by the Land Office of Pekalongan City in rejecting applications for the transfer of ownership rights over agricultural land in Pekalongan City, Central Java. Additionally, this study aims to explore and analyze the resolution of issues related to the sale and purchase of agricultural land that do not meet the minimum land area requirements stipulated by law. This research adopts a descriptive approach with an empirical juridical method. The study involves library research to obtain secondary data through document analysis, while field research is conducted to gather primary data through interviews with research subjects using structured interview guidelines. The analysis employed in this study is qualitative and presented descriptively. Based on the anticipated findings, the author expects that the considerations used by the National Land Office include the following: first, the land is being purchased by a buyer who resides outside the subdistrict where the agricultural land is located, with a distance of approximately nine kilometers between the land and the buyer’s residence. The second consideration pertains to the land size, as the object of the sale measures less than two hectares. To address these issues, buyers may pursue several resolution strategies. One approach is to designate one among them as the sole owner or transfer ownership to another party, in accordance with Article 9(2) of Law No. 56 Prp of 1960. Another possible solution is land conversion through drainage, as the land in question does not fall within a designated green area.
Implementation of the Bullying Box and Establishment of Prevention Team to Address Bullying Cases at SMA Islam Al-Azhar 30 Salatiga Cahya Wulandari; Sukadari, Sukadari; Winarsih, Winarsih; Rahmayani, Chanidia Ari; Hassan, Muhamad Sayuti; Aditya, Agung
Jurnal Pengabdian Hukum Indonesia Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.26400

Abstract

Bullying in Indonesia is increasingly on the rise, especially among children and teenagers, and most of it occurs in school environments. Bullying that occurs to a student will affect their psychological and social development and raise concerns about their health in the future. The problem faced by the students of SMA Islam Al-Azhar 30 Salatiga is the prevalence of bullying experienced by students, perpetrated by their own peers, both individually and in groups. This is due to the students' lack of knowledge, which stems from insufficient attention and education about bullying provided by parents and the school. The service team help solve the Partner's problem by creating a bullying box as a place for students to report bullying behavior they have experienced, witnessed, or heard, and by forming a bullying prevention and resolution team or violence prevention team. The purpose of this activity is to help prevent and resolve bullying among students at SMA Islam Al-Azhar 30 Salatiga.
Anarkhisme sebagai Gejala Sosial Aditya, Agung; Oliver Tanaka
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7117

Abstract

The situation of anarchism in Indonesia is a result of a conflict between state law and living law and is due to social, economic, and political inequality. This study seeks to understand anarchism, not only as a criminal act, but as a socio-legal condition consisting of a structural complaint and a crisis of legal legitimacy. To understand how state law, living law, and social order interconnect to cause the oppressed to act anarchistically, the study uses empirical legal research along with a socio-legal approach and legal literature research. The results of the study show social inequality coupled with arbitrary law enforcement results in a loss of legal legitimacy which arguably weakens the law and transforms it into a tool of oppression rather than a tool of justice. Thus, people’s resistance to structural injustices is expressed in the form of legal defiance. An enhanced model of legal responsiveness is warranted which consists of participative regulatory adjustments, the integration of restorative justice, the broadening of justice system gates, oversight of economic policy, and the digital revolution. The system change, to comply with the demands of justice and social order, places the consolidation of a responsive legal system, and not a repressive one, as a necessity of legal and socio-political order.
Halal Certification Challenges in Pekalongan City's MSMEs: Tantangan Sertifikasi Halal di UMKM Kota Pekalongan Wibowo, Dwi Edi; Prematura, Aditya Migi; Aditya, Agung; Maulana, Jaya
Indonesian Journal of Innovation Studies Vol. 24 (2023): October
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v25i.959

Abstract

This study investigates the implementation and impact of halal certification within Micro, Small, and Medium Enterprises (MSMEs) in Pekalongan City, primarily focusing on the role of the Majelis Ulama Indonesia (MUI) in facilitating and ensuring compliance with halal certification. Utilizing a mixed-method approach, encompassing juridical-normative and juridical-empirical research techniques, we scrutinized both the legislative framework and its real-world application within Pekalongan's food and beverage MSME sector. The data revealed that the halal certification process is hindered by several factors, including insufficient human resources and a pervasive lack of understanding and awareness regarding the necessity and implications of halal certification among MSME actors. Notably, the current level of law awareness pertaining to halal certification in Pekalongan City remains suboptimal. This shortfall suggests an urgent need for enhanced educational and socialization efforts to bolster legal consciousness and promote compliance. Additionally, the research underscores a pivotal role for the MUI, not just in terms of routine inspection and conflict resolution but also as a collaborative agent working with various institutions like BPOM, the Ministry of Religion, and law enforcement agencies to safeguard consumer rights and uphold religious and legal standards. These findings stress the need for concerted multi-agency efforts to foster a more inclusive and knowledgeable halal-certified product ecosystem in Pekalongan City.Highlights: Awareness Gap: Significant lack of understanding about halal certification necessities and procedures among MSMEs in Pekalongan City. Resource Shortfall: Insufficient human resources hinder the optimal implementation of the halal certification process. MUI's Central Role: MUI's pivotal role in enhancing the halal certification process, fostering compliance, and protecting consumer rights. Keywords: Halal Certification, Pekalongan City, MSMEs, Consumer Protection, Majelis Ulama Indonesia (MUI).
Accountability of a Notary in Court for Underhand Deed Legalized by a Notary Aditya, Agung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1727

Abstract

This research aims to provide an explanation of the responsibility of notary public in the Court of deed under the hands of a notary public, facts in the field show that a Notary is often called to the court to give testimony on the evidence of the trial, namely a letter under the hand legalized by the notary, therefore there needs to be an explanation of the notary's liability for the deed made or legalized. Notary responsibility for deed under legalized hands is heavier than waarmerking, because the parties sign before notary public where notary does not ascertain the content of a deed whether it is wrong or true. Although only legalization but the deed under the hand has the value of being a valid and strong evidence in court so that sometimes dragging a notary witness in the trial. Notary can be subject to criminal sanctions if they are proven to have harmed one of the parties and the Notary can also be subject to civil sanctions in the form of compensation according to what was suffered by the parties.
Consumer Protection Against Standard Clauses in Business Transactions Through E-Commerce Prematura, Aditya Migi; Suryani, Suryani; Aditya, Agung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2709

Abstract

Standard agreements or standard agreements aim to provide convenience or practicality for the parties in conducting transactions, especially in the business sector. Problems will arise when consumers in electronic business transactions face standard agreement formulas in which many standard clauses require consumers to agree. In practice, currently, no e-commerce platform does not use standard agreement formats and clauses in transactions with consumers. This form of the agreement positions the consumer as a party that has no bargaining power, so whatever the contents of the standard agreement are, inevitably must be agreed upon, even though basically the consumer knows that the contents of the agreement are burdensome to him. The problem under study is how is the legal protection of consumers involved in standard agreements with the exoneration clause in a business transaction through electronic media (e-commerce). The research method used is a normative legal research method with a statute approach, a conceptual approach, and the views of experts related to the problem. The results of the study show that standard contracts containing exoneration clauses have legal consequences for consumers, namely the responsibility that should be borne by business actors becomes the responsibility of consumers. The Consumer Protection Law requires business actors to immediately adjust the standard contracts used with the provisions of the law, but in practice, this is difficult to do.
Dayak Ngaju Traditional Marriage, Central Kalimantan: Concept and Juridical Review Aditya, Agung; Wulandari, Cahya; Aryani, Fajar Dian
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2724

Abstract

This study aims to provide an explanation of the marriage system that exists in the Dayak Ngaju tribe, Central Kalimantan, and to explain that the Dayak Ngaju tribe has redundant customary institutions that have been recognized in the Regional Regulation of Central Kalimantan Province Number 16 of 2008 concerning Central Kalimantan Dayak Customary Institutions. Traditional marriages carried out by the community are used as a cultural characteristic of the Ngaju Dayak people, the existence of a Dayak Traditional Institution can strengthen traditional marriage because Dayak Traditional Institutions have rules and conditions that must be fulfilled by both men and women. If the rules or conditions are violated later will be obliged to pay a material fine. The purpose of holding a marriage agreement because it is to maintain the preservation of customs so that no divorce occurs. Because basically in all religions divorce is prohibited in a marriage, and the existence of a marriage agreement can be used as a guideline in a household so that they have the fear of not easily carrying out a divorce, because, in the marriage agreement, the parties must carry out the contents of the marriage agreement one way or another. parties must be able to pay the fine or singer