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ANALISIS KONSEPSI PERALIHAN HAK ATAS TANAH HARTA BERSAMA (GONO GINI) MELALUI AKTA HIBAH TERHADAP PIHAK LAIN Sholihan, Sholihan; Munir, Ahmad; Kuncoro, Cipto; Wulan, Dewi Nawang; Nugroho, Akhmad Dwi Prasetyo
HUMANIS: Jurnal Ilmu-Ilmu Sosial dan Humaniora Vol 16 No 1 (2024): Januari
Publisher : LPPM UNISDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/humanis.v16i1.5941

Abstract

Law Number 1 of 1974 concerning Marriage actually does not provide a loophole for divorce because divorce has consequences not only related to the status of husband, wife, and children but also to property obtained in marriage. This study aims to examine the importance of joint property institutions regulated in positive law in Indonesia and whether the deed of land title grant from joint property made by a Notary and PPAT can be withdrawn by the grantor. This research is a normative legal research using a statutory approach and a concept approach. Based on the results of the discussion, it can be concluded that the importance of the institution of joint property is regulated in positive law in Indonesia because, in its development, the division of joint property after divorce decided by the court is not always divided in half, but also considers the contribution of the husband and wife in their domestic life. Land rights from joint property that belong to widowers or widows can be transferred to other parties by way of grants, and an authentic deed (Notarial Deed) is made. In principle, grants cannot be revoked or cancelled, but there are exceptions, for example, if the grantee does not meet the conditions of the grant.
PERJANJIAN KREDIT KENDARAAN BERMOTOR DENGAN FASILITAS PEMBIAYAAN MULTIGUNA TERHADAP ASAS KEBEBASAN BERKONTRAK Prasetyo, Muhamad Zanuar; Kuncoro, Cipto; Afiyah, Siti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3334

Abstract

BCA Multifinance provides consumer financing facilities (multipurpose financing) in the form of funding for the purchase of motor vehicles. Motor vehicle loan agreement with installment payments at PT. BCA Multifinance is carried out in writing in a standardized form. For this reason, it is necessary to research whether the motor vehicle loan agreement with multipurpose financing facilities between the financing company and the customer (consumer) does not conflict with the principle of freedom of contract. The research method used is a normative legal research method. The use of this normative legal research method is based on the consideration that the discussion of the issues raised is related to the legislation, namely the Civil Code, and legal documents that have relevance to the goods credit agreement with the multipurpose financing facility of PT. BCA Multifinance Lamongan. Motor vehicle loan agreement with multipurpose financing facility based on the principle of freedom of contract, everyone may make a contract that contains and of any kind. Likewise, the existence of a standard clause in a motor vehicle loan agreement must meet certain conditions, both general requirements and special conditions so that the contract is valid according to law.
Metode Omnibus Dalam Pembentukan Undang-Undang Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Kuncoro, Cipto
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4027

Abstract

The birth of a legal product in the form of Law Number 11 of 2020 concerning Job Creation has led to disagreement with its enactment by taking the judicial review route to the Constitutional Court. The decision stated that it was contrary to the 1945 Constitution of the Republic of Indonesia and did not have conditionally binding legal force as long as it was not interpreted as "revisions were not made within 2 (two) years since this decision was pronounced". This study aims to analyze the basis for using the omnibus method in the practice of forming laws and regulations in Indonesia and the implications of the Constitutional Court Decision Number 91/PUUXVIII/2020 for Law Number 12 of 2011 and the Job Creation Law. The type of normative legal research used in this research is a statutory approach, a case approach, and a conceptual approach in finding the basic rules in the 1945 Constitution of the Republic of Indonesia and Law Number 12 of 2011 in carrying out a formal review of the Job Creation Law. The results in this study are that the use of the omnibus law method in the practice of forming statutory regulations in Indonesia has been carried out for a long time, even since the Dutch East Indies government until now. It's just that what forms the basis for the practice of using the omnibus law does not refer to guidelines in law (the law on the omnibus law method) as standard, standard and definite guidelines, including the Job Creation Law which the Petitioners requested for a formal test to the MK with Case Number 91/PUUXVIII/2020. The implications of the Job Creation Law were declared conditionally unconstitutional. This means that the current status of the Job Creation Law is unconstitutional but temporary.
The Role of Farmer Groups in Preventing Corruption of Village Funds (A Case Study in Lamongan Regency): The Role of Farmer Groups in Preventing Corruption of Village Funds (A Case Study in Lamongan Regency) Sundari, Ariefah; Muslikh; Kuncoro, Cipto; Moh. Hudi; Afiyah, Siti
Jurnal Media Hukum Vol. 13 No. 2 (2025): Jurnal Media Hukum (JMH)
Publisher : Fakultas Hukum Universitas Tompotika Luwuk Banggai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59414/jmh.v13i2.1032

Abstract

This study aims to analyze the role of farmer groups in preventing corruption of village funds, using a case study in Manyar Village, Lamongan Regency. The research employs a combination of normative and empirical legal approaches by examining relevant legal regulations and field findings based on direct community involvement. The results reveal that while the disbursement and use of village funds procedurally comply with existing laws, community participation in budget oversight remains limited. Farmer groups, traditionally perceived as agricultural production units, have demonstrated potential as informal agents in monitoring village projects. These findings indicate that their involvement in verifying physical project implementation and reporting discrepancies has helped reduce the risk of corruption. The scientific contribution of this research lies in recognizing local actors as key players in participatory governance and grassroots-based integrity systems. The study advocates for policy reforms that formally integrate farmer groups into village fund oversight frameworks to promote greater transparency and accountability in rural financial governance.
The The Role Of Village Government Officials (Village Head) In Addressing Domestic Violence Crimes: Peran Pejabat Pemerintahan Desa (Kepala Desa) dalam Menangani Kejahatan Kekerasan Dalam Rumah Tangga Sundari, Ariefah; Hayati; Kuncoro, Cipto; Bagus, Shalahuddin Serba
Jurnal Media Hukum Vol. 13 No. 2 (2025): Jurnal Media Hukum (JMH)
Publisher : Fakultas Hukum Universitas Tompotika Luwuk Banggai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59414/jmh.v13i2.1040

Abstract

This article examines the role of village government officials, particularly the village head, in addressing Domestic Violence (DV) crimes at the local level. Despite the presence of formal legal mechanisms under Law No. 23 of 2004 on the Elimination of Domestic Violence, cases of domestic abuse continue to increase, including in rural areas such as Ngarum Village, Sekaran District, Lamongan Regency.The purpose of this research is to explore the position of domestic violence as a lex specialis relative to the general provisions of assault under the Indonesian Penal Code, and to identify how village heads contribute to resolving such crimes without always resorting to the judiciary process.This study uses normative legal research with a conceptual and statutory approach. Data were collected from relevant laws and legal doctrines, supported by qualitative analysis of cases in Ngarum Village.The findings of this research show that domestic violence is legally classified as a special criminal offense (lex specialis) distinct from general assault. Moreover, the study reveals that village heads play a strategic role in facilitating early mediation, community reconciliation, and legal awareness to prevent further escalation. This contributes to a deeper understanding of local governance mechanisms in handling sensitive legal issues at the grassroots level.