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All Journal Yustitiabelen Journal of Humanities and Social Studies Devotion: Journal of Research and Community Service INJURITY: Journal of Interdisciplinary Studies
Neltje Saly, Jeane
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Arts Humanities Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Akselerasi Hukum Adat: Penerapan Prinsip Free, Prior, Informed Consent (FPIC) bagi Masyarakat Adat. Neltje Saly, Jeane; Ocarina Fae, Majolica; Kinanti, Lamsiur; Gracia, Gracia
Yustitiabelen Vol. 10 No. 1 (2024): Januari, 2024
Publisher : Universitas Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36563/yustitiabelen.v10i1.923

Abstract

Penggunaan hak Free, Prior, Informed Consent (FPIC) oleh masyarakat adat untuk menentukan nasib mereka sendiri, terutama terkait hak atas tanah dan wilayah mereka berdasarkan pertalian adat dan hubungan sejarah, menjadi fokus perhatian dalam penelitian ini. Kepastian keputusan yang berdasar prinsip FPIC, keterlibatan pihak luar dan pemahaman yang baik dari masyarakat adat tentang prosedur pengambilan keputusan dan implikasinya diperlukan. Penelitian ini menggunakan metode penelitian hukum normatif atau doktrinal dengan pendekatan undang-undang dan kasus. Data yang digunakan terdiri dari data primer dan data sekunder. Hasil penelitian menunjukkan keragaman tingkatan pengakuan hak masyarakat adat terhadap tanah dan penerapan prinsip FPIC di berbagai negara, sesuai dengan hukum masing-masing negara. Masyarakat adat dapat memastikan proses berbasis FPIC berjalan dengan baik melalui persiapan proaktif dan pengambilan keputusan yang hati-hati. Prinsip FPIC diharapkan menjadi bagian dari strategi yang lebih luas untuk menjaga hak-hak dan kehidupan masyarakat adat serta memberikan mereka kebebasan menentukan nasib sendiri.
The Authority Of The House Of Representatives In The Dismissal Of Constitutional Court Judges Based On The Constitution Of The Republic Of Indonesia Veldrin Pua, Brendah; Neltje Saly, Jeane
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 6, No 3 (2022): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v8i1.8228

Abstract

This study aims to analyze the authority of the House of Representatives (DPR) regarding the dismissal of Constitutional Court (MK) judges based on the constitution of the Republic of Indonesia. This research focuses on the impeachment mechanism, which is the legal basis for removing Constitutional Court judges who have seriously committed violations. The research method used normative legal research with a document analysis approach. The data consists of the constitution, laws, and regulations related to the House of Representatives authority regarding removing Constitutional Court judges. Data were collected from decisions of the Constitutional Court regarding previous cases involving the dismissal of Constitutional Court judges. The analysis showed that the House of Representatives authority in removing Constitutional Court judges is based on Article 24B Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. House of Representatives has an important role in the impeachment process, where the election of Constitutional Court judges requires the approval of the House of Representatives. In addition, the dismissal of Constitutional Court judges can be carried out by 2/3 of the total House of Representatives members. This research provides a better understanding related to the mechanism of the House of Representatives' authority over the removal of Constitutional Court judges, with a focus on the impeachment process. The implication of this research is the importance of maintaining the independence of the Constitutional Court and ensuring that the impeachment process is carried out fairly based on applicable legal provisions concerning democratic principles and the rule of law. This research contributes to the understanding of the House of Representatives authority in monitoring the powers of the constitutional judiciary. It underlines the importance of maintaining the balance of power within the constitutional system of the Republic of Indonesia
Analysis of Limited Liability Company Supervision in Indonesia Veronica, Ria; Neltje Saly, Jeane
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 11 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i11.141

Abstract

This article discusses the supervision of Limited Liability Companies (PT) in Indonesia. PT is a legal entity established through an agreement and conducts business activities with divided capital in the form of shares. The article explains that supervision is carried out to ensure that PT operates in accordance with applicable laws and regulations. PT has characteristics such as separation between the company and its owners, the ability to sue and be sued on behalf of the company, and the right of shareholders to file lawsuits related to ultra vires acts. The article also explains that the requirements for establishing PT in Indonesia have undergone changes, where now PT can be established by one person and can also be operated by one person. The establishment of PT involves providing information such as the company's name, registered address, duration of establishment, purpose and objectives, business activities, capital, shareholders, and founder's data. PT must obtain legal status from the Ministry of Law and Human Rights to be recognized as a legal entity. Failure to obtain approval from the Ministry will result in PT being treated as a partnership or non-legal entity. The Ministry of Law and Human Rights has the authority to revoke the license of PT. Financial and tax supervision of PT is the responsibility of the Ministry of Finance. If the license of PT needs to be revoked, it must go through the Ministry of Law and Human Rights
Notary Responsibility for Loss of Land Title Due to Notary Negligence Fitriano, Risko; Neltje Saly, Jeane
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 11 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i11.142

Abstract

This article discusses the notary's responsibility for the loss of land certificates due to the notary's negligence. This research uses normative or literature research methods by analyzing relevant laws and regulations regarding the authority and responsibilities of notaries. The research results show that notaries have civil liability for losses caused by negligence or deliberate action in carrying out their duties. This civil liability includes reimbursement of costs, compensation and interest to the party who feels aggrieved. Notaries also have a professional code of ethics that regulates their duties and responsibilities, including the obligation to safeguard the interests of related parties and act with integrity. In the case of loss of a land title certificate, the notary must be responsible for the documents entrusted and may be subject to civil sanctions if negligence occurs.
PPAT Liability For Deeds That are Null and Void Because They do Not Meet The Legal Requirements of The Agreement Based on the Civil Code Dewi Kusmara, Fima; Neltje Saly, Jeane
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 12 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i12.156

Abstract

The cancellation of the PPAT deed through a court decision, not only because of the result of the PPAT error or negligence in making the deed. But the cancellation of the PPAT deed can also be caused by the mistakes or negligence of the parties who bind themselves to each other in the deed, so that the error or omission causes a lawsuit from one of the parties. In a lawsuit stating that the PPAT deed is invalid, it must be proven invalid both from the outward, formal, and material aspects. If it cannot prove it, then the deed concerned remains legally binding for the parties interested in the deed. If the deed can be proven at trial, then there is one aspect that causes the defect of the deed, so that the deed can become a deed that is degraded or a deed under hand, even become null and void. The research method used in this study is in the form of a normative juridical approach method. Specifications The research used in this study is analytical descriptive research. The types and sources of data used by the author are secondary data types, data obtained through data sources of civil law literature studies and primary legal materials, secondary legal materials, tertiary legal materials. Data collection techniques are obtained through literature studies and interviews. The method of analysis in thesis research is in the form of Qualitative Juridical.The results of research on PPAT Liability for Deeds That Are Null and Void Because They Do Not Meet the Legal Requirements of Agreements Based on the Civil Code are PPAT that violates the code of ethics by forging PPAT deeds, PPAT that violates can get civil, criminal and administrative sanctions
Application of Electronic Land Certificates in The Indonesian Land System Deska Suryani BR M, Stevani; Neltje Saly, Jeane
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 1 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i1.157

Abstract

As the era develops, which is supported by technological developments into the digital era, everything becomes easier and more practical. Likewise in Indonesia, which has begun to follow the development of the digital era. In order to realize modernization in connection with the digital era, services in the land sector in Indonesia have also begun to apply land services based on electronics to produce legal products in the form of electronic documents. The Electronic Land Certificate itself was launched in the Regulation of the Head of the National Land Agency regarding Electronic Certificates which was signed by the Minister of Agrarian Affairs Sofyan Djalil on January 12, 2021. The purpose of this study is to provide knowledge and understanding of how to apply electronic certificates to the public. Through normative juridical methods and tracing document studies from laws and regulations to scientific journals, the research results will be used to analyze this study. The results of the study show that the application of electronic land certificates is something that cannot be prevented due to the increasingly advanced developments in today's digital era.
Reverse The Name of The Certificate of Title To The Estate Unilaterally Without The Knowledge of The Other Heirs Aprilian Herdiana, Nabilla Rizki; Neltje Saly, Jeane
Devotion : Journal of Research and Community Service Vol. 4 No. 1 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/dev.v4i1.353

Abstract

Property Rights are the descending rights, strongest and fullest that a person can have over land. Property rights can be transferred and transferred to other parties because a legal event occurs due to the death of a person so that the property left behind passes to the heirs and legal actions occur if there is a transfer of rights from the rights holder or his heirs to the new rights holder. If there is an abandoned land certificate, the land certificate is also transferred. A certificate is a proof of land rights to guarantee legal certainty. How is the legal settlement of the reverse action of the title certificate to the estate unilaterally without the knowledge of the other heirs. The research method used in writing tesis in the form of a normative juridical approach method. Specifications The research used in this study is analytical descriptive research. The types and sources of data used by the author are secondary data types, data obtained through data sources of civil law literature studies and primary legal materials, secondary legal materials, tertiary legal materials. Data collection techniques are obtained through literature studies and interviews. The method of analysis in thesis research is in the form of Qualitative Juridical. The results of the research on the reverse name of the title certificate to the heirs unilaterally without the knowledge of other heirs; The first provides legal protection for heirs who have full rights related to the act of unilaterally reversing the name of the title certificate to the estate without the knowledge of the other heirs is that each heir has the right to file a lawsuit through the Court to fight for his heir rights as per Article 834 of the Civil Code. Secondly, the legal settlement of the reverse action of the name of the title certificate to the estate unilaterally without the knowledge of the other heirs is to file a lawsuit through the court institution if the court decision has been issued that has obtained permanent legal force, the title certificate contains defects law in its issuance and declared invalid and unlawful
Co-Authors Aprilian Herdiana, Nabilla Rizki Deska Suryani BR M, Stevani Dewi Kusmara, Fima Fitriano, Risko Gracia, Gracia Kinanti, Lamsiur Ocarina Fae, Majolica Veldrin Pua, Brendah Veronica, Ria