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HOME PURCHASE AND SALE AGREEMENT BEFORE A NOTARY FOLLOWED BY AN ACKNOWLEDGMENT OF DEBT Abu, Achmad Nur; Subekti, Subekti; Djaja, Dudik
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i1.55

Background. A notary is a public official authorized to make deeds regarding actions, agreements, and decisions required by general legislation, or to express the wishes of parties involved. This research aims (a) to determine and analyze the authority of notaries in making PPJB for houses followed by debt recognition. (b) to analyze the validity of the PPBJ made by a notary for the purposes of debt recognition. Research Method. The type of research used is normative juridical, using a statutory approach. This research uses three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The process of analyzing legal materials in this research uses the interpretation method. Findings. The results of the research show that (a) The notary executes the original deed, considering all required deeds, agreements, and provisions. They have the right to keep a certificate. If contested, the Department of Security has a regulatory role regarding the sale and purchase contract. (b) PPJB is a debt recognition form made in an authentic deed, which should be disclosed to the public for completeness. However, the deed's validity may be canceled due to legal cover-up, potentially resulting in a default case, depending on the judge's decision. Conclusion. Notaries must act honestly and impartially to make authentic deeds, providing counseling before executing the Sales and Purchase Agreement (PPJB) for debt recognition purposes, as the deed's validity may be canceled if it doesn't comply with the law.

TINDAK PIDANA MEMPRODUKSI KOSMETIKA TANPA IZIN PRODUKSI DAN TIDAK MEMENUHI STANDARD PERSYARATAN KEAMANAN Budiyono, Wisnu Laksana; Djaja, Dudik; Subekti, Subekti; Ucuk S, Yoyok
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8915

Consumers who want to improve their appearance are often attracted to cheap cosmetics because they provide fast results. This is what makes them look for alternative ways by buying these products even though they may not meet the requirements and these cosmetics are sold freely but do not have a BPOM number. The aim of this research is to analyze liability in the production of cosmetics without a production permit and do not meet standard safety requirements and legal protection for consumers who use cosmetics which are produced without a production permit and do not meet standard safety requirements. This research uses normative legal research method. The results of the research show that the defendant in this case has fulfilled the elements for which a sentence can be carried out. The first element is an act carried out in accordance with Article 197 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health, the second element violates Article 106 of Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, and the third element violates Article 62 paragraph (1) Jo. Article 8 of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. Consumers experience losses as a result of using cosmetics that are produced without a production permit and do not meet standard safety requirements, so the defendant is required to compensate consumers for losses incurred in accordance with the provisions of Article 7 letter f with administrative sanctions in accordance with Article 60 Paragraph (2) Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and criminal sanctions contained in Article 62 Paragraph (1) of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection.

CRIMINAL LIABILITY IN THE ACT OF THEFT (VIDE ARTICLE 362 KUHP) OF GOLD WHICH IS COMMITTED ON A CONTINUOUS BASIS (VOORTGEZETTE HANDELING VIDE ARTICLE 64 KUHP) Adistyawan, Fany; Rubaie, Ach; Khoidin, M; Djaja, Dudik
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1442

Continuing actions are a combination of several actions committed by a person, where between one action and another action there has never been a judge's decision that has permanent legal force, so that the perpetrator is subject to a certain method of punishment, as stipulated in article 64 of the Criminal Code. This combined form in Dutch is known as "Voortgezette Handling". The form of continuous action can be identified if a person commits several actions and some of these actions are separate crimes but among these actions, there is such a close relationship with one another that several of these actions must be considered as one continuous action. Continued theft is explained in Article 362 of the Criminal Code Jo Article 64 Paragraph (1) of the Criminal Code. The formulation of the problem in this study is how is the legal responsibility for the crime of gold theft by continuing Article 362 of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code and law enforcement for the crime of gold theft by continuing Article 362 of the Criminal Code in conjunction with Article 64 Paragraph (1) of the Criminal Code. The type of method applied in this research is normative legal research, where normative legal research is a scientific research procedure to find truth based on scientific logic from a normative perspective. using a statutory regulation approach is analyzed using qualitative normative methods with inductive logic, namely thinking from specific matters to general matters. Criminal responsibility is the responsibility of a person for the crime he has committed. Strictly speaking, that person is responsible for the crime he committed. Thus, the occurrence of criminal liability because there has been a criminal act committed by someone. Criminal responsibility is essentially a mechanism built by criminal law to react to violations of the "agreement to refuse" a certain act.Law enforcement by the Pasuruan Police through investigation and investigation the conclusion that it is strongly suspected that the suspect has violated Article 362 of the Criminal Code in conjunction with Article 64 Paragraph (1) of the Criminal Code. Meanwhile, the basis for the judge's consideration in deciding the case is that the legal facts that emerged during the trial, prove that all the elements of Article 362 Jo. Article 64 paragraph (1) of the Criminal Code has been fulfilled, so the Defendant must be legally and convincingly proven to have committed the crime as charged in the Public Prosecutor's single Indictment.

TINDAK PIDANA MEMPRODUKSI KOSMETIKA TANPA IZIN PRODUKSI DAN TIDAK MEMENUHI STANDARD PERSYARATAN KEAMANAN Budiyono, Wisnu Laksana; Djaja, Dudik; Subekti, Subekti; Ucuk S, Yoyok
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8915

Consumers who want to improve their appearance are often attracted to cheap cosmetics because they provide fast results. This is what makes them look for alternative ways by buying these products even though they may not meet the requirements and these cosmetics are sold freely but do not have a BPOM number. The aim of this research is to analyze liability in the production of cosmetics without a production permit and do not meet standard safety requirements and legal protection for consumers who use cosmetics which are produced without a production permit and do not meet standard safety requirements. This research uses normative legal research method. The results of the research show that the defendant in this case has fulfilled the elements for which a sentence can be carried out. The first element is an act carried out in accordance with Article 197 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health, the second element violates Article 106 of Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, and the third element violates Article 62 paragraph (1) Jo. Article 8 of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. Consumers experience losses as a result of using cosmetics that are produced without a production permit and do not meet standard safety requirements, so the defendant is required to compensate consumers for losses incurred in accordance with the provisions of Article 7 letter f with administrative sanctions in accordance with Article 60 Paragraph (2) Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and criminal sanctions contained in Article 62 Paragraph (1) of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection.

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