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All Journal Jurnal Pengabdian Masyarakat dan Riset Pendidikan Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Maya Intan Pratiwi
Universitas Pahlawan Tuanku Tambusai
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Mathematics Other

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Pelaksanaan Eksekusi Pengosongan Lahan Yang Telah Berkekuatan Hukum Tetap Di Wilayah Hukum Pengadilan Negeri Bangkinang Syahrial Syahrial; Maya Intan Pratiwi; Rian Prayudi Saputra
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.30

Abstract

Execution is a matter of carrying out a court decision which has permanent legal force. The court verdict that is being executed is the one that has substance order to one of the parties to pay some money or in other case the implementation of the judge’s decision that has ordered to empty fixed object, while the losing party does not want to implement the decision voluntarily so that it requires coercive effort from the court to implement the following matter. Therefore, the land clearing execution in accordande to the civil court decisions that have permanent legal force at Bangkinang District Court is the real execution as well as an execution of some money payment in accordance with the applicable provision. The obstacles within the execution of land clearing of civil case decisions that have permanent legal force at the Bangkinang District are various such as the executed wealth does not exist, the decision’s trait is declarator, the object of execution in the hands of third-parties, execution of the tenants, the object being executed were guaranteed to the third-parties, the land to be executed has no clear boundary, the change in the status of land to state land, the object of execution is abroad, two decisions are different from each other, and for the last, the execution of shared assets. The efforts made in the execution of land clearing of civil case decisions that have permanent legal force at the Bangkinang District Court are ordinary legal efforts divided into resistance (verzet), appeals, and also cassation while the special legal remedies are divided into judicial review (civil request) and the resistance from a third party (derdenverzet).
Kasus Fidelis Ditangkap dan Ditahan atas Kepemilikan Batang Ganja untuk Pengobatan Sang Istri Ditinjau dari Aliran Realisme Hukum Syahrial; Maya Intan Pratiwi; Rian Prayudi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 2 No. 2 (2024): June 2024 - September 2024
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v2i2.42

Abstract

Legal realism is a school that does not agree with the existence of precedents (the existence of ties between a judge's decision and previous judge's decisions in dealing with similar issues). And understanding legal realism views the law as an advocate views the law. For an advocate, the most important thing in looking at the law is how to predict the outcome of a legal process and what the future holds for these legal rules. The school of legal realism actually hopes for the role of judges in realizing justice, so that in certain cases judges do not always adhere to the provisions contained in legislation only (rule-responsive), they also need to look at the situation that actually occurs in practice (fact-responsive). In this case, it seems that the judge took into account the existence of legal realism by assessing the facts that prompted Fidelis to commit a crime (possessing 39 marijuana stalks) for the treatment of his wife, so the judge imposed a sentence on Fidelis that was far from the minimum threat. And criticism of the school of legal realism was also raised regarding matters relating to its views on the judicial process. In this case, criticism is raised against the Normative statement and the concept of "logic", whereas the realist emphasis is only on difficult cases. Keywords: Ownership of Marijuana Stems, Treatment of the Wife, Legal Realism
Peran Advokat dalam Pendampingan Hukum terhadap Klien untuk Menangani Kasus Syahrial; Maya Intan Pratiwi; Rian Prayudi Saputra
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 3 No. 3 (2025): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 3 Nomor 3 (Januari 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v3i3.371

Abstract

The rule of law is one of the principles of the Republic of Indonesia and is regulated in the 1945 Constitution. As the principle states that Equality Before The Law is a form of legal guarantee and provides certainty that everyone is equal before the law without any discrimination, besides that there is also the right to recognition and protection. Based on the principle and the right to protection, the Advocate profession is one of the professions that can be relied on. The role and function of an Advocate who is free, independent and responsible provides a glimmer of hope that the guarantee of certainty and justice will be fulfilled for people who really need legal assistance. The existence of Advocates also plays a role in the scope of justice which also has an important aspect, legal aid services from Advocates open up wide opportunities for the thirst for legal knowledge for the community. Therefore, as Officum Nobile or an honorable profession, Advocates must be truly reliable by the community.
Co-Authors Rian Prayudi Rian Prayudi Saputra Syahrial Syahrial Syahrial