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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Humanities Education and Social Sciences Al-Dhikra
Arini Jauharoh
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Termination Of The Office Of The Land Deed Maker Who Are Otherwise Unable To Perform Their Duties Due To Health Conditions Muhammad Taufiq; Mohammad Hamidi Masykur; Arini Jauharoh
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1289

Abstract

The legal issue is motivated by the existence of arrangements related to the dismissal of PPAT with respect contained in Article 10 paragraph (2) letter B which states that PPAT can be dismissed with respect from his position because he is no longer able to carry out his duties due to the state of his health or mental health, after being declared by the authorized health examination team at the request of the Minister/Head or appointed official. The problem then is how when there is a PPAT who is dismissed with respect for health reasons in accordance with Article 10 paragraph (2) letter b, then the PPAT in question successfully recovers from his illness. The purpose of this study was to analyze and find whether PPAT that was dismissed with respect due to health problems can be reappointed after being declared cured and formulate future regulatory formulations related to PPAT dismissal regulations due to health problems. This research uses normative juridical research method, legislation research approach and conceptual approach, and legal materials used consist of primary, secondary, and tertiary legal materials obtained through literature studies in the library of the Faculty of law, Universitas Brawijaya, and also internet access. The results of this study were analyzed by the method of legal discovery, namely the method of interpretation and construction. The results of this study are PPAT dismissed with respect in accordance with Article 10 paragraph (2) letter B PP No. 24 of 2016 if the PPAT has recovered, it still cannot be reappointed to his position as PPAT because there are no rules governing it. This would have been contrary to the theory of legal certainty according to Nurhasanah Ismail. For the formulation of future arrangements related to PPAT dismissal regulations due to health problems can be constructed into a new provision that PPAT who experience health problems, changed from the previous one dismissed with respect, is changed to become a temporary dismissal.
Ratio Legis of the Deed of Sale and Purchase Agreement as an Object of Land and Building Acquisition Duty Isma Faradila; Istislam Istislam; Arini Jauharoh
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1295

Abstract

This research attempts to unravel the various dynamics governing BPHTB. This research focuses on examining two issues, namely (1) the ratio legis of PPJB regulation as the object of BPHTB and the implications of PPJB as the object of BPHTB after the issuance of Law 1/22 which amended the previous BPHTB Law as a whole. In this paper, it is found that there are several reasons that make PPJB as the object of BPHTB, namely: (1) based on the social function of land based on the agrarian law regime, so that every acquisition of land rights is taxed which is used as a net regional income; (2) the imposition of BPHTB on PPJB as an increase in regional income; (3) from the nature of PPJB as a binding transaction and as a marker of a legal event which is then followed by the making of AJB as the basis for the acquisition of land rights. Second, the implications of BPHTB for the changes in the original regulation in the PDRD Law which was later revoked by the 2022 HKPD Law, have made several changes that affect the legal certainty of taxpayers in paying BPHTB. There is an antinomy in regulating the time payable and payment of BPHTB to the local government.  The time payable arrangement as the basis for payment is made after the signing of the sale and purchase deed. However, the payment arrangement states otherwise, namely at the time the sale and purchase deed is signed. However, on the other hand, the regulation also requires the notary to request proof of payment before the signature of the sale and purchase deed. The difference in provisions on the time payable and the deadline for payment affects the legal certainty of the sale and purchase process, and is not in accordance with the meaning of BPHTB as a duty paid after the acquisition of land rights. In addition to the implications that arise for taxpayers, the above arrangements also affect the legal certainty of notaries / PPATs who carry out their duties which are overshadowed by sanctions if they sign the deed before BPHTB is paid in full.  The research method used in this writing is normative juridical research method, using three types of approaches, namely historical approach, legislative approach and conceptual approach. The urgency of implementing tax collection on deeds of acquisition of land rights known as BPHTB is to emphasise the social function of land through tax collection carried out by the government. PHTB on PPJB is one of the sources of local revenue used to organise local government and third, namely from the nature of PPJB which is an agreement that binds both parties to the certainty of the transaction being carried out, as the initial act of the legal event of sale and purchase in question.
Penggunaan Ayat-ayat Syifa’ pada Ruqyah Tolak Sihir (Studi Kasus pada Ustadz Muhammad Chudlori di Desa Watesari KecamatanBalongbendo Kabupaten Sidoarjo) Arini Jauharoh
Al-Dhikra Vol. 4 No. 2 (2022): Al-Dhikra: Jurnal Studi Quran dan Hadis
Publisher : Fakultas Ushuluddin dan Pemikiran Islam, Universitas PTIQ Jakarta

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Abstract

Artikel ini merupakan riset living Qur’an atas sebuah fenomena praktik penggunaan ayat-ayat Al-Qur’an sebagai tolak sihir. Kasus tersebut dipahami dengan perspektif fenomenologi (berdasarkan fenomena yang ada) yang diimplementasikan dari pemahaman atas ayat-ayat Al-Qur’an. Praktik penggunaan ayat-ayat Al-Qur’an ini sebagai upaya pengobatan kepada pasien yang terkena sihir atau yang disebut dengan ngeruqyah. Penelitian ini menggunakan pendekatan kualitatif dan sebagai pisau analisis penulis menggunakan teori Tindakan sosial Max Weber. Peneliti mempelajari secara langsung keadaan di lapangan dengan observasi daninterview dengan beberapa informan. Riset ini berkesimpulan bahwa suatu kegiatan yang dilakukan komunal maupun individual tergolong tipe tindakan rasional instrumental dengan beberapa tujuan serta memiliki pemaknaan subyektif untuk disebarkan pada pihak lain yang terlibat dalam sosial. Tujuan me-ruqyah kepada orang sakit yang diakibatkan sihir adalah sebagai reprentasi Al-Qur’an, pengobatan non medis, serta dapat menenangkan hati bagi para pasien ruqyah. Selain itu ruqyah juga dipahami dan dijadikan sebagai media dakwah untuk para pasien yang datang, baik yang masih proses ruqyah maupun yang sudah sembuh.
The Scope of Supervision By The Heritage Over The Use of Assets By Persons Under Guardianship Fairuszia Carista Syukroini Putri; Iwan Permadi; Arini Jauharoh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.313

Abstract

The Estates Office (BHP) is a colonial legacy institution that continues to exist in the Indonesian legal system, with the authority to manage inherited assets, oversee guardianships, and implement trusts. This study aims to analyze the BHP's authority in overseeing trusts, the role of notaries and PPATs in supporting the legality of legal actions, and Limitations on the use of assets by guardians for the benefit of those under guardianship. The method used is socio-legal research with a legal and conceptual sociology approach, through a case study at the Surabaya Legal Trust Agency (BHP). The results of the study indicate that BHP has a strategic role as a supervisory guardian to ensure that the guardian carries out its obligations in accordance with the law, protects the rights of parties who are legally incompetent, and prevents abuse of authority. However, the effectiveness of supervision is still hampered by limited human resources, undigitized administrative infrastructure, difficulties in cross-agency coordination, and legal gaps regarding sanctions for negligent guardians. Concrete cases demonstrate negligence by guardians that impacts the fulfillment of the needs of the custodial party, demonstrating the weakness of existing technical regulations. This study emphasizes the importance of reformulating regulations regarding guardianship, strengthening the capacity of BHP, accelerating digitalization, and optimizing inter-agency cooperation to increase the effectiveness of supervision. Thus, BHP can function optimally as a state instrument in providing substantive legal protection for vulnerable parties, while realizing the principles of legal certainty, justice, and benefit.
Co-Authors Fairuszia Carista Syukroini Putri Isma Faradila Istislam Istislam Iwan Permadi Mohammad Hamidi Masykur Muhammad Taufiq