Garuda - Garba Rujukan Digital

Kekuatan Mengikat Risalah Lelang Bagi Pembeli Lelang Terhadap Hak Tanggungan Bagi Pembeli Lelang di Kantor Pelayanan Kekayaan Negara dan Lelang (Kpknl) Kota Batam Guswanda Andi Putra Pratama; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan; Ramon Nofrial
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1142

This research aims to determine the obstacles that occur for auction buyers in vacating auction objects due to resistance from debtors or third parties, denying that debtors have been negligent in carrying out their obligations towards creditors, debtors who do not acknowledge the amount of debt from all costs that have been incurred by creditors first for the purposes of encumbrances in mortgage rights. The nature of this research is analytical descriptive. This research is also included in empirical juridical research. The data source used in this research is secondary data sources. This research was carried out at the Batam State Property and Auction Service Office (KPKNL) which was the research location. In collecting data for this research, the techniques used were library research and field research methods. The data collection tools used in this research are document study or literature study and interviews. Meanwhile, the data analysis used in this research is qualitative analysis. The conclusions that will be drawn in this research are carried out deductively. The results that have been obtained from this research are the auction minutes as authentic deeds that have perfect evidentiary power, the efforts made by KPKNL in overcoming obstacles in the auction for the execution of mortgage rights at KPKNL must be completed properly and auction buyers who have good intentions must be protected by law.

Analisis Yuridis Terhadap Peranan Notaris dalam Pembuatan Perjanjian Perkawinan Untuk Mewujudkan Kepastian Hukum (Studi Kasus Kantor Notaris Hendy Bkry Agustino Kota Tanjung Pinang) Robi Gotama; Soerya Respationo; M. Tartib; Erniyanti Erniyanti; Ramon Nofrial
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1196

This thesis aims to conduct a juridical analysis of the role of notaries in the creation of prenuptial agreements with the objective of ensuring legal certainty within the context of marriage law in Indonesia. This research encompasses a comprehensive examination of the legal regulations governing the role of notaries in the creation of prenuptial agreements, the implementation of notarial practices in the prenuptial agreement process, and the identification of factors that may hinder the attainment of legal certainty. Through a normative legal approach, this thesis analyzes various legal provisions, regulations, and notarial guidelines pertaining to prenuptial agreements. Additionally, this research involves interviews with notaries practicing in this field to gain a deeper understanding of the implementation of the notarial role and the challenges faced in ensuring legal certainty. The findings of this research are expected to provide a more profound insight into the role of notaries in prenuptial agreements and their contribution to legal certainty within the context of marriage law in Indonesia. Furthermore, this study may serve as a foundation for improvements or refinements in legal regulations and notarial practices, aimed at enhancing legal certainty for individuals planning to marry or already married in Indonesia. By combining normative and empirical legal approaches, this thesis seeks to provide a comprehensive picture of the role of notaries in creating legal certainty in marriage agreements.

Analisis Yuridis Keabsahan Penyelenggaraan Rapat Umum Pemegang Saham (Rups) Secara Online Untuk Mewujudkan Kepastian Hukum (Studi Penelitian PT Midi Utama Indonesia Tbk (Midi)) Fernando Chandra; Erniyanti Erniyanti; Fadlan Fadlan; Soerya Respationo
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1197

The development of information and communication technology has had a significant impact on various aspects of life, including the business world. One form of this development is the use of a digital platform to hold an online General Meeting of Shareholders (GMS), this is what PT Midi Utama Indonesia Tbk (MIDI) is doing, with a special focus on harmonizing the holding of the online GMS with Article 77 of the Law Limited Liability Company and comparison with Article 16 paragraph (1) of the Law on Notary Positions. This research has three problem formulations, namely regarding legal regulations related to the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, implementation of the legality of holding an online General Meeting of Shareholders (GMS) to create legal certainty, and factors that become obstacles. and obstacles and solutions in implementing the validity of holding an online General Meeting of Shareholders (GMS). This research uses normative juridical legal research methods and sociological or empirical legal research. This normative juridical research is carried out by examining library materials or secondary data. The data used in this research are primary data and secondary data. Primary data in this research is in the form of interviews and observations, while secondary data used in this research consists of primary legal materials, secondary legal materials and tertiary legal materials. The results of this research are that the implementation of Online GMS is permitted according to legal regulations based on Article 76 Jo. Article 77 of the Limited Liability Company Law and POJK Number 16/POJK.04/2020. Basically, the implementation of an online GMS does not violate the law and remains legal. In its implementation carried out by a Notary, the preparation of a GMS deed carried out online is still difficult to implement firmly, because there is still uncertainty regarding the Notary's authority. Obstacles that can occur are related to the mechanism for holding an online GMS, because this GMS is carried out online, the main obstacle or obstacle is located in the network or computer equipment.

Analysis of Inhibiting Factors for Resolving Election Disputes Within the Authority of the Election Supervisory Board (Bawaslu) Erniyanti, Erniyanti
Open Access Indonesia Journal of Social Sciences Vol. 6 No. 3 (2023): Open Access Indonesia Journal of Social Sciences
Publisher : HM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37275/oaijss.v6i3.228

The Election Supervisory Board (Bawaslu) has an important role in maintaining democracy in Indonesia, one of which is through resolving election disputes. This research aims to analyze the factors that hinder the resolution of election disputes within the authority of Bawaslu. The research method used is qualitative with a case study approach. Research data was obtained through in-depth interviews with key informants, namely Bawaslu members, academics and election law practitioners. The research results show that there are several factors that hinder the resolution of election disputes within Bawaslu's authority, namely: Time limitations: Election process disputes must be resolved quickly, so Bawaslu is often pressed for time; Limited human resources: Bawaslu lacks competent human resources in handling disputes, especially at the regional level; Budget limitations: Bawaslu's budget is often insufficient for dispute resolution needs, such as court and witness costs; Lack of coordination: Coordination between institutions regarding election dispute resolution still needs to be improved; Dispute complexity: Election disputes are often complex and involve many parties, so they require a lot of time and effort to resolve.

Analisis Yuridis Dimensi Pertanggungjawaban Hukum Atas Pembatalan Nikah Untuk Meneguhkan Kepastian Hukum Muzahar, Muzahar; Ida, Ansharullah; Erniyanti, Erniyanti
Jurnal Syntax Fusion Vol 2 No 09 (2022): Jurnal Syntax Fusion: Jurnal Nasional Indonesia
Publisher : CV RIFAINSTITUT

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54543/fusion.v2i12.238

This study aims to find out and analyze the implementation of legal responsibility for marriage annulment in Decision Number: 245/Pdt.G/2021/PA.Btm. To find out and analyze Decision Number: 245/Pdt.G/2021/PA.Btm regarding legal liability for marriage annulment by the Religious Courts to strengthen legal certainty. This study uses a descriptive analytical research type method using an empirical juridical approach. The results of the study show that the implementation of legal responsibility for marriage annulment in Decision Number: 245/Pdt.G/2021/PA.Btm did not run optimally because the Respondent never attended the trial process and the Panel of Judges made a decision by granting the Petitioner's request with verstek, and declaring null and void The marriage of the Petitioner and Respondent was held on September 19 2020 before the Marriage Registrar of the Office of Religious Affairs (KUA). Analysis of Decision Number: 245/Pdt.G/2021/PA.Btm on legal responsibility for canceling marriages by the Religious Courts to confirm legal certainty, namely that the cancellation of marriages can be accounted for and realized to strengthen legal certainty. This is because the Petitioner in this case has fulfilled all the requirements specified for annulment of marriage. Apart from that, the annulment of the marriage which was granted by the Panel of Judges also provided a sense of justice for the Petitioner, who so far had the right to receive spiritual support but the Respondent as a married couple was unable to fulfill it. For this reason, it is recommended for couples who want to get married to be open to each other about each other's shortcomings. To parents to carefully consider every process of applying for an annulment of marriage, and try to maintain their children's household as best as possible and to the Panel of Judges to consider the decision as fair as possible and ensure the wishes of both parties

Juridical Analysis Of The Authority Of Quarantine Officers In Handling Illegal Importation Of Caws On Batam Island Erniyanti Erniyanti; Yulia Hardhiyanti Putri
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 1 No. 3 (2023): August : International Journal of Education, Language, Literature, Arts, Cultur
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v1i3.423

Quarantine is a system of preventing the entry, exit, and spread of quarantined animal pests and diseases, as well as supervision and control of food safety and food quality, feed safety and feed quality, Genetic Engineering products, Genetic Resources, Biological Agents, Invasive Foreign Species, Wild Plants and Animals, and Rare Animals that are introduced into, spread from one area to another area, and removed from the territory of the Unitary State of the Republic of Indonesia. To maintain, protect, and improve the quality of animal/livestock resources, animal/livestock health, animal welfare, and the provision of safe, healthy, whole, and halal (ASUH) food of animal origin, as well as maintaining peace or eliminating/preventing public unrest, it is necessary to provide guidance, regulation, control, and supervision of livestock businesses and animal health services. To create a conducive business climate and legal certainty in animal husbandry and animal health, it is necessary to regulate the mechanisms and procedures for licensing livestock and animal health businesses in the regions. The problem faced by the Batam Class I Agricultural Quarantine Center is caused by cows entering Batam Island that do not have an entry permit and are not by Law Number 21 of 2019, which states that every entry or release must be carried out through a designated Place of Entry and Place of Expenditure.

Relevansi Penerapan Teori Hukum terhadap Perlindungan Nasabah Perbankan yang Dirugikan oleh Transaksi Internet Banking (Analisis Teori Hukum Positif dan Teori Utilitas) Yacob, Ardyansyah; Idham, Idham; Erniyanti, Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1906

Purpose: The purpose of writing this journal is to find out the legal arrangements for the protection of banking customers who are harmed by internet banking transactions, and to know the relevance of the application of legal theory to the protection of banking customers who are harmed by internet banking transactions. Method: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Result: The results of the study show that the legal arrangements for protecting banking customers who are harmed by internet banking transactions are regulated in Law Number 8 of 1999 concerning Consumer Protection, Bank Indonesia Regulation Number 10/10/PBI/2008 concerning Settlement of Customer Complaints, Regulations of the Financial Services Authority Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector, and Bank Indonesia Circular Letter Number 9/30/DPNP concerning Implementation of Risk Management in the Use of Information Technology by Commercial Banks. The relevance of the application of legal theory to the protection of banking customers who are harmed by internet banking transactions. The application of law through legal theory in Indonesia from the perspective of philosophy of science can be seen from the legal protection that occurs. Legal protection as an effort to uphold justice, customers can claim compensation from the bank if there is a system error caused by an internet banking transaction, but this provision does not apply if the error is caused by the act or omission of the customer and the bank is required to warn customers about the risks of using the internet banking

Perlindungan Hukum terhadap Anak yang jadi Korban Prostitusi demi Mewujudkan Nilai Keadilan Tarigan, Rudy; Idham, Idham; Erniyanti, Erniyanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1907

Purpose: The purpose of this study is to determine the legal protection of children who are used as prostitution according to positive law in Indonesia, and the obstacles and efforts to protect the law against children who are used as prostitution. Method: The method used is empirical juridical research, namely research through a series of field interviews with respondents and informants. Besides that, it also uses normative research, namely research through library research. Result: Legal protection for children who are used as prostitution according to positive law in Indonesia is regulated in the Child Protection Act, the Law on Trafficking in Persons and the Law on the Protection of Witnesses and Victims which includes the provision of rehabilitation, supervision, and the provision of strict sanctions against perpetrators . Obstacles to legal protection for children who are used as prostitution in Batam City are that there are no specific legal arrangements regarding child prostitution, a lack of special escort personnel for child victims of prostitution, and a lack of human resources in the field of children. Conclusion: Efforts to overcome this are utilizing existing legal provisions, increasing coordination and cooperation with agencies related to children, and maximizing the performance of existing officers.

Juridical Analysis Of Legal Certainty Of Property Rights To Management Rights In Batam City (Research Study At Batam City Land Office) Kurnia Wati, Dita; Erniyanti, Erniyanti
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2243

This study aims to determine the Implementation and implementation of Legal Certainty on Property Rights on Management Rights in Batam City (Research study at the Batam City Land Office) and to find out what factors are the obstacles / constraints and solutions to Legal Certainty on Property Rights on Management Rights in Batam City (Research study at the Batam City Land Office). The results of the study explain that the legal arrangements for the issuance of several certificates of property rights in the city of Batam due to errors in interpretation to the application of legislation carried out at that time by the Batam Authority in issuing Decree (SK) Number 734/UM-KPTS/XII/1998 signed by the Chairman of the Batam Authority (OB) at that time. The legal arrangements for the implementation of land ownership rights affirmation of the old kampong community in Batam Island are based on Presidential Instruction No. 2 of 2018 on the Acceleration of Complete Systematic Land Registration in All Regions of the Republic of Indonesia and Regulation of the Minister of Agrarian Spatial Planning/National Land Agency No. 6 of 2018 on Complete Systematic Land Registration. BP Batam in cooperation with the City Government provides land rights status in the form of Property Rights by not recommending the Old Village to be part of BP's Management Rights so that the old village area on Batam Island is under the management of the Batam City Government. The existence of the issued Hak Milik is valid, recognized and applicable in Batam City. Property Rights on land in the area with the status of Management Rights in Batam City have absolutely been released from the supervisory authority of the BP Batam land authority.

Juridical Analysis Of Legal Certainty Of Property Rights To Management Rights In Batam City (Research Study At Batam City Land Office) Kurnia Wati, Dita; Erniyanti, Erniyanti
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2243

This study aims to determine the Implementation and implementation of Legal Certainty on Property Rights on Management Rights in Batam City (Research study at the Batam City Land Office) and to find out what factors are the obstacles / constraints and solutions to Legal Certainty on Property Rights on Management Rights in Batam City (Research study at the Batam City Land Office). The results of the study explain that the legal arrangements for the issuance of several certificates of property rights in the city of Batam due to errors in interpretation to the application of legislation carried out at that time by the Batam Authority in issuing Decree (SK) Number 734/UM-KPTS/XII/1998 signed by the Chairman of the Batam Authority (OB) at that time. The legal arrangements for the implementation of land ownership rights affirmation of the old kampong community in Batam Island are based on Presidential Instruction No. 2 of 2018 on the Acceleration of Complete Systematic Land Registration in All Regions of the Republic of Indonesia and Regulation of the Minister of Agrarian Spatial Planning/National Land Agency No. 6 of 2018 on Complete Systematic Land Registration. BP Batam in cooperation with the City Government provides land rights status in the form of Property Rights by not recommending the Old Village to be part of BP's Management Rights so that the old village area on Batam Island is under the management of the Batam City Government. The existence of the issued Hak Milik is valid, recognized and applicable in Batam City. Property Rights on land in the area with the status of Management Rights in Batam City have absolutely been released from the supervisory authority of the BP Batam land authority.

Title

Found 38 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 38 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 38 Documents
Search