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Lex Renaissance
Published by Universitas Islam Indonesia
ISSN : 26205386     EISSN : 26205394     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Lex Renaissance adalah jurnal yang diterbitkan oleh program Pascasarjana Fakultas hukum Universitas Islam Indonesia. terbit dua kali dalam satu tahun (Januari dan Juli). jurnal ini adalah media komunikasi dan pengembangan ilmu. Jurnal terbit setiap semester.
Arjuna Subject : -
Articles 11 Documents
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Search results for , issue "Vol 2 No 2 (2017): JULI 2017" : 11 Documents clear
Peranan Majelis Pengawas Wilayah atas Penjatuhan Sanksi Terhadap Notaris yang Tidak Membacakan Akta Arifani Kurnia
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art5

Abstract

The problems in this research include, first, what is the role of the Regional Notary Supervisory Council in imposing sanctions on notaries who do not read deeds? Second, what is the legal consequence for a notary who does not read the deed based on the Decision of Yogyakarta Regional Supervisory Council Number 03/Pt/Mj.PWN DDIY/VI/2016? and third, what is the legal consideration of Yogyakarta Regional Supervisory Council in imposing sanctions on the notary? This study is normative-empirical legal research with a field research type. The results indicate that, first, the role of Notary Supervisory Council is to protect the interests of the community or parties who suffer losses due to legal actions by irresponsible notaries who conduct their duties without referring to the stipulated provisions in both the law and decisions of the notary professional association/organization. Second, the legal consequence for the notary based on the Decision of Yogyakarta Regional Supervisory Council Number 03/Pts/Mj.PWN DIY/VI/2016 is in the form of written notice in which the decision can be used as a reason for a case reporter to sue the concerned notary for a civil compensation. Third, the legal basis for imposing sanctions on the notary, which is the result of investigation stating that the notary has been found guilty, is not a violated formal requirement.Keywords: Notary; deed; notary supervisory council
Implikasi Politik Hukum Pengaturan Pertanggungjawaban Kinerja Kepala Daerah Pasca Reformasi Alan Bayu Aji
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art1

Abstract

This study aims to determine the objective conditions regarding the legal politics of managing the performance accountability of regional heads after the reform. The formulations of the problem include, first, how is the legal politics of the regulation for performance accountability of regional heads after the reform, and second, what is the ideal model of regional head accountability to the regional representative council (DPRD). This research is normative juridical research in which the data used is secondary data in the form of legal materials. In addition, this study uses theories as an analysis tool. The results show that the legal politics of regional head accountability has shifted from DPRD to the central government. The shift is caused by an empirical practice during the enactment of Law No. 22 of 1999 and the domination of DPRD, but the accountability is then shifted to the central government. Domination is also shown by the central government in supervising regional governments, thus minimizing the role of DPRD as a regional representative body with supervisory function. The performance accountability of regional head should be initially presented to DPRD to create equal partnership relations between the two institutions and to place DPRD outside the regional administration element, enabling DPRD to carry out the supervisory function optimally towards directly elected regional heads.Keywords: Legal politics; accountability; regional heads
Politik Hukum Pembentukan Komisi Kebenaran dan Rekonsiliasi Aceh Khairil Akbar
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art11

Abstract

The signing of Memorandum of Understanding in Helsinki between the Free Aceh Movement (GAM) and the Republic of Indonesia (RI) is a sign of peace for the conflict in Aceh. Among the points of agreement is the establishment of the Truth and Reconciliation Commission (KKR) in Aceh. This study aims to investigate and explain the basis for KKR establishment as well as the concept of Aceh KKR. To answer this, the author uses a juridical-normative approach with the library research method. We find that the formation of KKR in Aceh is based on Article 229 of Law No. 11 of 2006 concerning Aceh Government. However, based on the a quo Law, Aceh KKR is referred to as part of National KKR, while National KKR has yet to be established until today. In addition, the institutional concept of Aceh KKR is independent and non-structural with the aim of strengthening peace, helping to achieve reconciliation between perpetrators of human rights violations and victims, and recommending comprehensive reparation for victims of human rights violations. Aceh KKR is based on Islam, Acehnese, independence, impartiality, non-discrimination, democratization, justice and equality, as well as legal certainty.Keywords: Commission; truth; reconciliation; Aceh; human rights
Implikasi Yuridis Perjanjian Koalisi Politik yang Dibuat di Hadapan Notaris Nur Kholiq
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art6

Abstract

In 2010, Purworejo District held the Regional Head Election (Pilkada) directly. The author conducted a study of the political coalition agreement in the Purworejo District Election in 2010 by formulating the problem of how to implement the political coalition agreement and how its juridical implications. The chosen research is qualitative research that produces descriptive data. The approach chosen in this legal research is nominative-empirical, that is, regarding the implementation of normative legal provisions in action on any particular legal action during the implementation of the Purworejo District Election in 2010. From the research, the author found the role of a Notary in making political coalition agreements in District Election Purworejo. In its implementation, there are two categories of parties to the agreement. First, the agreement between the prospective regent candidates and the regent candidates who are stated in an authentic deed and made before a Notary. Second, the agreement is underhanded between the candidates for the regent and the leaders of the political party who carry it. The political coalition agreement does not have direct juridical implications for the validity of the Purworejo district election process. The agreement also cannot be used as a strong evidence for filing a lawsuit / dispute to court even though the party has found a default.Keywords: Political coalition; agreement; notary
Pertanggungjawaban Hukum atas Keterlambatan Pemberitahuan Akuisisi Asing kepada Komisi Pengawas Persaingan Usaha Muchamad Arifin
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art9

Abstract

This study examines the authority of KPPU (Indonesian Business Competition Supervisory Commission) in the case of late notification of the acquisition of Woongjin shares by Toray Materials. The acquisition is carried out by a foreign company that is not domiciled in Indonesia, so the act is outside the jurisdiction of the Republic of Indonesia. This study also examines the legal liability of Toray Materials for the late notice of Woongjin share acquisition. Toray Materials reasoned that the delay is due to their having insufficient information about the laws and regulations in Indonesia. This study is normative legal research using a legislative approach and a case-study approach. Based on the results, we find that KPPU has the authority over the corporate action by Toray Materials in performing their acquisition of Woongjin shares. Based on the principle of legal duty by mistake element, Toray Materials has the legal responsibility for their action. Their mistake is a form of negligence.Keywords: Business competition; share acquisition
Perlindungan Hukum Peserta Rapat Umum Pemegang Saham dalam Risalah di Bawah Tangan Adib Al Ichsan
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art7

Abstract

This research raises the issues of, first, the legal protection of the interests of GMS participants in Law No. 40 of 2007 concerning Limited Liability Companies, and second, the strength of evidence of GMS minutes of meeting prepared in the form of original deed. This study is library research using a normative juridical approach. Based on the results, we conclude that, first, the legal protection for participants in a General Meeting of Shareholders (GMS) has been arranged in detail in the Law on Limited Liability Companies. The resolution of GMS can be prepared as a notarial deed or minutes of meeting in the form of original deed. Second, the strength of evidence of GMS original deed is deemed perfect as a proof of evidence even though it is based on minutes of meeting or private deed. The minutes are then set forth in the form of a Private Deed Resolution. It is an authentic deed because it fulfills the elements of an authentic deed and does not conflict with the laws and regulations.
Penyalahgunaan Keadaan dalam Perjanjian Pinjam Meminjam Uang oleh Rentenir Ahmad Arif Syarif
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art2

Abstract

This study examines, first, what are the benchmarks used by court in determining the misuse of circumstance in loan agreements by loan sharks? Second, what are the legal consequences of loan agreements that contain elements of circumstance misuse? This study is library research with a normative juridical approach to observe the phenomenon of loan sharks from a legal perspective. The results indicate that, first, there are three benchmarks used by court in determining the misuse of circumstance loan agreements, including moral benchmark of fairness and propriety, benchmark of good faith, and benchmark of profit. Secondly, the legal consequences of loan agreements by loan sharks can be void if one of the aggrieved parties requests cancellation before the judge due to misuse of circumstance. This reason is then classified into the fourth defect of will apart from the other three defects of will that have been regulated in the Civil Code.Keywords: Loan agreements, misuse of circumstances
Peran Mediator dalam Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Sleman Dwi Wiwik Subiarti
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art8

Abstract

This study aims to examine and analyze the role of mediators in resolving sharia economic disputes in Sleman Religious Court. We also aim to determine the obstacles faced by mediators when mediating sharia economic disputes in Sleman Religious Court. This research is a normative legal research using a legislative approach and a case-study approach. Based on the results of the study, we find that the role of mediators in solving sharia economic disputes in Sleman Religious Court is generally unsatisfactory due to several obstacles they face although for some cases of sharia economic disputes the role of mediators has been strong enough to achieve agreement deeds . Though remaining insignificant, the role of mediators has been able to reduce the number of sharia economic cases to be resolved by investigating judges.Keywords: The role of mediators; sharia economic disputes; religious court
Keabsahan Akta Autentik yang Mengandung Unsur Tindak Pidana Pemalsuan Debby Dwi Arlingga
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art3

Abstract

Notary deed is the perfect, strongest, and most complete proof of evidence, thus not only guaranteeing legal certainty but also avoiding disputes. In practice, however, disputes often arise due to the existence of a notary deed. The notary can be liable for his action in making authentic deeds that are not in accordance with the applied provisions or are carried out against the law. This study has 2 formulations of the problem, first, how is the validity of the deed made before a notary containing fraudulent acts according to the Decision of Supreme Court Number 1003 K/PID/2015, and second, how is the notary's liability for the notarial deed containing fraud. The method in this study is normative legal research. The results show that, first, based on the Decision of Supreme Court Number 1003 K/PID/2015 in conjunction with the decision of Pekanbaru District Court Number 247/Pdt.G/2016/PN.Pbr, the Notary Deed No. 149 dated March 30, 2011 is declared valid and valuable before the law, but in terms of the strength of evidence, it is degraded from authentic deed to private deed for violating Article 48, 49, 50, and 51 of Law on Notary concerning Investigators. Second, the notary's legal duty for the deed containing fraud includes criminal, civil, and administrative liabilities.Keywords: Authentic deed; fraud; notary
Perlindungan Hukum Notaris dalam Perkara Pidana Pembuatan Akta Perubahan Berita Acara Rapat Umum Pemegang Saham Maulida Rahimi
Lex Renaissance Vol 2 No 2 (2017): JULI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss2.art10

Abstract

This research aims to analyze and answer issues concerning a notary’s responsibility by criminal law and legal protection of notary in preparing the notarial deed for the official record of an extraordinary general meeting of shareholders (EGMS). This study is qualitative normative juridical legal research. The sources of this research material are obtained from secondary and tertiary legal materials. Substantial legal materials are then systematized, analyzed and given arguments to obtain conclusions on both issues discussed. The results of the study indicate that a notary cannot be liable in criminal penalties relating to EGMS notarial deed because the deed is a partij acte that is entirely based on the acts and statements of the parties involved and has been set as a draft. Therefore, the preparation of such official record becomes the responsibility of the involved applicants. The legal protection for notary against a criminal case is stipulated in Article 66 Paragraph (1) of Law on Notary, stating that investigators, prosecutors, and judges can obtain the copy of the original deed and call the notary to be present in the investigation only with the approval of the Notary Honorary Council in advance. In this case, such requirement is not fulfilled because a regulation from the Minister of Justice has yet to be established further to stipulate the Notary Honorary Council as mandated by the Law on Notary Article 66 A Paragraph (3).Keywords: Notary; legal protection; criminal liability

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