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"Vol 3 No 2 (2018): JULI 2018"
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<![CDATA[Efektivitas Hukum Pencabutan Hak Dipilih terhadap Koruptor Dalam Pemberantasan Korupsi ]]>
<![CDATA[Baumi Syaibatul Hamdi]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art1
<![CDATA[Corruption is an endless problem in Indonesia. Judging from its practice, corruption is often identified with the abuse of authority or power for personal gain. The issues raised in this study are, first, how is the revocation of the rights to be elected in the perspective of laws and regulations? Second, how is the effectiveness of revocation of the rights to be elected in eradicating corruption? This study aims to analyze the effectiveness of the law of revocation of the rights to be elected against corruptors in eradicating corruption. The analysis is described through the statutory approach and conceptual approach. This study concludes, first, revocation of the rights to be elected against corruptors is one of criminal sanctions and an effective effort in eradicating corruption and does not constitute a violation of human rights. Criminal law, human rights law and the Corruption Act provide legitimacy to revoke the rights to be elected against corruptors. Second, the effectiveness of the law on revocation of such rights has a deterrent and prevention effects. Revocation of selected rights has become a necessity for judges to make revocation of chosen rights as a standard imposing sanctions for corruptors in the context of eradicating corruption.Corruption is an endless problem in Indonesia. Judging from its practice, corruption is often identified with the abuse of authority or power for personal gain. The issues raised in this study are, first, how is the revocation of the rights to be elected in the perspective of laws and regulations? Second, how is the effectiveness of revocation of the rights to be elected in eradicating corruption? This study aims to analyze the effectiveness of the law of revocation of the rights to be elected against corruptors in eradicating corruption. The analysis is described through the statutory approach and conceptual approach. This study concludes, first, revocation of the rights to be elected against corruptors is one of criminal sanctions and an effective effort in eradicating corruption and does not constitute a violation of human rights. Criminal law, human rights law and the Corruption Act provide legitimacy to revoke the rights to be elected against corruptors. Second, the effectiveness of the law on revocation of such rights has a deterrent and prevention effects. Revocation of selected rights has become a necessity for judges to make revocation of chosen rights as a standard imposing sanctions for corruptors in the context of eradicating corruption.]]>
<![CDATA[Peran Balai Harta Peninggalan Dalam Peralihan Hak Tanah Bagi Keturunan Arab Di Yogyakarta ]]>
<![CDATA[Wahyu Hadis]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art12
<![CDATA[Circular Letter of the Ministry of Domestic Affairs of the Directorate General of Agrarian Number Dpt/12/63/12/69, dated December 20, 1969, stated that the certificate of inheritence can be made by a Notary, Head of District, and also the Heritage Centre. Departing from this, this study aims to analyze and understand the role of the Heritage Center in the transfer of inheritance rights to land of Indonesian citizens of Arab descent in the Special Region of Yogyakarta and understand the legal consequences if it is known that the inheritance certificate of Arab descent was issued by the Village Government or Public Notary on the transfer of Land rights. The results of the study show that in the case of the certificate of inheritance of an Indonesian citizen of Arab descent is an absolute product and the full authority possessed by the Heritage Centre, there are two legal consequences if it is known that the certificate of inheritance of Far Eastern Indonesian citizens is made by a Notary or Village Government in Submission of Transition Inheritance rights at the National Land Agency are null and void and can be canceled if there is a transfer.]]>
<![CDATA[Peran Notaris dalam Mendorong Terciptanya Kepastian Hukum Bagi Investor dalam Investasi Asing ]]>
<![CDATA[Yusrizal Yusrizal]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art7
<![CDATA[This study discusses how the role of the notary in encouraging the legal certainty investors in foreign investment with the aim of knowing the extent of the role of the notary in serving foreign investors. This study uses a combination of normative and empirical methods by examining some rules and interviews. The results of the study found that the role of the notary on this issue is limited to making a Company Establishment Deed, Cooperation Agreement, Minutes of General Meeting of Shareholders Substitution of Shareholders, investors can also provide power of attorney to the notary related to the permit management. In all types of notary authority there are also legal consequences for the notary when negligence in making the deed in the form of civil and administrative sanctions.]]>
<![CDATA[Kedudukan Audit Medis dalam Penegakan Hukum Tindak Pidana di Bidang Medis ]]>
<![CDATA[Hamdani Abubakar]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art2
<![CDATA[This study examines the status of Medical Audit in law enforcement in the medical field, and to what extend can Medical Audit be used as evidence in court proceedings. The concept of this research is juridical-empirical, with descriptive-qualitative study, the method used is literature and interviews, relying on legislation relating to health services in hospitals. This study uses a theory consisting of health legal instruments relating to ethics and law, Hospital Law, Medical Records, Medical Audits, Professional Standards, and Operational Procedure Standards, as well as materials for criminal actions and criminal accountability. The results showed that Medical Audit can be applied in investigations and inquisitions by the police. However, the police do not use Medical Audit as an instrument of enforcement and verification, whilst it is very crucial in assessing a certain relevant issue. Law enforcement is expected to be able to make the Medical Audit as part of the admissible evidence in the Police.]]>
<![CDATA[Perlindungan Hukum Notaris Terhadap Perjanjian Perikatan Jual Beli yang Diikuti Dengan Adanya Pengakuan Hutang ]]>
<![CDATA[Ivan Chairunanda Kusuma Putra]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art8
<![CDATA[This study aims to determine the objective legal conditions in the sale and purchase agreement made by a notary for the purpose of recognition of debt, with the following problem formulation: How does the legal protection of the notary in the drafting of the sale and purchase agreement for the purpose of recognition of debt? What is the validity of the sale and purchase agreement, and the responsibilities of the parties if there is one party that is in default? This research is an empirical legal study, in which the data is collected through interviews with Notaries in Yogyakarta City, and the results are presented in the form of descriptions and opinions. The analysis was carried out using a statutory approach combined with facts obtained from interviews. The results show that legal protection for notary deeds of sale made for the benefit of debts and debts still has many weaknesses: formal legal rules that do not fully protect the rights of the parties, such as the absence of legal force on the deed if there is default; there is also the possibility of canceling the deed, because the deed of sale and purchase agreement with the deed of accounts payable is separated, so it is not in accordance with the provisions of the relevant act. In this study, the authors recommend to the parties to always prioritize their respective rights and obligations according to the law, so that the deed has the same legal force.]]>
<![CDATA[Pertanggungjawaban Pidana Korporasi dalam Tindak Pidana Kebakaran Hutan dan Lahan ]]>
<![CDATA[Reza Fadhli]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art3
<![CDATA[This legal research aims to first, identify the criteria to determine if a corporation causes land and forest fires, and second, how would the corporate criminal liability answer for the crime in clearing the lands burning them aw well as the violation of the environmental quality standards due to the land and forest fires in accordance with Law No. 32 of 2009 on Environmental Protection and Management. This is a normative legal research, the use of legal materials includes primary and secondary legal materials through the collection of data from literature study. The method used to analyze the data is qualitative analysis. The reseach concluder fisrt, criteria for corporations committing criminal acts on land and forest fires is if the crime is committed by, for or on behalf of a business entity carried out by a person in a work relationship or other relationship within the scope of work of a business entity. Second, the form of corporate criminal liability in criminal acts on land and forest fires is criminal liability identification. Because there are errors in the corporation management (director) as the person in charge of the business whose business has the possibility/great impact on environmental damage and pollution such as land and forest fires fires and violating the environmental quality standards.]]>
<![CDATA[Peran Notaris-PPAT dalam Pembuatan Akta Pembiayaan Kepemilikan Rumah Melalui Bank Syariah ]]>
<![CDATA[Husain Asmara DM.]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art9
<![CDATA[This research was conducted to analyze the role of the Notary and Land Titles Registrar (PPAT) in the drafting of the deed of financing a home ownership through a Sharia Bank and what obstacles were experienced in the financing method. This research uses a normative approach with a literature study supported by the results of the interview. The results show that the Notary has a different role when becoming a partner of Bank Muamalah Yogyakarta and Bank BTN Yogyakarta. In addition, the Notary also made a certificate of financing recognition, a Purchase Binding Agreement (PPJB), a Buy Back Guarentee Deed, and a Power of Attorney Imposing Mortgage Rights (SKMHT). While the role of PPAT is to make Deed of Sale and Purchase Deed of Mortgage Right (APHT). In making APHT, the PPAT cannot convert into a financing guarantee because its default provisions have been regulated in the Head of the Republic of Indonesia's National Land Agency Regulation No. 8 of 2012 concerning Land Registration, therefore the PPAT still writes it as a debt guarantee. As for several obstacles experienced, among others, the number of customers who do not comprehend the Islamic contract, the absence of one of the parties during the reading and signing of the deed, as well as the process involving BPN which is still too complex that the acceleration method at BPN is often used.]]>
<![CDATA[Penegakan Hukum Pemberantasan Tindak Pidana Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 25/PUU-XIV/2016 ]]>
<![CDATA[Rio Rinaldi Silalahi]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art4
<![CDATA[This study aims to determine the perspectives of Advocates and Corruption Eradication Commission (KPK) on the decision of the Constitutional Court (MK) No. 25/PUU-XIV/2016 concerning the removal of the word “can”; and how the law enforcement practices were carried out by Advocates and KPK after the Constitutional Court's decision. This research is normative with an empirical dimension and a juridical approach. The method used in analyzing the data is qualitative. The results show that, the perspective of the post-verdict advocate MK No. 25/PUU-XIV/2016 namely the change in formal offense to material offense is considered to provide fairer legal certainty. While the KPK's perspective on the decision was considered counterproductive in an effort to prevent state financial losses due to corruption. The implication is that the KPK is increasingly difficult to ensnare criminal acts of corruption from the natural resource or environmental sector that are potentially detrimental to state finances. Law enforcement practices carried out by lawyers after the Constitutional Court's decision have not been fully optimal. While the law enforcement practices carried out by the KPK after the Constitutional Court's ruling are as usual because before the Constitutional Court's ruling, the KPK always bases state financial losses with certainty, even if they create potential state losses, also attaching certainty (Both).]]>
<![CDATA[Peran Notaris Dalam Proses Pembuatan Akta Pendirian Perseroan Terbatas ]]>
<![CDATA[Siti Fauziah Dian Novita Sari]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art10
<![CDATA[This study aims to examine the role of a notary in the process of drafting a Deed of Establishment of a Limited Liability Company (PT) and the authority of a public notary in providing legal counseling to the applicant. This study uses a juridical-empirical method by exploring information obtained from interviews and data from literature studies. The analytical method used is qualitative and then presented in the form of descriptive scientific work. The results concluded that the notary's role was to confirm the will of the founders, and to provide legal counsel in accordance with Law No. 40 of 2007 on Limited Liability Companies to be formulated in the Deed of Establishment of the Limited Liability Company, the notary also has the role as the attorney for founders to obtain the legal entity status from the Deed of Establishment until its announcement of the Company in the Official Gazette of the Republic of Indonesia. The responsibility of the public notary in the Deed of Establishment is only limited to the formal truth conveyed by the parties but must still refer to the provisions stipulated in Law No. 2 of 2014 on the Position of Public Notary. In exercising its authority in providing legal counseling, notaries are required to have broad insights and views in order to be able to direct the contents of the deed in accordance with the provisions of the applicable legislations. The notary is expected to apply the precautionary principle in making the Deed to minimize errors in the making.]]>
<![CDATA[Dampak Penerapan Agreement On The Application Of Sanitary And Phytosanitary Measures Terhadap Perdagangan Di Indonesia ]]>
<![CDATA[Fahmi Fairuzzaman]]>
<![CDATA[ Lex Renaissance Vol 3 No 2 (2018): JULI 2018 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol3.iss2.art5
<![CDATA[The problem in this research is whether the SPS Agreement actually becomes a barrier in trade? And what is the impact of the SPS Agreement on trade in Indonesia? The research method used is Normative Juridical. The results of the study concluded, first, the existence of the SPS Agreement can be a barrier to trade, but it is an obstacle that is excluded as long as it is done in accordance with the provisions contained in the SPS Agreement. Second, the existence of the SPS Agreement allows Indonesia to implement regulations that better protect its citizens from health risks that may arise from the import of certain products, especially food. These rules must still be in line with the SPS Agreement.]]>
