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<![CDATA[Penegakan Hukum atas Tindak Pidana Kekerasan yang Dilakukan Anak di Wilayah Hukum Polresta Yogyakarta ]]>
<![CDATA[Muhammad Yogie Adha]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art4
<![CDATA[Cases that involve children as perpetrators of violence have increased sharply year by year. This phenomenon is interesting to study, especially to examine the common thread, find the root of the problem, and see how the law enforcement process is and what obstacles are faced by the Yogyakarta City Police. The research method used is qualitative field research. The results of the study concluded that the law enforcement process carried out by the Yogyakarta City Police was always guided by the Law, but still needed improvements in the applicable Law.]]>
<![CDATA[Pengelolaan Keuangan Desa Ditinjau Dari Undang-Undang Desa Menuju Masyarakat Yang Mandiri ]]>
<![CDATA[Betha Rahma Sari]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art15
<![CDATA[The background of this research is the guarantee of recognition of the existence of the village through the formation of Law Number 6 of 2014 on Villages (Village Law). The Village Government has a strategic role and position in public services and empowerment of the community. Therefore, in order to empower the community and carry out service functions, the village must be empowered in any sector, one of which is the village financial management. This research will answer the formulation of the problem regarding what is the benchmark in the success of the village financial management in terms of village-related laws and regulations so that a prosperous and independent society is created? This is a normative juridical research with a statutory regulatory approach. The results of the study concluded that the affirmative policy of Law Number 6 of 2014 on Villages has a positive effect on the effectiveness of village governance. This is shown by the increase in the effectiveness of Village government organizations and the effectiveness of village deliberations. In terms of economic independence, efforts to strengthen village financing capacity can be seen from the widening of access to funding resources. The opportunity to empower the village can be made more possible through the empowerment of village-owned enterprises and village cooperation with other villages and / or cooperation with third parties.]]>
<![CDATA[Aspek Hukum Peraktik Kedokteran Melakukan Tindakan Medis Yang Bukan Kewenangan Kompetensi Profesinya ]]>
<![CDATA[Ricky Ricky]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art10
<![CDATA[This research was conducted to determine the limits of doctors in carrying out medical actions that are beyond the authority of their professional competence. This study is based on data that there are still doctors who perform medical actions beond their authority. This is normative legal research that is supported by empirical data by collecting legal materials and interviews. This paper concludes that the doctor’s authority in performing medical practice is required to have a Registration Certificate (STR) and License to Practice (SIP), as regulated in Articles 29 and 36 of Law Number 29 of 2004 on Medical Practice. A doctor is not allowed to take medical action beyond their competence since they possess no certificate of competence that recognizes their study during the educational process as regulated in Article 69 paragraph (1) of Law Number 36 Year 2009 on Health, if they are unable to carry out an examination and treatment then they can carry out the referral process to doctors who have expertise as regulated in Article 27 letter (b) of Law Number 29 of 2004 on Medical Practice.]]>
<![CDATA[Pertimbangan Hakim dalam Menjatuhkan Putusan Denda Bersifat Minimum Khusus dalam Delik Narkotika ]]>
<![CDATA[Heri Zuniarto]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art5
<![CDATA[The eradication of criminal acts of narcotics has been carried out through a judicial process with the regulation of Law Number 35 of 2009 on Narcotics as a guideline for law enforcement. However, in practice, there are still problems, especially for judges in considering a fine sentence which is regulated specifically with a high enough limit. This study aims to determine the judges’ considerations in imposing a fair decision against a special minimum fine in narcotics crime. The research method used is normative-empirical based on statutory law material adjusted to the facts of its application in the judiciary, with juridical normative and empirical juridical approaches. The results of the research found that the special minimum provisions for fine sentences that were quite high were an obstacle for judges in considering the amount of fines to be imposed on the defendant, so that judges tended to impose the amount of fines according to the specific minimum limit of fines, although in implementing the verdict the convict preferred to serve imprisonment as an alternative to fines that cannot be paid. This phenomenon makes the application of fines in judges’ decisions inefficient, especially in the absence of regulations in the Narcotics Law regarding coercion in the context of the application of the penalty itself.]]>
<![CDATA[Pembuatan Salinan Akta Berdasarkan Protokol Notaris Werda Yang Telah Diserahkan Pada Notaris Pemegang Protokol ]]>
<![CDATA[Lentra Nugraha]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art11
<![CDATA[The problems raised in this research are: First, what are the legal consequences for the switched protocol holder being able to make a copy pf deed based on the minutes that have been submitted? Second, how is the protocol for the retired notary make a copy of deed of the minute? This legal research is a combination of normative and empirical study, which uses a statutory and case-based approach and qualitative analysis methods. The results of this study conclude that the legal consequence for switching protocol holders is that they can make a copy of deed based on the minute that has been submitted. As for a damaged certificate, a copy cannot be made again, whereas if the certificate is in good condition then a copy can be made based on its contents. It is the notary who holds the minute of the deed (the recipient of the protocol from the retired notary) who can make the copy, and if the minute is damaged due to negligence then the notary must be responsible, including the one who submitted the protocol (the retired notary). Furthermore, the Notary protocol from another Notary which at the time of submission is 25 years old or more must also be submitted by the Notary who receives the protocol to the Regional Supervisory Council.]]>
<![CDATA[Penyelesaian Pembagian Hak Cipta Dan Hak Atas Merek Sebagai Harta Bersama Dalam Perceraian Islam ]]>
<![CDATA[Titie Rachmiati Poetri]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art6
<![CDATA[Assets generated in marriage are referred as joint assets or marital assets. Joint assets can be in the form of tangible or intangible objects. By using a descriptive method and a statutory approach, this normative legal research aims to analyze the following problems: first, do the copyright and trademark rights generated in a marriage qualify as joint assets according to Islamic law of marriage? Second, how to resolve the distribution of copyright and trademark rights as joint assets in divorce based on Sharia? The results of the research conclude that first, copyright and trademark rights as intangible objects become joint assets if the rights are generated in marriage, even though they are only registered in the name of either husband or wife. Second, in the event of a divorce, the copyright royalty and the right to the mark may become the object of shared joint assets, in which the royalty will be divided by two or based on the considerations of the roles and responsibilities of husband and wife during marriage.]]>
<![CDATA[Legalitas Pencalonan Kepala Daerah Dari Unsur Tentara Nasional Indonesia Dan Polisi Republik Indonesia Dalam Pemilihan Kepala Daerah 2018 ]]>
<![CDATA[Moh Khalilullah A. Razaq]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art1
<![CDATA[This study aims to analyze the legality of the nomination of regional heads from the elements of Indonesian National Army (TNI) and Indonesian National Police (Polri) in the 2018 simultaneous regional elections. With problems formulation as follow : First, is the nomination of regional heads from elements of TNI and Polri in the 2018 simultaneous regional elections in line with the legislation? Second, what are the proper arrangements for regional head candidates from the elements of TNI and Polri in the 2018 simultaneous regional elections? This study uses a juridical-normative approach. In addition, this study also uses a field study approach based on the scope and identification of the existing problems. The results of the study concluded as follow: First, TAP MPR Number VII / MPR / 2000 on the Role of TNI and the Role of Police; Law Number 34 of 2004 on Indonesian National Army and Law Number 2 of 2002 Indonesian National Police determine that the TNI and Polri are impartial in political affairs and do not involve themselves in practical political activities. TNI and Polri can hold civilian positions after resigning or retiring from the TNI and Polri institutions, so that they do not conflict with the statutory regulations. Second, even though they have resigned, active members of the TNI and Polri who wish to run for regional head candidates should first wait for a gap of at least two years, to ensure the impartiality and maintain the morale of the TNI and Polri institutions.]]>
<![CDATA[Implikasi Hukum Terhadap Akta Yang Dibuat Oleh Notaris Yang Tidak Dibacakan Dan Ditandatangani Secara Bersama-Sama ]]>
<![CDATA[Mia Elvina]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art12
<![CDATA[The purpose of this research is to examine the reality that happens in the practice of notaries that often occurs and unavoidable, namely where the applicants do not come before the notary at the same time. This is common almost every region. Not only violating the principle of propriety, it is also a sporadic habit that is considered a trivial matter. This is a juridical-empirical legal research on the implementation of normative legal provisions in real behavior that occurs in society. The results of the study conclude that the lack of awareness of the Notary in practicing and implementing authentic deed-making procedures based on the provisions of the Law and the weak supervision of the institutions that are obliged to supervise Notaries in carrying out their duties and functions, making the Notary who is a bank partner does not read out and ensure that the deed is signed properly together. Furthermore, the reading and signing of the deed that was not carried out in front of a notary would result in a decrease in the authenticity value of the deed into an under-hand deed.]]>
<![CDATA[Eksistensi Jaminan Fidusia Sebagai Langkah Perlindungan Hukum Bagi Kreditur Dalam Akad Murabahah: Studi Kasus Putusan Mahkamah Agung No. 452k/Ag/2016 ]]>
<![CDATA[Muktar Bebi Saputra]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art7
<![CDATA[The development of financial institutions in Indonesia can be seen from the increasing number of non-bank financial institutions that have sprung up so that they may become an alternative to financial institutions other than banks to meet the needs of the community. One of them is financing institutions, especially those that use fiduciary guarantees which are considered to have a separate existence in terms of legal protection for creditors. Fiduciary guarantees are often applied in Murabahah financing contracts. Therefore, this study examines two problems, namely: First, how is the existence of fiduciary security as a measure of legal protection for creditors? Second, what is the legality of the fiduciary guarantee in the murabahah contract? This research is normative in nature, where the results conclude that: fiduciary guarantee which is an additional guarantee (accessoir) while the Murabahah contract is the primary agreement, therefore the existence of the fiduciary guarantee depends on the Murabahah contract itself; while the form of legality of the fiduciary guarantee in the murabahah contract is in the application of the precautionary principle.]]>
<![CDATA[Pembuktian Tindak Pidana Zina Berdasarkan Bukti Petunjuk: Analisis Putusan Pengadilan No. 506/Pid.B/2017/PN Smn ]]>
<![CDATA[Dayu Putra]]>
<![CDATA[ Lex Renaissance Vol 5 No 2 (2020): APRIL 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss2.art2
<![CDATA[This study discusses the use of indicative evidence as a basis for proving adultery and what kind of indicative evidence has the justification for proving adultery. The research method used is normative juridical with a case and statutory approach. The results of the study concluded that: First, the use of indicative evidence is very much dominated by the subjectivity of judges. This evidence is used after the judge is absolutely sure that the defendant has committed adultery based on the conformity and logical relationship between each fact and the element of adultery that is to be proven. When using indicative evidence, the judge strongly emphasized the fact that the defendant was together in a closed room within a period of time that allowed for adultery, to be linked to the Supreme Court Decision Number 854K / Pid / 1983, which became the legal source of proof of adultery or sexual intercourse. The use of indicative evidence is always linked to the inability of the defendant to prove his argument; and Second, indicative evidence that has justification must meet the formal and material requirements.]]>
