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<![CDATA[Tinjauan Yuridis Terhadap Notaris Yang Dinyatakan Pailit Ditinjau Berdasarkan Undang-Undang Jabatan Notaris ]]>
<![CDATA[Aga Waskitha Wiryawan]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art12
<![CDATA[This research discusses the Juridical Review of Notaries who have been Declared as Bankrupt under the Law of Notary Office. The problems formulated in this study are 1) What are the factors to declare a Notary as bankrupt based on the Law on Notary Office? 2) What is the legal consequence of a Notary declared bankrupt based on the Law on Notary Office? This is a normative study with statutory approach and qualitative analysis methods. The results of this research conclude that the factors to declare a Notary as bankrupt by the court, among others, due to the inability to pay compensation to creditors outside of his / her position as a notary, namely as someone with another business that does not violate his / her position. Furthermore, the legal consequence of the bankruptcy is being dishonorably discharged by the Ministry of Law and Human Rights, which violates the dignity of the Notary in accordance with the rules in the Notary Code of Ethics, hence it is considered a disgraceful act and humiliates the Notary's dignity and position.]]>
<![CDATA[Peran Notaris Dan Perlindungan Hukum Dalam Perjanjian Jual Beli Bekas Tanah Kas Desa Pandowoharjo Sleman ]]>
<![CDATA[Ivan Novian Janitra]]>
<![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.art13
<![CDATA[This study aims to determine the role of a notary and legal protection for the sale and purchase of rights to land former treasury land in Pandowoharjo Village, where the formulation of the problems posed are: First, how is the legal protection for sellers and buyers in buying and selling rights to land former village treasury lands in Pendowoharjo Village which was made under-hand?; Second, what is the role of the notary in the settlement of the sale and purchase of rights over the former treasury land of Pendowoharjo Village which was made under-hand? This research is descriptive-qualitative, in which data is collected by interviewing the Sleman Regency Land and Spatial Planning Office, Pandowoharjo Village Administration, Pandowoharjo Residents and Notaries in Sleman Regency, as well as studying and reviewing laws and regulations, library books and other documents related to research. The results of this study concluded that legal protection was carried out by the Pandowoharjo Village Government by facilitating the under-hand sale and purchase to be witnessed by village officials and the Chief of Village; Additionally, the author suggests that the role of the Notary can be involved in order to strengthen the evidenciary power of the underhand agreement by legalizing the sale and purchase agreement letter of the former treasury land of Pandowoharjo Village.]]>
<![CDATA[Kekuatan Klausula Pengaman Diri Dalam Akta Bagi Notaris ]]>
<![CDATA[Andi Listiana]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art15
<![CDATA[The purpose of this research is to identify the legal binding force of the Notary's self-security clause in the deed if there is a client who denies it and to analyse whether the self-security clause in the Partij deed can provide legal protection for Notaries in carrying out their duties and functions. This research was conducted using the empirical juridical method, namely how the law is implemented in social life. Primary data were obtained from interviews, and while the secondary ones were from literature studies and the laws. The result of the research concludes that the responsibility of the notary is limited to the formal truth in a deed. Notaries have no responsibility to judge the material truth of the information obtained from the clients. Subsequently, in the event of the party in the deed accuses or argues that the Notary has included false information in the authentic deed shall not justifiable as the Notary is not a party to the deed.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Pemegang Jaminan Gadai Saham ]]>
<![CDATA[Annisa Oktaviananda Putri]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art7
<![CDATA[This research contains the problem formulation as follow, first, what is the rationale behind the judge's consideration in deciding the share-mortgage case based on the Supreme Court Decision No. 240 PK/Pdt/2006 and the Supreme Court Decision No. 115 PK/Pdt/2007. Second, how the Supreme Court Decision No. 240 PK/Pdt/2006 and the Supreme Court Decision No. 115 PK/Pdt/2007 provide legal protection to the mortgaged share holders. This is a normative legal research with case and legislation approach. The results indicate that there are differences in the outcomes of the Supreme Court Decision No. 240 PK/Pdt/2006 and the Supreme Court decision No. 115 PK/Pdt /2007 in the substance of the similar case. Based on the Supreme Court No. 240 PK/Pdt/2006, the execution of share-mortgage by PT BFI Finance Indonesia Tbk is illegal, while in the Supreme Court Decision No. 115 PK/Pdt/2007 the execution by PT BFI Finance Indonesia Tbk is legal. The difference in the outcomes of the decisions in the substancially similar cases has created legal uncertainty over the protection of PT BFI Finance Indonesia Tbk's rights as a creditor as well as the mortgaged share holder.]]>
<![CDATA[Analisis Yuridis Atas Tenaga Keperawatan Yang Melakukan Pelecehan Seksual Kepada Pasien ]]>
<![CDATA[Dhian Yuli Prasetyo]]>
<![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.art8
<![CDATA[This study discusses two problems: First, what is the basis for the policy of sexual harassment by nursing staff against patients in statutory regulations; and second, what is the urgency of lex specialis in criminal governance for nursing staff who sexually abuse patients. This study uses a normative juridical method with a statutory approach. Data collection was carried out by literature study with qualitative analysis. The results of the study concluded that: First, the policy on the criminal act of sexual harassment by nursing staff against patients still applies the general legal rules to decide on perpetrators who have the nursing profession, namely based on Article 290 paragraph (1) of the Criminal Code; and Second, the urgency of the lex specialis in regulating criminal acts of sexual harassment by nursing personnel against patients is because the existing regulations have not been able to fully address the problem of sexual harassment, especially in the protection of victims.]]>
<![CDATA[Penerbitan Sertipikat Hak Milik Oleh Kantor Pertanahan yang Berdasarkan Letter C (Studi Kasus pada Sertipikat Hak Milik Nomor 2092/Margosari di Kantor Pertanahan Kabupaten Kulonprogo) ]]>
<![CDATA[Khanifan Khanifan]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art9
<![CDATA[The research aims to determine the mechanism of issuance and legal certainty of Freehold Certificate No. 2092/Margosari on behalf of Ranu Dikromo which occupies Persil 62a P Class III on behalf of Sonto Permono. This study uses an empirical juridical approach, namely by examining secondary data first then followed by conducting research on primary data in the field. The results of the study conclude, first, the issuance of a certificate of property rights by the Kulon Progo Regency Land Office through stages based on the prevailing laws and regulations in Indonesia, however, many of the legal requirements for registration applications are manipulated and there are indications of illegal acts. Second, legal certainty SHM No. 2092/Margosari can still be contested in terms of its legality. The heirs of Sonto Permono who object to the issuance of the certificate can file a lawsuit at the local court. The court will decide on the basis of evidence that convinces the judge whether there has been an illegal act of issuing the certificate or affirming the issuance of the certificate.]]>
<![CDATA[Perlindungan Hukum Anak Korban Kekerasan Seksual dari Reviktimisasi dalam Sistem Peradilan Pidana ]]>
<![CDATA[Indriastuti Yustiningsih]]>
<![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.art3
<![CDATA[Child victims of sexual violence who undergo the criminal justice process still experience re-victimization when giving their testimony in court, child victims must remember and recount the chronology of the sexual violence they experienced, where it will cause psychological trauma that will take longer to heal and will affect the victim’s future . Departing from this perspective, this study intends to examine the efforts to prevent the victimization of child sexual violence victims in the criminal justice system in Indonesia. This is an empirical research with an empirical juridical approach by examining how the law works in the society. This research concludes that in order to prevent the re-victimization of child victims of sexual violence in the criminal justice system, a legal policy is needed by making changes to the criminal procedural law. The provisions contained in Article 58 paragraph (3) letter (a) of Law Number 11 of 2012 on the Juvenile Criminal Justice System for Children can be applied as a basis for examining child victims since the beginning of the judicial process, in which electrocnic recording should be made during the investigation stage, oath-taking and making a Police Investigation Report (BAP), and it can be used as an admissible evidence in the argumentation, so that it is sufficient for the victim to provide information only at the investigation stage.]]>
<![CDATA[Kedudukan Amicus Curiae Dalam Sistem Peradilan Di Indonesia ]]>
<![CDATA[Linda Ayu Pralampita]]>
<![CDATA[ Lex Renaissance Vol 5 No 3 (2020): JULI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss3.art4
<![CDATA[This article discusses the position of Amicus Curiae's opinion in the Indonesian judicial system. The method used is normative legal research using a statutory approach. The results of this study conclude that Amicus Curiae is not widely known but has been practiced in the judicial system in Indonesia. Thus, Amicus Curiae is one of the elements in the judicial system in Indonesia that does not yet have a standardized form, because there is no clear and specific regulation regarding this matter. In the judicial system in Indonesia, Amicus Curiae's position cannot be considered as a witness statement or an expert witness, because Amicus Curiae is more of a public participation whose opinion is accepted and can be considered by the judges.]]>
<![CDATA[Perlindungan Hukum Terhadap Saksi Dan Korban Dalam Sistem Peradilan Pidana Di Indonesia ]]>
<![CDATA[Bambang Julianto]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art2
<![CDATA[One of the much needed legal evidences which is almost always present in every criminal case is witness testimony. Therefore, legal protection for witnesses and victims is very necessary to provide a sense of security and protection from all forms of fear and threats from perpetrators of criminal acts that might affect the truth in criminal justice system. This study aims to analyze the following problems: implementation of protection for witnesses and victims in the criminal justice system; how to get protection from the Witness and Victim Protection Agency (LPSK) in the criminal justice system; and obstacles of LPSK in providing protection for witnesses and victims. This research uses empirical method, whereby the data collection technique is done by interview and literature study. The results of the study indicate that the implementation of the witness and victim protection policy begins with the implementation of Law No. 13 of 2006 on the Protection of Witnesses and Victims, by reflecting the legal protection of witnesses in the United States. The procedures for applying for protection to the LPSK are regulated in LPSK Regulation No. 6 of 2010 concerning Procedures for Protection of Witnesses and Victims. Meanwhile, the obstacles include but not limited to the position of LPSK which is only in the capital city, the mindset of the law enforcement officials, and the lack of cooperation between the LPSK and other agencies.]]>
<![CDATA[Studi Komparatif Penyediaan Penerjemah Terhadap Penghadap Notaris Tuli Di Indonesia Dan Jepang ]]>
<![CDATA[Muhammad Reza Hastomo Aji]]>
<![CDATA[ Lex Renaissance Vol 5 No 1 (2020): JANUARI 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss1.art13
<![CDATA[This study aims to compare the Law on Notary Office in Indonesia (UUJN) with the Law on Notary Office in Japan (Koshoninho) in the case that the Notary finds deaf people/communities as their clients, with the first problem formulation, what are the differences between UUJN and Koshoninho in providing translators for deaf applicants? Second, how do notaries in Indonesia implement UUJN when they find deaf applicants as their clients ? This is a normative juridical research in which interviewing the informants become additional information in this study. The results of the research conclude that, first, the differences in the provision of translators for deaf Notaries on UUJN and Koshoninho are in the condition of applicants, the use of translator phrases, and recognition of deaf people/communities, second, the implementation of a Notary in Indonesia when they find deaf people as clients is by using the services of a sign language interpreter.]]>
