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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 320 Documents
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Tanggung Jawab Notaris/PPAT terhadap Akta yang Dibatalkan oleh Pengadilan Lidya Christina Wardhani
Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss1.art4

Abstract

AbstractNotary / PPAT as one public official has an important role in guaranteeing the rule of law, order and legal protection through an authentic deed made by and before him, the authentic act is strong evidence and if there is a dispute in court unless it could be proved guilty , so the deed of Notary / PPAT provide a perfect proof. The problem is how responsibility Notary / PPAT of the certificate canceled by the court? how the legal consequences of the Notary / PPAT due to the cancellation of an authentic act by a court ?. This study is a normative research with the approach of legislation, analytical approach and the approach to the case. The results showed first, Shape responsibility Notary / PPAT of the certificate canceled by the Court related to the case in this study included, civil liability, criminal and administrative. Second, Good cancellations due to civil, criminal, or administrative error by the Notary / PPAT in deed, in general due to the cancellation of the law by the Court of the authentic act is null and void, irrevocable and degraded the strength of evidence.Keywords: Notary, Responsibility, Deed, the Court
Sabdatama dan Sabdaraja Sri Sultan Hamengku Buwono X dalam Perspektif Keistimewaan Daerah Istimewa Yogyakarta Raisa Rizani
Lex Renaissance Vol 1 No 1 (2016): JANUARI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss1.art2

Abstract

The issue of Sabdatama and Sabdaraja by Sri Sultan Hamengku Buwono X has created pros and cons both from the internal parties and external of Kraton (Kingdom).  This research is to study two issues: first, what is the juridical implication with the issues of Sabdatama and Sabdaraja towards Regulation No. 13 of 2012 about the Specialty of Special District of Yogyakarta (DIY)? Second, can Sabdatama and Sabdaraja be as a reference in revising the Law of Specialty? The research method used is the normative-juridical method with the historical approach and the regulation approach. The result of this research concluded: first, the substances of Sabdatama and Sabdaraja are contradicting with the Specialty Regulation of Special District of Yogyakarta and is not included in the hierarchy of law and regulation and not as a source of constitutional law. Second, Sabdatama and Sabdaraja are not suitable if used as a base to change the Law of Specialty of Special District of Yogyakarta. Keyword: Sri Sultan Hamengku Buwono X, Law of Specialty of Special District of Yogyakarta (DIY), sabdatama, and sabdaraja
Hak Cipta sebagai Objek Jaminan Fidusia Rany Kartika Sari
Lex Renaissance Vol 1 No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art10

Abstract

AbstractThis Thesis is conducted to assess the implementation of Article 16 Section (3) Number 28 Year 2014. It stated that copyright could be as fiduciary. The problem statements are: Could the copyright as the object of fiduciary be executed if the debtor breachs the contract?; How is the role of the notary in order to create burden of fiduciary deed the copyright?. The analyzes are normative qualitative and futuristic. The result of the thesis shows that copyright which is secured fiduciary, it could be executed based on Article 29 Law Number 42 Year 1999 about Fiduciary. The reason is the economic right of the copyright could be secured (it is an intangible object). Besides, related to the notary’s deed, the authority of the notary to make burden of fiduciary deed has already been mentioned on the Article 5 Section (1) about Fiduciary, thus there is no reason for the notary to reject for creating deed of fiduciary with copyright as the object. It is neccessary for the notary that having deep acknowledgement related to the copyright theoritically and practically.  Key words: Copyright, Fiduciary, Deed
Efektivitas Pengawasan Majelis Pengawas Daerah (MPD) Kota Yogyakarta Terhadap Perilaku Notaris di Kota Yogyakarta menurut Kode Etik Notaris NEKY KUNTJORO
Lex Renaissance Vol 1 No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art5

Abstract

AbstractProblems in the study: first, how the effectiveness of the supervision of the Regional Supervisory Council (MPD) Yogyakarta on behavior according Notary Notary Code? Second, whether the sanctions provided by the Regional Supervisory Council (MPD) of Yogyakarta to the Notary Public who Notary Code violations. To answer these problems juridical empirical research by reviewing the primary data and secondary data were analyzed descriptively. The study concluded, first, the implementation of supervision by the Supervisory Council of City of Yogyakarta have been effective because it is consistent with the supervision of working procedures of the Regional Supervisory Council. While Supervision and inspection of Notary conducted by the Supervisory Council, in which there are elements of Notaries , thereby at least Notary supervised and examined by the Supervisory Council members are definitely better understand the world Notary. Secondly, a notary who commit violations of the Code, the Honorary Board in coordination with the Council of Regional Supervisor will check such violations, and may impose sanctions on violators, sanctions imposed upon members of the Indonesian Notary Association who violates the Code of Conduct, according to Article 6 of the Notary Code, namely form: 1. Reprimand; 2. Warning; 3. Schorzing (temporary dismissal) of the membership associations; 4. Onzetting (dismissal) of the membership associations; 5. Dismissal with no respect from the membership association.Keywords: Development and Supervision
Tanggung Jawab dan Perlindungan Hukum bagi Notaris secara Perdata Terhadap Akta yang Dibuatnya Kunni Afifah
Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss1.art10

Abstract

AbstractThis study examines the form of liability and legal protection in civil Notary on the deeds made. This law research is empirical juridical kind. The results of this study indicate that a civil liability of a Notary who committed an unlawful act is the Notary shall account for his actions with civil sanctions in the form of reimbursement or compensation to the injured party on an unlawful act committed by a Notary. But before Notary sanctioned civil then Notary must first be proven that there has been any loss arising out of a tort Notary against the parties, and between the losses and the tort of Notaries are causal relationships, and tort or negligence due to an error that can be accounted to the Notary concerned. While the form of legal protection for Notary on the deeds which made related to civil liability Notary is the Honorary Council of notaries who are independent, in this case the existence of MKN not a sub part of the government who appointed him.Keywords: Notary, responsibility in the civil protection law
Rekayasa Piutang oleh Kreditor untuk Memenuhi Persyaratan Permohonan Pernyataan Pailit Muhammad Redha Anshari
Lex Renaissance Vol 1 No 1 (2016): JANUARI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss1.art8

Abstract

To meet the requirements of the bankruptcy proposal is with the existence of two or more creditors. However, there is a creditor that does not have a legal document known as the fictive creditor. The issues in this research included first; what is meant by fictive creditor? Second, how is the regulation of fictive creditor? This is a normative research in which the results of the research concluded that first, the fictive creditor is a creditor that does not have any valid document and the existence if none but emerged for certain purpose by the creditor or debtors themselves. Second, if this occurs the fictive creditor can be deceived with the articles on the falsification as regulated in Criminal Code. Those provisions are related to the issue of the letters not containing the truth or letters are adulterated as regulated in Chapter XII entitled “Tentang Pemalsuan Surat” (About the Letter Forgery), particularly Article 263, 264, and 266. There is one article 520 related to PKPU.  Keywords: Fictive creditor, bankruptcy and forgery
Penerapan Doktrin Misbruik Van Omstandigheiden terhadap Pembatalan Akta Notaris Berdasarkan Putusan Pengadilan Latifa Mustafida
Lex Renaissance Vol 2 No 1 (2017): JANUARI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss1.art5

Abstract

AbstractThe problem in this research is how the development of the Doctrine of Abuse of state (Misbruik Van Omstandigheiden), particularly in the jurisdiction of the District Court of the city of Yogyakarta to  the authentic deed of Notary, as well as analyzing the legal consequences of the Court's decision on the revocation of the deed on the basis of the doctrine of abuse situation against a Notary and the penghadap party. This type of research used juridical empirical. The study concluded that the doctrine of abuse of court decisions by state (Misbruik Van Omstandigheiden) largely resulted in an authentic deed is canceled, the verdict there was a trend shift in principle proof of formal properties of the material truth in the proceedings. Therefore Notaries in the whole procedure and authentic act of making not only have to pay attention to the formal requirements, but it is necessary to examine the material truth of the deed that will be made, so as to prevent the occurrence of litigation or cancellation of the certificate of authentic products.Keywords: Abuse of state, Misbruik Van Omstandigheiden, contract, shift Proof.   
Problematika Hukum Calon Tunggal dalam Pemilihan Kepala Daerah Serentak Tahun 2015 Maryam Nur Hidayati
Lex Renaissance Vol 1 No 1 (2016): JANUARI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss1.art3

Abstract

The legal issue on the single candidate of regional head has been initiated with the emergence of phenomenon of the single candidate of regional head in a number of regions in Indonesia. In reality, Law Number 8 of 2015 does not anticipate the existence of the candidate of regional head and to anticipate such condition, the Regulation of KPU No. 12 of 2015 regarding the postpone of the election of regional head is issued if there is only one pair of condidate in one region. The research studies the issues: first, the legal issue the single candidate of regional head in the election of the regional head is contemporaneous in 2015 in accordance with Regulation No. 8 of 2015; Second, the effort to cope with the single candidate of regional head in the following election of regional head. This is a qualitative research with the method of normative-descriptive approach that has been analyzed descriptively and processed using the literatures from the secondary data sources. The results of the research showed that first, the legal issue on the single candidate of regional head in the election of the regional head simultaneously occurred in 2015 is initiated with the legal solution from KPU with the issue of Regulation of KPU no. 12 of 2015 and the existence of the legal claim of judicial review to the Constitutional Court creating a number of legal implications. Second, the effort to prepare the next contemporaneous election of the regional head needs to be given a revision of Regulation No. 8 of 2015. This is as an effort to enforce the demoracy and to prioritize the people’s rights in Indonesia.  Keywords: Legal issues, single candidate, election of regional head
Konstruksi Ideal Pengaturan Hak Ingkar Notaris Pasca Berlakunya Putusan Mahkamah Konstitusi Nomor 49/Puu-X/2012 dan Perubahan Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris Ardana Restika
Lex Renaissance Vol 1 No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art11

Abstract

AbstractThe study examines the issue of how the ideal construction legal protection of the right of refusal and whether the right of refusal Notary Notaries can be used to reject as a witness in court. The method used is a normative juridical research comes with empirical data, the approach is based  on the development of legislation in force and the facts on the ground. Then performed a qualitative analysis afterwards classify, identify and evaluate the data obtained in order to determine and find answers to the problems that dibahas. These studies show that UUJNP has met the legal basis and sociology, but do not meet the filososfis runway. Legislation can be said to fulfill the ideal construction when it justice, law and order. Notary right of refusal can be used to reject as a witness in court, as in Article 1870 of the Civil Code that the Notary deed as authentic deed has the strength of evidence was perfect and the Notary as positions of trust in their duties shall keep secrets about deed made by or in front of Notary.Keywords: Ideal Construction, Notaries Right of Refusal.
AKAD PEMBIAYAAN MURABAHAH KENDARAAN BERMOTOR PERUSAHAAN PEMBIAYAAN PT. CIMB NIAGA AUTO FINANCE SYARIFAH SINAGA
Lex Renaissance Vol 1 No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art6

Abstract

AbstractMurabaha Contract For Financing Vehicle Purchase In PT. CIMB Niaga Auto Finance Company.  Murabaha is a financing product which is a sale and purchase or sale and purchase agreement by declaring main cost of the goods and make a profit (margin) which has been agreed by the seller and the buyer. Sharia banking and finance institution have commonly used murabaha financing in their activities. The aim of this research are to depict on how murabaha financing product is conducted by a non sharia financing institution  in this case PT CIMB Niaga Auto Finance. The result of this research hopely can describe the differences between murabaha act which applying sharia principles compare to conventional financing; the state of  Power of Attorney on making fiduciary act that perform the sharia banking principles; and legal standing of mutual agreement between the dealer and financing company.Key word: murabahah, pembiayaan kendaraan.  

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