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<![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.]]>
<![CDATA[Penerapan Prinsip Kehati-Hatian Notaris Dalam Mengenal Para Penghadap ]]>
<![CDATA[Fikri Ariesta Rahman]]>
<![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.art11
<![CDATA[The problem that is discussed in this research is the implementation of the precautionary principle of the Notary in knowing the applicant; and the legal consequences of an authentic deed which is made by the notary who has not applied the precautionary principle in knowing the applicant. This research uses a juridical-empirical approach, by analyzing a statute that applies to be used as a basis for solving problems. The informant is a notary in Yogyakarta City who is still active in the Regional Supervisory Council and Central Supervisory Council. The results of this study explain that the Notary in applying the Precautionary Principle begins with ensuring and checking the formal truth of the applicant. if it is deemed insufficient, then the notary should seek material truth, in order to achieve the goal of the precautionary principle in getting to know the parties and minimize the possibility of problems in the future. Legal consequences if the notary does not apply the precautionary principle would be, if a mistake comes from the parties towards the deed, then the deed can be degraded to a deed under the hand. If the notary who is guilty, then he or she can be held liable either administratively, civil or criminal.]]>
<![CDATA[Konsekuensi Yuridis Perubahan Obyek Hak Tanggungan dalam Akad Pembiayaan Mudharabah ]]>
<![CDATA[Septi Kurniawati]]>
<![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.art6
<![CDATA[Mudharabah is a partnership contract in business sector where the results will be divided in half. Mudharabah does not use collateral, guarantees are requested if the mudharib (debtor) is feared to be incapable to fulfill its performance. If mudharib fails to pay, then the execution can be carried out as compensation which is the right of Shobibul Maal (creditor). In this paper there are two problems: what must be done to change an object on the mortgage right and the consequences; and what if it is linked using a mudharabah agreement. This research is normative, in which the data is obtained from laws, literature, electronic media and through analysis of the Supreme Court's Decision which is then analyzed as a whole qualitatively. Decision of the Supreme Court No. 410K/Ag/2014 states that the Deed that has been signed and agreed with the conscious has absolute legal force that cannot be canceled for any reason. The change of an object in the Underwriting Right with a Mudharabah agreement has consequences for permanent or binding legal force on the parties. This was proven in the Supreme Court Decree No. 410K/Ag/2014 that the change of object in the Mortgage Rights with the Mudharabah agreement was justified by the Judge.]]>
<![CDATA[Tinjauan Yuridis Penyelenggaraan Pemungutan Retribusi Pelayanan Parkir Di Tepi Jalan Umum ]]>
<![CDATA[Muhammad Ishomudin]]>
<![CDATA[ Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss1.art11
<![CDATA[This study aims to analyze the implementation of the Bantul District Regulation No. 19 of 2015 on Road Traffic and Transportation Network (Bantul District Regulation) in regard to parking on the public roadside in Bantul. This research is motivated by the large number of public roadside used as vehicle parking lots by most people in Bantul District. The formulation of the problems is: how is the implementation of the Bantul District Regulation in providing parking on public roadside? what is the process for applying for a roadside parking permit?; what is the surveillance system for collecting roadside parking fees?; and what is the legal step of the Bantul Regency Government if the application of public roadside parking violates the provisions in the licensing?. This research uses a juridical-empirical method by collecting data through literature and field studies with qualitative-descriptive analysis. The results showed that Regional Regulation No. 09 of 2011 on Public Service Levies cannot be used as a basis for parking service providers. The Bantul District Government then issued a Bantul District Regulation that gave authority to the Department of Transportation. But in reality, many parking providers have postponed parking fee payments to the Department of Transportation.]]>
<![CDATA[Konsep Force Majeure Dalam Akad Murabahah Dan Implementasinya Pada Lembaga Keuangan Syariah ]]>
<![CDATA[Umdah Aulia Rohmah]]>
<![CDATA[ Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss1.art6
<![CDATA[This study aims to determine and analyze the position of force majeure in murabahah contracts and how the implementation of force majeure in murabahah contracts in Sharia Financial Institutions. This study uses normative legal research supported by empirical data. Data collection techniques used by the author is the study of literature documents that are examined from books, literature, journals, and legislation. The conclusion of this research is first, the position of force majeure in the murabahah contract is a necessity to anticipate unwanted and dangerous circumstances, which are beyond the authority of the parties in the murabahah contract. In addition, Islamic law also regulates positions related to force majeure that is known as dharurah, which means damaging or giving harm. Second, the implementation of force majeure in the murabahah contract at the Sharia Financial Institution has already been applied in the contract or agreement by the parties. Force majeure clause becomes a reason not to charge the parties for losses arising from force majeure events that occur. Something that is allowed due to dharurah conditions, must be completed according to the required size restrictions.]]>
<![CDATA[Tindakan Tembak Mati Terhadap Terduga Teroris Berdasarkan Perspektif Proses Hukum Yang Adil ]]>
<![CDATA[July Wiarti]]>
<![CDATA[ Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss1.art1
<![CDATA[The process of law enforcement for the criminal acts of terrorism that should have been carried out from investigation to execution is often cut down to violations by the authorities, namely the Special Detachment (Densus) 88, such as arbitrary arrest, wrongful arrest and suspected death-shooting of terrorists without proper procedures. Based on these, the research will discuss two issues, first, how is the process of determining someone declared a terrorist suspect? Second, how is the implementation of the act of shooting to death suspected terrorists by Densus 88 in the perspective of due process of law? This study uses a normative juridical method which the data collection method is done through literature study and analyzed in descriptive-qualitative manner. The conclusions of this research are, first, the process of determining a person is declared a suspected terrorist is that a person suspected of having committed or attempted to commit, or participating in and/or facilitating a criminal act of terrorism is based on sufficient preliminary evidence, which is required at least 2 (two) valid evidence. Second, the execution of the act of death-shooting against the suspected terrorists by Densus 88 in the perspective of due process of law is when the authorities use firearms at the last step and may only be used for urgent conditions and preceded by a warning.]]>
<![CDATA[Tinjauan Yuridis Penggolongan Penduduk Dalam Pembuatan Keterangan Waris ]]>
<![CDATA[Sari Elsye Priyanti]]>
<![CDATA[ Lex Renaissance Vol 4 No 1 (2019): JANUARI 2019 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol4.iss1.art12
<![CDATA[This study examines the classification of indigenous and non-indigenous populations in formulating the information regarding the heir from the perspective of eliminating racial and ethnic discrimination. There are two main issues raised in this study, firstly, whether the population classification in Perkaban No. 3 of 1997 in accordance with Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination. Secondly, whether the difference between the authorities in providing the certificate of inheritance according to Perkaban No. 3 of 1997 can provide legal certainty. This research is a normative juridical study with a statutory approach. This study concluded that, first Article 111 of Perkaban No. 3 of 1997 concerning the classification of the population in the making of a certificate of inheritence contrary to Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination. Second, the difference between the authorities giving the certificate of inheritance according to Perkaban No. 3 of 1997 has guaranteed legal certainty, as Perkaban No. 3 of 1997 specifically regulates the certificate of inheritance. However, this regulation still needs improvement in the future.]]>
