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PERJANJIAN KREDIT KENDARAAN BERMOTOR DENGAN FASILITAS PEMBIAYAAN MULTIGUNA TERHADAP ASAS KEBEBASAN BERKONTRAK Muhamad Zanuar Zanuar Prasetyo; Cipto Kuncoro; Siti Afiyah
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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BCA Multifinance provides consumer financing facilities (multipurpose financing) in the form of funding for the purchase of motor vehicles. Motor vehicle loan agreement with installment payments at PT. BCA Multifinance is carried out in writing in a standardized form. For this reason, it is necessary to research whether the motor vehicle loan agreement with multipurpose financing facilities between the financing company and the customer (consumer) does not conflict with the principle of freedom of contract. The research method used is a normative legal research method. The use of this normative legal research method is based on the consideration that the discussion of the issues raised is related to the legislation, namely the Civil Code, and legal documents that have relevance to the goods credit agreement with the multipurpose financing facility of PT. BCA Multifinance Lamongan. Motor vehicle loan agreement with multipurpose financing facility based on the principle of freedom of contract, everyone may make a contract that contains and of any kind. Likewise, the existence of a standard clause in a motor vehicle loan agreement must meet certain conditions, both general requirements and special conditions so that the contract is valid according to law.

PEMERIKSAAN SENGKETA TINDAKAN PEMERINTAHAN PASCA PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2019 Sudarsono Sudarsono; Rabbenstain Izroiel
MIMBAR YUSTITIA Vol 6 No 1 (2022): Juni 2022
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3341

Examination of cases of unlawful acts by the government (onrechtmatige overheidsdaad) prior to the enactment of Law Number 30 of 2014 in conjunction with Supreme Court Regulation Number 2 of 2019 was carried out by the General Court. After the enactment of the Supreme Court Regulation Number 2 of 2019, the examination of the onrechtmatige overheidsdaad case was transferred to the TUN Court as a Government Action dispute. As a relatively new procedural law in the State Administrative Court, it is necessary to conduct legal research. This normative legal research found that the Government Action dispute is a public dispute whose examination must use the procedural law of the State Administrative Court, no longer using Article 1365 of the Civil Code. The object of the dispute is Government Action, either in the form of acts of action or non-action, carried out by government agencies and/or officials that cause harm to community members. This study resulted in suggestions for socialization and legal enforcement of the examination of disputes over Government Actions in order to realize legal and justice systems.

TINJAUAN YURIDIS KEWENANGAN HAK ANGKET DEWAN PERWAKILAN RAKYAT TERHADAP KOMISI PEMBERANTASAN KORUPSI Satriyo Amukti Wibowo
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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The authority of the supervisory agency in writing this article, is focused on the authority of the DPR as a supervisory agency in overseeing the performance of other state institutions, by reviewing the 1945 Constitution, Law Number 17 of 2014 concerning MD3 (MPR, DPR, DPD, and DPRD), Law No. Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), and the decision of the Constitutional Court (constitutional court) number 36/PUU-XV/2017. The research in this paper emphasizes the authority of the DPR in providing questionnaires to the KPK. The research method in this paper is a normative juridical approach with a statute approach, a conceptual approach, and a historical approach. The purpose of the research is simply to find out the provisions and regulations regarding the authority of the supervisory agency and to examine from a legal aspect the authority of the DPR as a supervisory agency in providing questionnaires to the KPK as an independent state institution. In carrying out their duties and authorities, they are independent and free from any power. The main results of the research can be concluded that the authority of the DPR as a state institution has three functions, namely, the legislative function, the budget function, and the supervisory function as stated in Article 20A paragraph (1) of the 1945 Constitution, and in carrying out these functions the DPR is also supported by several rights, namely, the right of interpellation, the right of inquiry, and the right to express an opinion, which are also stated in Article 20A paragraph (2) of the 1945 Constitution, but based on law number 30 of 2002 concerning the Corruption Eradication Commission (KPK), it is explained that the KPK is an institution independent country. The authority of the DPR as a supervisory agency in supervising state institutions, in this study the DPR gave a questionnaire to the KPK on a case that was considered important, strategic, and had a broad impact on the Indonesian people and nation.

PERLINDUNGAN HUKUM TERHADAP TANAH PERTANIAN ATAS ALIH FUNGSI MENJADI TANAH PERUMAHAN DAN INDUSTRI Saiful Munir
MIMBAR YUSTITIA Vol 4 No 2 (2020): Desember 2020
Publisher : universitas islam darul ulum lamongan

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The modernization paradigm that has been developing is that developed countries are industrial countries. Thus, if Indonesia turns into a modern country, it must change itself from an agricultural country to an industrial country. The regional government and the apparatus of the related institutions in the effort to realize the protection of sustainable food land are still limited to carrying out their main tasks and functions as outlined in the regional regulation, there are no other sociological efforts aimed at realizing sustainable agricultural land protection. This research was conducted to determine the product of government law in reducing the conversion of agricultural land into residential and industrial land. This is to determine the form of legal protection due to the conversion of agricultural land into residential and industrial land. The research carried out is a normative juridical legal research, which is a type of research that will examine the regulations, both legislation and other regulations under the law, which have a relationship with the issues the author is examining. In conducting research, the authors use several approaches, including a statutory approach (statue approach), a conceptual approach (conceptual approach), a historical approach (historical approach) and a comparative approach (comparative approach). The transfer of the function of agricultural land to non-agricultural in various regions in Indonesia is mostly carried out by the land owner itself and is influenced by other factors both internal and external as well as government policy factors.

PENUNDAAN PELAKSANAAN PEMILIHAN KEPALA DAERAH SERENTAK MENURUT SISTEM KETATANEGARAAN Afiyah, Siti; Rusydi, Rusydi; Chorniawan, Rizky Dwi
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 5 No 2 (2021): Desember 2021
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v5i2.2627

This research is based on the government's steps in the midst of the current COVID-19 pandemic and with the simultaneous 2020 Regional Head Elections being held initially on 23 September 2020 and postponed to December 2020. The Simultaneous Regional Head Election is a Regional head elections are carried out directly by people who meet the requirements, which are carried out simultaneously in regions in Indonesia. The 2020 simultaneous elections is the fourth batch of simultaneous elections conducted for regional heads as a result of the December 2015 election. There are 270 regions that carry out Simultaneous Pilkada 2020, the details are 9 provinces, 224 regencies, and 37 cities.

AUTENTIKASI AKTA PPAT YANG PENGESAHAN AKTANYA TIDAK SESUAI PADA SAAT PENANDATANGANAN PARA PIHAK DIHADAPAN PPAT Pertiwi, Yulia Syanu Citra
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 5 No 2 (2021): Desember 2021
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v5i2.3066

PPAT ialah pejabat umum yang diberi kewenangan untuk membuat akta otentik dibidang pertanahan yaitu terkait dengan hak atas tanah dan bangunan atau hak milik atas satuan rumah susun sebagaimana dinormakan dalam PP No. 24 Tahun 2016 tentang Peraturan Jabatan PPAT. Bentuk serta tata cara proses pembuatan Akta PPAT diatur dalam PERKABAN No. 16 Tahun 2021 tentang Ketentuan Pelaksanaan PP No. 24 Tahun 1997 tentang Pendaftaran Tanah. Penelitian ini dilakukan bertujuan untuk mengkaji mengenai autentikasi akta PPAT yang pengesahan aktanya tidak sesuai pada saat penandatanganan para pihak dihadapan PPAT. Penelitian ini merupakan penelitian yuridis normatif dengan teknik pengumpulan dari kepustakaan yang terdiri dari bahan hukum primer dan sekunder. Hasil dari penelitian ini yaitu akta PPAT yang pengesahan aktanya tidak sesuai pada saat penandatanganan para pihak dihadapan PPAT, terdapat sebuah penyimpangan terhadap prosedur pembuatan akta. Adanya penyimpangan terhadap proses pembuatan akta, berpengaruh pada nilai otentisitas akta tersebut dan berakibat hukum pada sifat kekuatan pembuktian akta tersebut.

Implementasi Yuridis Undang-Undang Nomor 13 Tahun 2011 Tentang Penanganan Fakir Miskin dalam Peraturan Daerah di Kota Yogyakarta hidayatulloh, bagus anwar
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 5 No 2 (2021): Desember 2021
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v5i2.3112

Abstract Specifically regulate the poor are expected to provide comprehensive arrangements in an effort to improve the welfare of the poor in a more planned, directed and sustainable manner. However, in the implementation of this law, to this day it has not been able to solve poverty cases completely and evenly. Previously, the legal basis for efforts to improve the welfare of the poor was still partial and spread across various provisions of laws and regulations. Then the government enacted Undang – undang Nomor 13 Tahun 2011 tentang Penanganan Fakir Miskin. With the existence of a law that specifically regulates the poor, it is expected to provide comprehensive regulations in an effort to improve the welfare of the poor in a more planned, directed and sustainable manner, especially in the city of Yogyakarta in the form of a Regional Regulation. This research aims to determine the juridical implementation of Undang – undang Nomor 13 Tahun 2011 tentang Penanganan Fakir Miskin di Yogyakarta. The type of research used in this research is normative juridical research so that the approach is more towards the approach of regional regulations and other regulations made by the Yogyakarta City Government. The results of this study indicate that when viewed from the characteristics of the problem, the Yogyakarta City Government in implementing Undang-Undang Nomor 13 Tahun 2011 tentang Penanganan Fakir Miskin materially has implemented the mandate of the Law. However, the researcher found that there were formal defects in the application of the laws and regulations, namely that the Yogyakarta City Government had not implemented Undang-Undang Nomor 13 Tahun 2011 tentang Penanganan Fakir Miskin the Management of the Poor as a legal basis for implementation. However, materially, the Yogyakarta City Government has implemented related policies regarding the handling of the poor in Yogyakarta City. Keywords : The Poor, Regulation, Yogyakarta.

PERTIMBANGAN PUTUSAN PENGENAAN DENDA DALAM PELANGGARAN LALU LINTAS JALAN RAYA Apriliyantomo, Bayu
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3246

Traffic violations on the highway by motorists lead to accidents. The majority of traffic violations are in the form of violations of traffic signs, such as prohibitions on stopping and parking in certain places, violating traffic lights such as breaking through red lights, and others. Inspections of motorized vehicles on the road by police officers or police operations are in fact law enforcement officers who provide more criminal sanctions in the form of fines than imprisonment (imprisonment) for motorists who violate traffic regulations. The research method used is a normative legal research method through a statute approach and a conceptual approach to the decision to impose fines in road traffic violations according to Law No. 22 of 2009 concerning Road Traffic and Transportation. In deciding the case of traffic violations, the Judge in considering his decision is faced with two choices to decide the case, namely whether to decide to impose a maximum imprisonment of 2 (two) months or decide to impose a fine. In practice, judges choose a second alternative decision, which is to impose fines on violators. The legal basis and considerations are Article 7 paragraph (2) of the Regulation of the Supreme Court (PERMA) Number 12 of 2016 concerning Procedures for the Settlement of Traffic Violation Cases.

DISPENSASI UMUR PERKAWINAN SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 01 TAHUN 1974 TENTANG PERKAWINAN Rohman, M. Syaifur; Sholihan, Sholihan; Muwahid, Muwahid
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3250

Marriage dispensation is regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. with considerations and reasons for not meeting the requirements for the age of marriage as determined by the applicable laws and regulations. This study aims to fulfill the general provisions regarding marriage according to Law Number 16 of 2019 concerning Marriage, and want to know how the implementation of the provision of marriage dispensation based on the provisions of Article 7 paragraph (2) of Law Number 16 of 2019 concerning Marriage. From the main results of the research, it can be concluded that Law Number 16 of 2019 concerning Marriage adheres to the principle that a prospective husband and wife must have enough body and soul so that there is a regulation on the marriage age limit for men or women who must be 19 years old. The granting of a marriage dispensation for a prospective husband or wife who has not reached the age limit for marriage can be submitted by the parents (guardians) of the prospective husband or wife to the Religious Court in the applicant's jurisdiction. The dispensation application can be granted by the judge if there is a reason that the relationship between the prospective husband and the prospective wife does not deviate from the religious norms they adhere to.

PERJANJIAN KREDIT KENDARAAN BERMOTOR DENGAN FASILITAS PEMBIAYAAN MULTIGUNA TERHADAP ASAS KEBEBASAN BERKONTRAK Prasetyo, Muhamad Zanuar; Kuncoro, Cipto; Afiyah, Siti
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 2 (2020): Desember 2020
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i2.3334

BCA Multifinance provides consumer financing facilities (multipurpose financing) in the form of funding for the purchase of motor vehicles. Motor vehicle loan agreement with installment payments at PT. BCA Multifinance is carried out in writing in a standardized form. For this reason, it is necessary to research whether the motor vehicle loan agreement with multipurpose financing facilities between the financing company and the customer (consumer) does not conflict with the principle of freedom of contract. The research method used is a normative legal research method. The use of this normative legal research method is based on the consideration that the discussion of the issues raised is related to the legislation, namely the Civil Code, and legal documents that have relevance to the goods credit agreement with the multipurpose financing facility of PT. BCA Multifinance Lamongan. Motor vehicle loan agreement with multipurpose financing facility based on the principle of freedom of contract, everyone may make a contract that contains and of any kind. Likewise, the existence of a standard clause in a motor vehicle loan agreement must meet certain conditions, both general requirements and special conditions so that the contract is valid according to law.

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Abstract

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Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kab. lamongan,

Jawa timur

INDONESIA