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Jurnal Ilmu Hukum The Juris
Published by Sekolah Tinggi Ilmu Hukum Awang Long Samarinda
ISSN : 25800299     EISSN : 25808370     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
Arjuna Subject : -
Articles 544 Documents
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TINJAUAN YURIDIS TERHADAP KEABSAHAN PEMBUATAN AKTA JUAL BELI TANAH OLEH PEJABAT PEMBUATAN AKTA TANAH YANG DIDUGA DIBUAT SECARA MELAWAN HUKUM (Studi Putusan Pengadilan Palembang No. 214 k/Pdt/2021) Ashanti Nurshafira; Mohamad Fajri Mekka Putra
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.425

Abstract

This research discusses the benchmarks in determining the establishment of the deed of sale and purchase of land which is considered to be determined whether it is against the law or not and the legal force of the certificate as the evidence, based on the decision of the District Court Number 214 k/Pdt/2021. The case was occured in Palembang, specifically in the Palembang District Court. The types and sources of the data that will be used in writing this research are divided into two, namely primary data and secondary data. In writing this research, there are two data collection techniques used which is library research and field research. The data obtained both primary and secondary data were analyzed using quantitative techniques and then presented descriptively. The credibility of the deed is questionable because the Land Deed Making Officer as a General Officer (hereinafter referred to as "PPAT") is suspected of helping one party to gain profit and making a deed which is not in accordance with the existing facts. This causes the deed to be deemed to have been made against the law as regulated in Article 1365 of the Civil Code. Acts against the law in PPAT are essentially carried out if the making of the deed is contrary to legal norms and authorities, obligations and prohibitions in making the deed. This violation also results in losses suffered by one of the parties. For this reason, it is necessary to analyze how the benchmark for making a deed by PPAT can be made against the law and how the strength of certificate evidence is in the eyes of the law in a dispute.
PERAN NOTARIS DAN KEABSAHAN AKTA RUPS YANG DILAKSANAKAN SECARA ELEKTRONIK Merdi Aditya Putra; Siti Hajati Husein
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.426

Abstract

This study discusses the role of the Notary in carrying out his position in establishing a "relaas" certificate regarding the E-GMS that must be carried out in layers of loyal rules as regulated in Law no. prohibit the 2014 chapter on the Amendment to Law Number 30 of 2004 chapter on Notary Positions and related Financial Services Authority Regulations. This is an advantage to prevent the birth of the onslaught of a Notary in carrying out his position, including helping to submit a legalization of how to multiply his clients. The case that is appointed as part of this analysis is the assistance of a notary in an Electronic General Meeting of Shareholders (E-GMS) in Indonesia following the Law on Notary Positions and the Regulations of the Financial Services Authority and the Legality of the Deed of Relaas part of the Deed of Minutes concerning the General Meeting of Shareholders. Shares held Electronically are listed. The result of part analysis in this analysis is that the Notary in the Implementation of the GMS is domiciled in the establishment of the Deed of the GMS, where the establishment of the poison certificate is carried out without being accustomed to being attended by a Notary. The deed listed can be made part in the form of a Deed of Parties/Deed of Partij with the form of a Statement of Decisions of the General Meeting of Shareholders, or the certificate as well as poison can be made part in the form of an Official Deed/Relaas with the form of Minutes of GMS as part of the GMS section followed by a Notary. With the existence of OJK Regulation Number 16/POJK.04/2020, the GMS can be conducted electronically and the Notary provisions strengthen the E-GMS certificate as part of the Deed of Minutes of the E-GMS Meeting. In addition, the Relaas Deed with the form of the Indigenous E-GMS Minutes of Deed followed the method and involved multiplying the rubber aspect as complicated as justifying the particle of the pledge of the Authentic Deed in advance of Article 1868 of the Civil Code, the GMS which was held electronically, the provisions were stated to be added to the Relaas Deed in the form of the E-GMS Minutes Deed, even though the arrangement was not stated. proficiently and boldly the part in the relevant POJK.
PERLINDUNGAN HUKUM MASYARAKAT DALAM PANDEMI COVID 19 MELALUI VAKSIN SINOVAC August Hamonangan
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.427

Abstract

The Indonesian government has so far issued several policy packages aimed at tackling the spread of Covid-19, including PSBB, social distancing, physical distancing, health protocol rules (often washing hands with soap, increasing immunity, etc.), PPKM, and the Covid-19 vaccination program. This policy is also intensively carried out by various countries in the world. This research uses normative legal research methods, namely research conducted by selecting library materials or secondary data. The research conducted by the author is more aimed at the law approach and the case approach. The legal approach is carried out by examining the laws and regulations related to the issues being discussed. The form of legal protection for the public against the effects of post-covid-19 vaccination in Indonesia is in the form of preventive and repressive legal protection.
PERAN PEJABAT PEMBUAT AKTA TANAH DALAM MENDUKUNG IMPLEMENTASI TRANSFORMASI DIGITAL LAYANAN PERTANAHAN TERKAIT SERTIPIKAT ELEKTRONIK Nurul Farahzita; Fransiscus Xaverius Arsin
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.428

Abstract

The issuance of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Number 1 of 2021 concerning Electronic Certificates as a form of digital transformation of land services resulted in changes in the pattern of land services carried out by Land Deed Making Officials (PPAT) as public officials. in the land sector. With these changes, a PPAT is required to be able to develop and master the procedures for digital land services, this also poses several obstacles in its implementation. This study aims to make a PPAT know the role and procedures for digital land services to support its performance and be able to overcome problems that arise in the field of electronic services. This study uses a qualitative method with an analytical descriptive approach with data obtained through observation, documentation and interviews with sources. The results of this study indicate that PPAT has a role in implementing the digital transformation of land services in terms of educating the public about legal actions on certified land, using biometric record technology in verifying people, preventing embezzlement or identity falsification, ensuring the suitability of certificates with information from Database and ensure the suitability of the subject of rights and the parties in the deed.
UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KALANGAN PELAJAR Vidi Galenso
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.429

Abstract

Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to eliminate pain, and can cause dependence. Narcotics abuse can be categorized as a crime as regulated in Law Number 35 of 2009 concerning Narcotics. The research method used is a normative juridical research method. Sources of legal materials used include primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials uses library research. And the technique of analyzing legal materials uses descriptive qualitative techniques. The results of the study show that in Indonesia, drug addicts are growing rapidly. The drug addicts are generally between the ages of 11 to 24 years. This means that this age is productive age or student age. The impact of drug abuse can damage the nervous system, so that you cannot think clearly, easily forget, have difficulty concentrating. Therefore, efforts to prevent and control drugs are needed, especially among teenagers/students. Overcoming drug abuse is not only the responsibility of the government alone, but these efforts are also the responsibility of the general public starting from the smallest group, namely the family environment, school environment, and community environment where teenagers actualize themselves.
KEPASTIAN HUKUM PEMBENTUKAN BADAN BANK TANAH PASCA PUTUSAN MAHKAMAH KONSTITUSI Eka Muji Diliwiyana
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.430

Abstract

The state through government agencies or independent institutions appointed by the government has the authority to acquire abandoned land, manage and regulate it temporarily, distribute it in the public interest. This is a land policy called the Land Bank. In this study, the type of research used is normative legal research. The legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials is done by literature study. The technique of analyzing legal materials is carried out using descriptive and normative methods. The results showed that the Land Bank is one of the important resource management tools to increase the productivity of land use. The methods used in the land bank are market control and local market land stabilization. The philosophical and juridical basis for the establishment of a land bank agency is that the state has an obligation to fulfill the basic rights of its citizens such as work, a decent living, a place to live, a source of food to an adequate environment, this is in line with the provisions contained in the preamble and Article 33 of the 1945 Constitution of the Republic of Indonesia. Legal certainty for the establishment of the Land Bank Agency after the Constitutional Court's Decision is the issuance of Government Regulation Number 64 of 2021 concerning the Land Bank Agency.
PENGARUH PERKAWINAN DI BAWAH UMUR TERHADAP TINGKAT PERCERAIAN DALAM PERSPEKTIF HUKUM ISLAM Sri Hariati
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.431

Abstract

The main problem of this research is how is the effect of underage marriage on the rate of divorce in the perspective of Islamic law (case study) in north lombok district? The main problem is further divided into several sub-problems, namely: 1. What are the factors that cause underage marriage in North Lombok Regency. 2. What is the impact caused by divorce by children who marry underage in North Lombok Regency. 3. What is the view of Islamic law on underage marriage? This type of research is classified as field qualitative research (field research) or in legal research it is called empirical research with a syar'i approach. Sources of data obtained from primary data in the form of interviews and secondary data in the form of library research and data collection techniques through interviews, documentation, and literature studies, which were processed and analyzed descriptively qualitatively. The results obtained from this study are: 1. The factors that cause underage marriages in the Gondang sub-district, North Lombok Regency are economic factors, low awareness of the importance of education, parental concerns, and environmental factors where they live. 2. The impact caused by divorce carried out by children who marry underage in Gondang sub-district, North Lombok Regency, is the impact on oneself (experiencing trauma), changes in roles and status, and difficulty in adjusting.
PERLINDUNGAN HUKUM NOTARIS DALAM PERJANJIAN JUAL BELI TANAH Yana Sukma Permana
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.432

Abstract

That Indonesia is a State of Law (Rechstaat) that upholds the principles of the rule of law, namely the principle of guaranteeing certainty, order, and legal protection with the core of truth and justice. Notary is a public official who is authorized to make authentic deeds and other authorities, which are determined by the position of a notary as a public official as regulated in Law Number 30 of 2004 concerning Notary Positions as amended by Law Number 2 of 2014 Position of Notary. Article 20 paragraph (2) of the UUPA states: "Property rights can be transferred and transferred to other people", but in the transition it is not immediately transferred like buying and selling other goods. Even though there is a contract in the sale and purchase of land, the status of ownership cannot simply change.
PEMBERIAN ASIMILASI DAN INTEGRASI TERHADAP NARAPIDANA GUNA PENCEGAHAN DAN PENANGGULANGAN COVID 19 Putra Aditya Bagus S; Mitro Subroto
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.433

Abstract

This writing is based on the policies that have been set regarding the assimilation program for prisoners during the COVID-19 pandemic. Assimilation is an important thing for inmates to get a change in attitude/behavior about what it is to actually serve a prison sentence, because in prison there are many different cultures and characters. In the process of assimilation, it can not be considered easy to see from environmental conditions and changes in society. Assimilation is given to prisoners in order to fulfill the conditions that apply in accordance with the rule of law and this is a form of fulfilling the rights of prisoners. Assimilation is a program established by the government for guidance for adult and child prisoners and they are returned to the community environment and live their lives as usual with the community. Integration is a conditional release covering (PB, CB, CMB) for prisoners who have met the requirements in accordance with existing provisions. The government issued Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in order to prevent and cope with the spread of Covid-19 in prisons or detention centers, assimilation programs are provided and will be carried out at home under guidance and supervision.
ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA YANG MENGABULKAN GUGATAN PEMBATALAN PERKAWINAN (Studi Putusan Pengadilan Agama Tanjung Karang Nomor: 0174/Pdt.G/2020/PA.Tnk) Jihan Al Litani; Mohamad Fajri Mekka Putra
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.434

Abstract

The aim of this study is to determine the decision of the religious court judge who granted the marriage annulment lawsuit and the legal consequences of the religious court judge's decision which granted the marriage annulment lawsuit against the wife as the plaintiff. The research approach used is normative juridical law research or library research, with descriptive research type. The data analysis method used is qualitative. The results of this study indicate that the decision of the religious court judge who granted the marriage annulment suit was based on the existence of parties who could apply for the annulment of marriage, namely: a. Families in a straight line of descent from husband or wife; b. husband or wife; c. The authorized official only as long as the marriage has not been decided; d. Designated official. Article 22 of Law Number 1 of 1974 concerning Marriage states that the annulment of a marriage occurs because the parties do not meet the requirements to enter into a marriage. The reason for the annulment of the marriage is that the marriage was carried out under threats that violate the law and one of the parties falsifies his identity, for example falsifying age, status, and religion. The legal consequences of the decision of the religious court judge who granted the marriage annulment lawsuit against the wife as the plaintiff for the wife of the annulled marriage did not get the iddah subsistence right because since the cancellation decision was made from the court, the marriage was considered never to have occurred.

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