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MEWUJUDKAN ASPEK KEADILAN DALAM PUTUSAN HAKIM DI PERADILAN PERDATA Djojorahardjo, Rommy Haryono
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

The judge's decision in court ideally contains aspects of legal certainty, justice and expediency. In its implementation it is not easy to synergize these three aspects, especially between aspects of legal certainty and justice, which are usually conflicting. The results showed that a judge in examining and deciding cases was not always fixed on just one principle. Constraints faced by judges who tend to legal certainty experience a deadlock when written provisions cannot answer the existing problems. Emphasis that is more inclined to the principle of justice means having to consider the law that lives in the community, which consists of habits and legal provisions that are not written. Judges in their legal reasons and considerations must be able to accommodate all the provisions that live in society in the form of customs and unwritten legal provisions. The emphasis is more on the principle of expediency, more nuanced in the economy

PERTANGUNGG JAWABAN NOTARIS PPAT DALAM MELAKUKAN PELAYANAN PEMBAYARAN PAJAK BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) Leomuwafiq, Ghazi
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Notary Services as a part of the service to the community, should walk parallel to the development of society in the present and future. One of notary services conducted in his position as PPAT is Payment service for land and building Rights (BPHTB) in terms of buying and selling of land rights. BPHTB payment is one of the conditions for the registration of land rights transitional in the provisions of Article 103 of the regulation of the Minister of Agrarian state/head of National Land Agency number 3 year 1997.  Due to the existence of the BPHTB payment obligation resulted in the time period between the purchase and sale agreement carried out in front of the notary, with the implementation of the sale/turnover of land rights carried out in front of the authorized PPAT has a distance For a relatively long period of time, and usually buyers who conduct buy and sell rights to the land have handed over a certain amount of money for the cost of BPHTB by giving it to the notary public that makes the transitional deed. On the one hand, due to the relatively long period between the trade and Sale Alliance carried out before the notary with the sale and purchase carried out in the presence of the authorized PPAT, while the cost of BPHTB is deposited by the client to the notary public as the official The makers of Land deed (PPAT), allowing the opportunity of misappropriation by means of unpaying or embezzlement of BPHTB funds deposited

KEDUDUKAN SAKSI INSTRUMENTAIR ATAS AKTA NOTARIS YANG MENIMBULKAN PERMASALAHAN DALAM PERKARA PERDATA Dhaniaty, Marina
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

The subject of the research is entitled Position of Witness Instrumentair on Notariy Deeds that Dispute and Inflict Problems, with the formulation of the problem How is the position of the instrumentair sanctioned in the notary deed and How is the scope of the instrumentair witness's responsibility in making a notary deed. Conclusions are obtained as follows: Sanctioned instrumentair in notary deed, to fulfill requirements as authentic deed, however the presence of witnesses of instrumentair is very necessary and is a requirement to be referred to as an authentic deed that has perfect proof power. In making the deed, since the notary read and signed the deed (verleijden), the instrumentair witness testified that it was true that the formalities determined by the law had been fulfilled, namely that before the parties signed, the deed had been read by the Notary to the party, then signed by the parties, everything is done before the witnesses of the instrumentair. The scope of the instrumentair witness's responsibility in making a notary deed can be explained that the instrumentair witness in making authentic deeds is limited to ratifying the deed as an authentic deed as desired by the nature and form of authentic deed, which is signed by the witness notary and instrumentair witness responsible for fulfilling the formalities determined by law, that the true viewer is present before a Notary and the identity of the viewer is in accordance with the description read by the Notary, that the deed before being signed by the parties is first read by the Notary to the viewers, and then signed by the parties concerned. it was carried out by a Notary and the parties before witnesses

PERLINDUNGAN HUKUM HAK ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN MALUKU TENGGARA. Welerubun, Cornelia Junita
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.

PERLINDUNGAN HUKUM BAGI NASABAH DEBITUR TERHADAP PENETAPAN BUNGA BANK YANG TIDAK SESUAI DENGAN PERATURAN PERUNDANG â€“ UNDANGAN DALAM PERJANJIAN KREDIT Priyambodo, Sigit
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

The purpose of this study is to analyze the determination and calculation of bank interest in conflict with applicable laws and regulations and analyze the legal protection of debtors as credit recipients in a credit agreement. Data collection techniques in the form of document studies, namely conducting research on documents relating to the problem to be examined in order to obtain a theoretical foundation and information in the form of formal provisions. The materials obtained were analyzed using qualitative normative methods. The results showed that the calculation of Prime Lending Rate was contrary to article 1767 paragraph 3 of KUHP. State Gazette number 22 of 1848 so that it does not provide legal certainty to people who want to receive credit from banks to develop their businesses. The form of legal protection to debtors against credit based on article 1323 of the Civil Code The agreement made between the bank as the lender and the customer as the recipient of the credit is null and void by law and based on article 1166 provides legal protection as the owner of the object. It is expected that when reading the clause regarding the determination of bank interest by banks, it should be observed first the laws and regulations concerning the determination of credit.

KARAKTERISTIK PEMASANGAN HAK TANGGUNGAN TERHADAP HARTA PERKAWINAN Danarta, Kadek Setyawan
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

In essence the law is the realization of the protection of the interests of the community. Regarding Marriage Assets Law between husband and wife regulated in the Marriage Law has different legal principles from the Civil Code, so that in its application, Marriage Assets Law is subject to two legal systems, namely Marriage Assets Law based on Civil Code and Wealth Law Marriage based on the Marriage Law. The purpose of this thesis article is about the problem, the legal position of marital property in a household if it is used as a mortgage and the implementation of the mortgage rights to the marriage assets. In this article research uses a normative juridical method with an empirical juridical approach to refer to Law No. 1 of 1974 concerning Marriage. The results of the study basically if there is a marriage there will be a mixture of wealth between husband and wife, if the marriage is not accompanied by a marriage agreement, between the two parties there will be a round of wealth. (1) The legal status of marital property in a household if it is made a mortgage or legal property of marriage in jurisprudence has been accepted by the principle of transitory law. (2) Then the implementation of the installation of mortgages to marital assets must always be approved by both parties both husband and wife. While the granting of mortgages is preceded by a promise to provide mortgages as collateral for repayment of certain debt, which is stated in and is an integral part of the debt agreement.

TANGGUNG GUGAT KREDITUR DAN PEJABAT LELANG ATAS PENENTUAN HARGA LIMIT LELANG DIBAWAH NILAI TANGGUNGAN Yusuf, Muhammad
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Main research material for Liability of Creditors and Upper Auction Officers Determination of Auction Limit Prices Under Depreciation Value, with the formulation of the problem What is the legal effect of auctioning objects whose auction limit is below the dependency and whether creditors and auction officials are accountable for auction limit pricing below the value of dependents. The conclusions are as follows: The act of creditor in determining the price of the auction limit below the value of the liability has fulfilled the whole element of article 1365 of the Civil Code so The legal consequence of auction object sales is that the auction price is below the value of the hold and if the object of the right of sale is sold under the value of the mortgage, the auction can be requested by the court. The creditor is liable for the price of the auction limit below the value of the creditor because the creditor as the seller does have the right to set the auction limit price but still must pay attention to the appropriateness of the specified auction limit price and the Auction Officer is not liable for the auction limit price below the hold value because the Auction Guidelines state that the auction limit price is not the responsibility of the KPKNL or the Class II Auction Officer

KEABSAHAN PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 17 TAHUN 2018 TENTANG PENDAFTARAN PERSEKUTUAN KOMANDITER, PERSEKUTUAN FIRMA, DAN PERSEKUTUAN PERDATA Lasakar, Musa
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Article 23 of the KUHDagang states that registration is submitted through the registration of a district court at the location of the company. In Permenkumham No. 17 of 2018 in Article 3 Paragraph (2) states that registration is submitted through the Business Entity Administration System (SABU). The problem of existence and strength binding legislation is regulated in Article 8 paragraph (1) of Law No. 12/2011, including Ministerial Regulation, does not only regulate the existence of laws and regulations based on delegation. This research using juridical method, and problem approach is Statute Approach and Conceptual Approach. The first conclusion was drawn, with the enactment of Permenkumham No. 17 of 2018 this makes CV registration easier and more regular and also this makes it easier for investors to get information about CVs that have been registered in the SABU and secondly, Problems of establishing a CV from Permenkumham No. 17 of 2018 this is the first, the establishment of a CV must order the name first before finally registering the CV in SABU. Secondly, the CV registration place is changed to the SABU. Third, the establishment of CV is required to use authentic deeds

PENGGUNAAN SISTEM BARCODE DALAM RANGKA PENGAMANAN AKTA NOTARIS Imananda Noegroho, Rr. Dwini
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

According to the law notarial deed has specific or special technique, language, form and section. Notarial deed is also one of the written evidence as stated in the Civil Code Article 1866. Indonesia Notary Community utilizes barcode technology advancements to checking the authenticity of a deed namely by storing and reading information digitally about deed made by the Notary Public regarding the deed?s title and deed?s number. This research shows that the use of a barcode system with the aim of securing a notarial deed must be mandated and used for good purposes namely for interested parties and this is a form of Notary services to the public so that the notarial deed is kept safe and cannot be misused by those who want to abuse

PERJANJIAN PENGIKATAN JUAL BELI DALAM PRAKTIK PRE PROJECT SELLING Saraswita, Diah Ayu
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

According to the law notarial deed has specific or special technique, language, form and section. Notarial deed is also one of the written evidence as stated in the Civil Code Article 1866. Indonesia Notary Community utilizes barcode technology advancements to checking the authenticity of a deed namely by storing and reading information digitally about deed made by the Notary Public regarding the deed?s title and deed?s number. This research shows that the use of a barcode system with the aim of securing a notarial deed must be mandated and used for good purposes namely for interested parties and this is a form of Notary services to the public so that the notarial deed is kept safe and cannot be misused by those who want to abuse

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Achmad Syafii

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Journal Mail Official
karimahmadsyafii@gmail.com

Editorial Address
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Location
Kab. sidoarjo,

Jawa timur

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Achmad Syafii

Contact Email karimahmadsyafii@gmail.com

Phone -

Journal Mail Official karimahmadsyafii@gmail.com

Editorial Address -

Location Kab. sidoarjo, Jawa timur INDONESIA

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Achmad Syafii

Contact Email
karimahmadsyafii@gmail.com

Phone
-

Journal Mail Official
karimahmadsyafii@gmail.com

Editorial Address
-

Location
Kab. sidoarjo,

Jawa timur

INDONESIA