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INDONESIA
JURNAL MEDIA HUKUM DAN PERADILAN
Published by Universitas Sunan Giri Surabaya
ISSN : 24433551     EISSN : 26548178     DOI : -
Core Subject : Humanities,
Humanities
Arjuna Subject : -
Articles 50 Documents
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PENYELESAIAN TERHADAP KASUS SERTIPIKAT GANDA OLEH BADAN PERTANAHAN NASIONAL Zathira, Zahra
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.008 KB) | DOI: 10.29062/jmhp.v5i2.90

Abstract

The main material of the research is Completion Of The Double Certificate Case By The National Land Agency with the following problem formulation: 1. How did the emergence of a double certificate which constitutes legal evidence of land ownership?2. How is the resolution carried out by the authorities in resolving the issue of dual certificates? From the results of the study concluded the following conclusions: 1. The cause of the double certificate could be due to the element of intent, accidental and due to administrative errors. The emergence of a double certificate is also caused by the lack of discipline and order of government officials related to the land sector in carrying out their duties. 2. The National Land Agency is not a state institution in the field of judiciary, but nevertheless the National Land Agency has the authority to resolve any land issues including the issue of dual certificates. This authority is only limited to administrative authority, namely the cancellation or revocation of a certificate issued by the National Land Agency itself. The National Land Agency always strives for solutions to resolve land disputes based on the prevailing laws and regulations with due regard for a sense of justice and respect for the rights and obligations of each party. is deliberation. The steps for resolving disputes that they or the National Land Agency take in a dual certificate dispute are negotiation, mediation and facilitation.
KEABSAHAN WEWENANG KEPALA KANTOR PERTANAHAN MENERBITKAN SERTIPIKAT HAK MILIK KEMUDIAN DIUBAH MENJADI SERTIPIKAT HAK GUNA BANGUNAN Pondaag, Fenny
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (386.333 KB)

Abstract

The subject matter of the study of the Authorization of the Authorities of the Head of the Land Office issues a certificate of ownership of the Land and then changes it to the Certificate of HGB, with the formulation of the problem of the Authorization of the Authority of the Head of the Land Office issuing the Certificate of Ownership and then it is changed to the Certificate of the HGB and the legal protection of the land holder over the actions of the Head of the Land Office . The following conclusions are obtained: The validity of the Head of the Land Office of Gowa Regency issues several certificates of ownership, explained that, the Head of the Land Office has the authority to issue certificates of land rights, but in issuing such certificates are not based on AUPB, including the principle of legal certainty, the principle of expediency, the principle of impartiality, the principle of good service. The Head of the Land Office of Gowa Regency should not issue it, because procedurally and legislation is not fulfilled, so that the certificate of ownership that is issued becomes invalid. Legal protection of land holders from the actions of the Head of the Land Office issuing certificates on behalf of the developer, preventively by submitting an objection to the issuance of the certificates to the Land Office. Objections are filed in writing to the certificate holder and the Head of the Land Office concerned or do not file a lawsuit to the Court regarding the control of the land or the issuance of the certificate, on the basis of the issuance of the certificate does not meet the requirements of the laws and regulations, especially the accuracy requirements. The reality of the objection that was submitted did not get a response from the Head of the Goa District Land Office, so the next step using the basis of repressive legal protection sued the Head of the Goa District Land Office, on the basis of having committed an illegal act
PERLINDUNGAN HUKUM BAGI ATLET SEPAKBOLA PROFESIONAL INDONESIA TERHADAP MANAJEMEN KLUB YANG MELAKUKAN WANPRESTASI Usdurah, Syifa
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (482.299 KB) | DOI: 10.29062/jmhp.v5i2.92

Abstract

Work agreemen between football clubs with a soccer player axisting in reality irregularities in the football world. Salary arrears problem is always the case and subject to clauses regarding whwther or not the soccer player of the Employment Act, to guaratee legal certainty for soccer players is less favorable for soccer players. Giving rise to disputes between the parties with football club soccerplayer who needs the remedies in accordance with applicable laws.
EKSEKUSI HAK ATAS TANAH SEBAGAI OBYEK JAMINAN GADAI Safriana, Rahmi
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.55 KB)

Abstract

The purpose of this research is to understand the implications of seized the execution of the sertificate rights to the land as collateral. Research with the approach of legislation and concept approach, obtained a conclusion as follows: Pledge guarantee is set in book II of civil Law about material that adheres to closed principle, which used as pawn object is moving goods whose supply is not by the Registration legal Act but rather the submission in real with the threat of insecurity if not done submission. A special land right to productive land that is still managed by natural resources, with the help of technology, capital, manpower, and management to produce agricultural commodities that includes food crops, horticulture, plantations, and/or farms in an agro-ecosystem, used as an object of collateral with the right of liability. The burden of liability is mandatory and with the registration of a submission of a sertificate rights that have the execution force as a court ruling which has a fixed legal force. Debtor if tort, on bail collateral will be difficult to execute a sertificate rights to the land due to the nature of mortgage submission of moving goods, in different with the rights of dependents, lenders can by self-rule do foreclosures and sale of the auction's rights
IMPLIKASI EKSEKUSI JAMINAN DOKUMEN RESI GUDANG KETIKA STOK DI GUDANG MENGHABIS Tubalawony, Ansilla
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

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Abstract

This research aims to address the issue of legal protection of the recipient of Warehouse receipt assurance when the debtor is tort. Research using the approach of legislation and concept approaches, obtained the following conclusions: The document of the stock of goods in the warehouse is a valuable letter, because it has an economical value, because it can Used as a debt guarantee for banks. The stock in the warehouse often varies according to the stock supply, although in the form of moving goods, cannot be burdened with a pawn, requiring the delivery of goods that used as mortgage object, fiduciary guarantee, because it requires The submission of ownership rights, thus prohibiting fiduciary's guarantee to transfer it. The stock of goods in the warehouse can be burdened through the warehouse receipt guarantee institution, but does not provide protection to the creditors, while the borrower's default, because neither the LAW No. 9 year 2006 and PP No. 36 year 2007 do not regulate the procedures for the logging of rights The warranty on the Book of Guarantee rights, so it is related to the execution of the stock of goods that are burdened as collateral. Therefore, there needs to be a clarity related to the registration of warehouse receipt guarantee, so that the beneficiary rights of the recipient guarantee the warehouse receipt when the default borrowers are protected.
HUKUM DAGANG DI INDONESIA (A REVIEW) Rahayu, Siti; Roesli, Mohammad
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

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Abstract

The purpose of this research is to analyze and view the trade law in Indonesia. The technique of data collection in the form of document study, which is to research documents related to the problem that will be examined to obtain a theoretical basis and information in the form of formal provisions. Materials are analyzed using qualitative normative methods. The results showed that the trade law was the entire rule of law governing with the sanction of human deeds in their efforts to carry out the trade. The civil law relationship with the trading law can be seen from article 1 of the criminal CODE, which reads: "The provisions of the legal place shall also apply to the matters stipulated in the KUH of commerce, except where the KUH Dagang himself specifically arranged." In this connection is a valid Adagium "Lex specialist derogat Lex generalis" which is a particular law of defeating the common law. Since the Middle Ages of Europe (1000/1500) occurring in the country and cities of Europe and in those days in Italy and southern France have been born cities as trade centers (Genoa, Florence, Vennetia)
PENERAPAN PASAL 112 DAN PASAL 127 UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Nugroho, Bastianto; Sumarso, Sumarso; Yustianti, Surti; Roesli, Mohammad
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 2 (2019): Oktober 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

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Abstract

Narcotics are required by humans for treatment to meet the needs in the field of medicine, and scientific studies required a continuous narcotic production for the sufferers. Based on the Act No. 35 year 2009 about narcotics is mentioned that drugs on one side is a drug or ingredient that is beneficial in the field of medicine or health care and development of science and on the other hand can also cause a dependency that is very harmful when abused or used without strict control and supervision. Narcotics, when used irregular according to dosage/dose, will be a physical and mental danger for those who use it and can cause dependence on the user itself. It means a powerful psychological desire to use the drug continuously due to emotional causes. Law Number 35, the year 2009, about narcotics governs the entire narcotics criminal act in Indonesia. Law Number 35, the year 2009, about drugs is also expected to provide a deterrent effect for dealers or narcotics addicts. But in Law No. 35 year 2009 About narcotics categorizes narcotic criminal acts in Indonesia into distributors, carriers, and addicts.
PENYELESAIAN SENGKETA PROSES PEMILIHAN UMUM DI INDONESIA Hasun, Maulana; Kunaifi, Aang; Setyadji, Sri; Hufron, Hufron
JURNAL MEDIA HUKUM DAN PERADILAN Vol 6 No 1 (2020): May 2020
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

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Abstract

One of the main pillars of democratic governance is the implementation of general elections (Elections), the Election Organization involves at least 3 (three) important actors who interact with each other, namely Election Contestants, Election organizers and citizens who hold the right to vote (Voters). In its interactive relationship in the stages of the Election process, there can be a hormonal relationship or a conflict relationship. The enactment of Law number 7 of 2017 concerning General Elections as the basis for holding simultaneous Elections in 2019. Giving authority to Bawaslu, Provincial Bawaslu and Regency / City Bawaslu in resolving disputes in the Election process, due to the issuance of KPU, provincial KPU or regency / city KPU decisions. The Bawaslu Decision is final and binding except relating to 3 (three) matters, namely verification of the Election Contesting political parties, determination of the permanent candidate list for DPR, DPD, provincial and regency / city DPRD candidates and Candidate Pairs. The Election Supervisory Body's decision in resolving election disputes is almost the same as other judicial institutions, this is seen from the character of the Election Supervisory Body's final and binding decision, the substance of the decision is almost the same as the judiciary and procedural aspects of the electoral process dispute through the trial mechanism. Seeing the legal construction of judicial authority, Bawaslu is not a judicial body, because it does not belong to the judiciary under the Supreme Court, the Constitutional Court and is not included in the special court. The authority of the PTUN in dispute over the election process can only be done, if administrative efforts to Bawaslu have been made and the decision is final and binding and no other legal efforts can be made. However, the Election Law does not mention sanctions for those who do not follow up on PTUN decisions, this can be seen in the case of Oesman Sapta Odang, the KPU finally chose to follow the Court's Decision more.
ANALISIS YURIDIS OPTIMALISASI PENDAPATAN DESA MELALUI PROGRAM PAMSIMAS Hariadi, Dadang Budi; Zamroni, M.
JURNAL MEDIA HUKUM DAN PERADILAN Vol. 4 No. 2 (2018): October 2018
Publisher : JURNAL MEDIA HUKUM DAN PERADILAN

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Abstract

The purpose of this study was to determine the important role of the utilization of clean water in meeting the needs of the community through the PAMSIMAS program that is able to support life in carrying out development in the present and in the future. In the problems faced by the number of villages that received the PAMSIMAS program assistance currently showing unpreparedness in the management of the program, the expected PAMSIMAS program was far from the expected benefits of the community in using clean water. In this study to examine more on the problems that arise, researchers use normative research supported by an empirical approach. From the research, the researchers found indicators of problems that were the constraints of the ineffectiveness of a government program to meet the needs of the community, which among others, the absence of special assistance from the government regarding the mechanism in the program. The duration of responsive embodiment of regulatory instruments issued from 2008 to 2018.
HAK DAN KEWAJIBAN SUAMI ISTRI DAN HARTA BERSAMA DALAM PERKAWINAN MENURUT UU NO. 1 TAHUN 1974 Sumoked, Jeffrin Pratama
JURNAL MEDIA HUKUM DAN PERADILAN Vol. 5 No. 1 (2019): May 2019
Publisher : JURNAL MEDIA HUKUM DAN PERADILAN

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Abstract

A marriage sometimes has several kinds of marital assets. According to Law No. 1 of 1974, namely property, assets and joint assets. The three marriages above, the inheritance of each husband / wife has the full right to carry out legal acts while the joint assets are assets obtained during the marriage of the husband or wife can act on the agreement of both parties. Furthermore, concerning joint assets, which are obtained by the wife / husband or only by the husband or wife, constitute joint income and joint responsibility

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