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INDONESIA
Sapientia Et Virtus
Published by Universitas Katolik Darma Cendika
ISSN : 2355343X     EISSN : 27162273     DOI : 10.37477
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Tujuan jurnal ini adalah menyediakan tempat bagi akademisi, peneliti dan praktisi untuk menerbitkan artikel penelitian asli atau artikel ulasan. Ruang lingkup artikel yang diterbitkan dalam jurnal ini membahas berbagai topik, termasuk berbagai pendekatan untuk studi hukum seperti perbandingan hukum, hukum dan ekonomi, sosiologi hukum, dan antropologi hukum. Artikel juga dapat membahas bidang hukum yang spesifik, misalnya: hukum pidana, hukum perdata, hukum komersial dan bisnis, hukum internasional, hukum konstitusional, hukum administrasi, hukum adat, dan hukum sumber daya alam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol 4 No 2 (2019): September" : 5 Documents clear
Perlindungan Hukum Terhadap Notaris Yang Telah Diberhentikan Berdasarkan Pasal 13 Undang Undang Jabatan Notaris Maraja Malela Marpaung
SAPIENTIA ET VIRTUS Vol 4 No 2 (2019): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v4i2.190

Abstract

Article 13 Notary Law governs that the notary was dismissed with disrespect by the minister because it was sentenced to imprisonment based on a court ruling that had acquired the legal force remained because of a criminal offence threatened with a prison sentence of 5 (five) years or more. The provisions of article 13 of the Notary Law are closely related to the criminal code which is the law of the event, in the provision of article 1 number 12 Criminal Procedural Law defines a legal effort i.e. the right of defendant or public prosecutor to not accept a court ruling in the form of resistance Appeals or the appeal or the criminal right to apply for a review in respect of and in the manner governed by this law. With regard to the efforts of the law and Article 13, indeed, notary still has the right to prove his innocence, in this case by submitting a review pursuant to the provisions of article 263 paragraph (1) of the criminal code. Indeed, because of the lack of harmony between the constitution as material law and the criminal code as the law of Formiil, it does not reflect a legal certainty and legal protection for notary who is litigated or is dealing with Legal issues. Furthermore, in case of notary has been disrespectfully dismissed pursuant to article 13 Notary Law, but based on the verdict of review was not guilty. The notary is entitled to claim the restoration of its rights. One of the rights that will be bound to be asked by a notary public is related to his status as a notary, meaning requesting a reappointment as a notary because it has previously been dismissed disrespectfully based on article 13 Notary Law. However, due to unregulated procedures and mechanisms for reappointment of notary public in Notary Law and related legislation, in this case it can be said as a legal void and does not reflect legal protection for A notary who is litigated or is dealing with legal issues.
Pemanfaatan Tenaga Oleh RBA Terhadap ANM Ditinjau Dari Undang Undang Nomor 21 Tahun 2007 Tentang Pemberantasan Tindak Pidana Perdagangan Orang Edwin Horianto
SAPIENTIA ET VIRTUS Vol 4 No 2 (2019): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v4i2.191

Abstract

Society often view woman as a graceful, sensitive, and patient human being. That view often found in a patriarchal society. Patriarchal society itself is a society where man had absolute power and dominence over a woman. Because of that view, woman tend to be discriminated and abuse physically, sexually, or physchologically. Human trafficking is one form of crime against woman. The Republic of Indonesia had regulated regarding the human trafficking on Law Number 21 of 2007 on Eradication of Human Trafficking. The philosophy behind the creation of this law is based on the fact that human trafficking especially on woman and children is an act that against the dignity of human and can be consider as a breach of human right, therefore it has to be eliminate. Also the current legislation regarding human trafficking isn’t capable of providing a comprehensive and integrated legal basis for the eradiction of such criminal acts. RBA as a criminal offender on this paper has fulfilled the definition of human trafficking on Article 2 of Law Number 21 of 2012, also she is eligible to bear criminal responsibility of her actions as she was legally adult and legally competent, she also intentionally perform the crime, and has no legal excuse to be excused from criminal responsibility. Through this study, we hoped that: the victims of human trafficking should be rehabilitated, and the judges should be more cautious in examining the subject matter to produce impartial verdicts.
Aspek Hukum Pemberian HPL Atas Bidang Tanah Yang Telah Dikuasai, Diduduki Atau Digarap Oleh Warga Felix Kurniawan
SAPIENTIA ET VIRTUS Vol 4 No 2 (2019): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v4i2.192

Abstract

This article discusses the legal consequences of granting Management Rights (HPL) on land that has been controlled, occupied or cultivated by residents. The state as the highest holder of power over land, that power includes regulating and carrying out the designation, use, supply and maintenance of the earth, water and space; determine and regulate legal relations between people and earth, water and space; determine and regulate legal relations between people and legal actions concerning earth, water and space. On the basis of the state's right to control, there are various kinds of rights to the surface of the earth, called land, which can be given to and owned by people both alone and together with other people and legal entities. State power over land that is not owned by a person or other party's rights is wider and fuller. Decree of the State Minister for Agrarian Affairs / Head of the National Land Agency issues Decree No. 53 / HPL / BPN / 1997 concerning the Provision of HPL on behalf of the Surabaya Level II Municipal Government, even though the land has been controlled, occupied or cultivated by residents who have no legal basis.
Batas Usia Kedewasaan Dalam Transaksi E-Commerce Veronica Andriani
SAPIENTIA ET VIRTUS Vol 4 No 2 (2019): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v4i2.193

Abstract

E-Commerce is a new way for buying and selling transactions, where these transactions are carried out online to facilitate and reach everyone without a certain geographical limit. In addition to e-commerce goodness, it has a weakness that the identity of the stakeholder that cannot be known. The importance of information related to identity is needed to determine whether the parties to the transaction are capable in carrying out legal actions. This becomes important to know which benchmarks of adults can conduct transactions online.
Perjanjian Pengikatan Jual Beli Hak Atas Tanah Sebagai Jaminan Kredit Hak Tanggungan Jennis Kristina
SAPIENTIA ET VIRTUS Vol 4 No 2 (2019): September
Publisher : Darma Cendika Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37477/sev.v4i2.194

Abstract

Bank credit activities carried out with all internal policies must apply the principle of prudence. PPJB which is a binding agreement between the parties whose rights are not yet perfect, compilation is used as a guarantee of mortgage rights can be a cause of failure to fulfill the prudential principle. This research is a normative juridical research, using literature approach. The results of the discussion and conclusion of this study show: Bank's internal policy that states PPJB used as security of mortgage can be done using the process of making a Note Cover. This can bring the bank in the position of being stolen because making a Cover Note does not require an approved deed related to the buying and selling process such as a sale and purchase certificate or certificate. Furthermore, debtors who are negligent or have no good intentions, the Cover Note does not increase to become a certificate. Such participation makes the object to be requested or bound with mortgage rights still needed, so the position of the bank's creditors is threatened as concurrent creditors who do not have a special position of compilation in the credit process.

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