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<![CDATA[Tanggung Jawab Bank Kepada Nasabah Pasca Putusan Pengadilan Tindak Pidana Korupsi Pegawai Bank ]]>
<![CDATA[Erna Susanti]]>;
<![CDATA[Sulung Nugroho]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/awmdjg53
<![CDATA[Customers are a crucial factor in the world of Banking. However, it is not uncommon for customers who have fully entrusted their confidence to the bank to become victims of the negligence of individuals within the bank. This research is conducted with the objective of ascertaining the nature of the bank's responsibility following the judgment of Court Decision Number 21/Pid.Sus-TPK/2019/PN Smr, in cases where customers incur losses due to criminal activities committed by bank employees. The protection of banks for Bank Customers is regulated under Law No. 10/1998 regarding Amendments to Law No. 7/1992 regarding Banking. Normatively, the bank is accountable in cases where losses occur as a result of criminal acts by internal individuals, not only the perpetrators but the bank is also jointly responsible in accordance with the explanation found in the Indonesian Civil Code (KUHPer), specifically Article 1367. Regarding customer protection, banks do not solely rely on civil law enforcement, as expected through sanctions and compensation claim mechanisms. Criminal law provisions also include regulations that can safeguard consumers, such as licensing and supervision mechanisms. Indirect protection afforded to customers in the event of criminal acts in the field of banking is established through a series of statutory regulations, such as Law No. 8/1999 regarding Consumer Protection, as well as regulations that can ensnare wrongdoers, such as Law No. 10/1998 regarding Banking, Law No. 11/2008 regarding Electronic Information and Transactions, and Law No. 20/2001 regarding the Eradication of Corruption. Meanwhile, the direct protection provided by banks to their customers involves meticulous planning based on the principle of prudence, as stipulated in Article 29 of Law No. 10/1998 regarding Banking.]]>
<![CDATA[Analisis Yuridis Putusan Niet Ontvankelijke Verklaard Pada Akta Jual Beli ]]>
<![CDATA[Puspita Wardani, Rila]]>;
<![CDATA[Iftitah, Anik]]>;
<![CDATA[Yuliastuti, Eko]]>;
<![CDATA[Alfaris, Moh.]]>;
<![CDATA[Widhiandono, Erwin]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/bx6v2d17
<![CDATA[This study examines legal certainty in land sale and purchase agreements, particularly concerning sale and purchase deeds that result in Niet Ontvankelijke Verklaard (NO) verdicts. The importance of this study lies in understanding the root causes of legal uncertainty in the transfer of land rights and its implications for the involved parties. The objective of this research is to analyze the causes of NO verdicts, understand their legal basis, and evaluate their legal impacts. The methodology used is a normative legal approach with an analysis of primary and secondary legal materials, as well as related court decisions. The main findings indicate that NO verdicts are caused by unclear dispute objects and formal defects such as error in persona and obscuur libel. NO verdicts impact legal certainty, potential compensation claims, and public trust in notaries/PPATs. The implication is that there is a need to increase meticulousness and compliance with formal requirements in drafting sale and purchase deeds to avoid NO verdicts that can harm various parties.]]>
<![CDATA[Sinkronasi Konsep Pemaafan Hakim Sebagai Wujud Asas Restorative Justice Dalam Hukum Acara Pidana ]]>
<![CDATA[Ayu Dian Ningtia]]>;
<![CDATA[Ahmad Faris Shofa]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/wywhjp85
<![CDATA[The development of the criminal system does not only rely on the punishment of defendants, but has led to aligning the interests of victim recovery and defendant accountability by using a restorative justice approach; that the restorative justice approach has not been sufficiently regulated in the criminal justice system, especially regarding the types of cases, conditions and procedures for its application at the trial level to decisions containing a restorative justice approach. Several provisions in the 2023 Criminal Code are considered to need to be harmonized with the 1981 Criminal Procedure Code and the 2012 RKUHAP, one of which is the concept of judge forgiveness (rechterlijk pardon). Regarding these provisions, neither the 1981 KUHAP nor the 2012 RKUHAP have regulations regarding the mechanism for implementing social work crimes and supervision crimes, including ministries/agencies or parties involved in its implementation. This normative juridical research is intended as a recommendation to strengthen the implementation of judge forgiveness as a form of restorative justice by making the necessary adjustments to criminal procedural law reform in Indonesia to ensure the criminal justice system continues to run effectively, fairly and justly. in accordance with applicable legal principles. including in accordance with material provisions.]]>
<![CDATA[Optimalisasi Transaksi Melalui E-Commerce Sebagai Upaya Peningkatan Penerimaan Pajak ]]>
<![CDATA[Mohammad Agus Mustam, Andi]]>;
<![CDATA[Ismiyanto]]>;
<![CDATA[Muhtarom, M.]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/
<![CDATA[This study aims to address the implementation issues of optimizing transactions through e-commerce as a means to increase tax revenue, as well as the obstacles in implementing these optimization policies. The perspective supporting tax imposition on all e-commerce businesses marketing their products in Indonesia is based on the principle of fairness in tax collection, which should be applied equally to all businesses within the same industry. However, the tax authority's stance on imposing taxes on e-commerce activities has faced objections from local businesses, who argue that taxing this infant industry could hinder the growth and development of e-commerce in Indonesia, as it is still in need of protection. This empirical study collects primary data from various marketplace platform providers in the Surakarta region, with a focus on businesses categorized as MSMEs. The findings indicate that the implementation of e-commerce transaction optimization policies to increase tax revenue has not been comprehensively executed in line with the coverage stipulated by legislation and the technical application of tax policies. Obstacles to policy implementation include regulatory substance issues that necessitate an expansion of tax zoning for e-commerce and a lack of outreach and support for taxpayers.]]>
<![CDATA[Urgensi Tata Kelola Dokumentasi Hukum Di Sektor Pendidikan Tinggi Melalui Sistem Informasi JDIH Perguruan Tinggi ]]>
<![CDATA[Suharto, Miko Aditiya]]>;
<![CDATA[Maria Novita Apriyani, Maria]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/
<![CDATA[JDIHN contains legal documents stored digitally in an electronic database that can be accessed from anywhere by the general public. Based on Presidential Decree 33/2012, universities are also ordered to form JDIH in their respective environments. Legal regulations and policies must be formed and socialized in each Higher Education Units so that the teaching and learning process runs well. However, many of the legal regulations and policies made in this higher education environment, if analyzed using legal science, have many administrative and substantive defects. In order to achieve the goals of National legal development and as an effort to prevent disharmonization of legal regulations and policies vertically and horizontally within Higher Education units. This research is a normative legal research type, using a statute approach and a conceptual approach. JDIH in the implementation of Higher Education is expected to be able to minimize disharmonization of regulations and policies that occur in local universities so that they can be minimized or resolved. This method is also a means of realizing the principle of transparency in public services in order to realize good governance and achieve the goals of national legal development. The implementation of JDIH integration starting from each Higher Education Institutions as a member to the Ministry of Education and Culture's JDIH as coordinator, which then continues with integration into BPHN, needs to be regulated in a Ministerial Regulation so that there is no overlap in The authority]]>
<![CDATA[Sinkronasi Konsep Pemaafan Hakim Sebagai Wujud Asas Restorative Justice Dalam Hukum Acara Pidana ]]>
<![CDATA[Ayu Dian Ningtia]]>;
<![CDATA[Ahmad Faris Shofa]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/risalah.v20i1.1372
<![CDATA[The development of the criminal system does not only rely on the punishment of defendants, but has led to aligning the interests of victim recovery and defendant accountability by using a restorative justice approach; that the restorative justice approach has not been sufficiently regulated in the criminal justice system, especially regarding the types of cases, conditions and procedures for its application at the trial level to decisions containing a restorative justice approach. Several provisions in the 2023 Criminal Code are considered to need to be harmonized with the 1981 Criminal Procedure Code and the 2012 RKUHAP, one of which is the concept of judge forgiveness (rechterlijk pardon). Regarding these provisions, neither the 1981 KUHAP nor the 2012 RKUHAP have regulations regarding the mechanism for implementing social work crimes and supervision crimes, including ministries/agencies or parties involved in its implementation. This normative juridical research is intended as a recommendation to strengthen the implementation of judge forgiveness as a form of restorative justice by making the necessary adjustments to criminal procedural law reform in Indonesia to ensure the criminal justice system continues to run effectively, fairly and justly. in accordance with applicable legal principles. including in accordance with material provisions.]]>
<![CDATA[Tanggung Jawab Bank Kepada Nasabah Pasca Putusan Pengadilan Tindak Pidana Korupsi Pegawai Bank ]]>
<![CDATA[Erna Susanti]]>;
<![CDATA[Sulung Nugroho]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
Show Abstract
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DOI: 10.30872/risalah.v20i1.1484
<![CDATA[Customers are a crucial factor in the world of Banking. However, it is not uncommon for customers who have fully entrusted their confidence to the bank to become victims of the negligence of individuals within the bank. This research is conducted with the objective of ascertaining the nature of the bank's responsibility following the judgment of Court Decision Number 21/Pid.Sus-TPK/2019/PN Smr, in cases where customers incur losses due to criminal activities committed by bank employees. The protection of banks for Bank Customers is regulated under Law No. 10/1998 regarding Amendments to Law No. 7/1992 regarding Banking. Normatively, the bank is accountable in cases where losses occur as a result of criminal acts by internal individuals, not only the perpetrators but the bank is also jointly responsible in accordance with the explanation found in the Indonesian Civil Code (KUHPer), specifically Article 1367. Regarding customer protection, banks do not solely rely on civil law enforcement, as expected through sanctions and compensation claim mechanisms. Criminal law provisions also include regulations that can safeguard consumers, such as licensing and supervision mechanisms. Indirect protection afforded to customers in the event of criminal acts in the field of banking is established through a series of statutory regulations, such as Law No. 8/1999 regarding Consumer Protection, as well as regulations that can ensnare wrongdoers, such as Law No. 10/1998 regarding Banking, Law No. 11/2008 regarding Electronic Information and Transactions, and Law No. 20/2001 regarding the Eradication of Corruption. Meanwhile, the direct protection provided by banks to their customers involves meticulous planning based on the principle of prudence, as stipulated in Article 29 of Law No. 10/1998 regarding Banking.]]>
<![CDATA[Analisis Yuridis Putusan Niet Ontvankelijke Verklaard Pada Akta Jual Beli ]]>
<![CDATA[Puspita Wardani, Rila]]>;
<![CDATA[Iftitah, Anik]]>;
<![CDATA[Yuliastuti, Eko]]>;
<![CDATA[Alfaris, Moh.]]>;
<![CDATA[Widhiandono, Erwin]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
Show Abstract
|
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DOI: 10.30872/risalah.v20i1.1493
<![CDATA[This study examines legal certainty in land sale and purchase agreements, particularly concerning sale and purchase deeds that result in Niet Ontvankelijke Verklaard (NO) verdicts. The importance of this study lies in understanding the root causes of legal uncertainty in the transfer of land rights and its implications for the involved parties. The objective of this research is to analyze the causes of NO verdicts, understand their legal basis, and evaluate their legal impacts. The methodology used is a normative legal approach with an analysis of primary and secondary legal materials, as well as related court decisions. The main findings indicate that NO verdicts are caused by unclear dispute objects and formal defects such as error in persona and obscuur libel. NO verdicts impact legal certainty, potential compensation claims, and public trust in notaries/PPATs. The implication is that there is a need to increase meticulousness and compliance with formal requirements in drafting sale and purchase deeds to avoid NO verdicts that can harm various parties.]]>
<![CDATA[Optimalisasi Transaksi Melalui E-Commerce Sebagai Upaya Peningkatan Penerimaan Pajak ]]>
<![CDATA[Mohammad Agus Mustam, Andi]]>;
<![CDATA[Ismiyanto]]>;
<![CDATA[Muhtarom, M.]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
Show Abstract
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DOI: 10.30872/risalah.v20i1.1587
<![CDATA[This study aims to address the implementation issues of optimizing transactions through e-commerce as a means to increase tax revenue, as well as the obstacles in implementing these optimization policies. The perspective supporting tax imposition on all e-commerce businesses marketing their products in Indonesia is based on the principle of fairness in tax collection, which should be applied equally to all businesses within the same industry. However, the tax authority's stance on imposing taxes on e-commerce activities has faced objections from local businesses, who argue that taxing this infant industry could hinder the growth and development of e-commerce in Indonesia, as it is still in need of protection. This empirical study collects primary data from various marketplace platform providers in the Surakarta region, with a focus on businesses categorized as MSMEs. The findings indicate that the implementation of e-commerce transaction optimization policies to increase tax revenue has not been comprehensively executed in line with the coverage stipulated by legislation and the technical application of tax policies. Obstacles to policy implementation include regulatory substance issues that necessitate an expansion of tax zoning for e-commerce and a lack of outreach and support for taxpayers.]]>
<![CDATA[Urgensi Tata Kelola Dokumentasi Hukum Di Sektor Pendidikan Tinggi Melalui Sistem Informasi JDIH Perguruan Tinggi ]]>
<![CDATA[Suharto, Miko Aditiya]]>;
<![CDATA[Maria Novita Apriyani, Maria]]>
<![CDATA[ Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
Show Abstract
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DOI: 10.30872/risalah.v20i1.1615
<![CDATA[JDIHN contains legal documents stored digitally in an electronic database that can be accessed from anywhere by the general public. Based on Presidential Decree 33/2012, universities are also ordered to form JDIH in their respective environments. Legal regulations and policies must be formed and socialized in each Higher Education Units so that the teaching and learning process runs well. However, many of the legal regulations and policies made in this higher education environment, if analyzed using legal science, have many administrative and substantive defects. In order to achieve the goals of National legal development and as an effort to prevent disharmonization of legal regulations and policies vertically and horizontally within Higher Education units. This research is a normative legal research type, using a statute approach and a conceptual approach. JDIH in the implementation of Higher Education is expected to be able to minimize disharmonization of regulations and policies that occur in local universities so that they can be minimized or resolved. This method is also a means of realizing the principle of transparency in public services in order to realize good governance and achieve the goals of national legal development. The implementation of JDIH integration starting from each Higher Education Institutions as a member to the Ministry of Education and Culture's JDIH as coordinator, which then continues with integration into BPHN, needs to be regulated in a Ministerial Regulation so that there is no overlap in The authority]]>
