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Norma
Published by Universitas Wijaya Kusuma Surabaya
ISSN : 16930657     EISSN : 27461963     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
NORMA is an open-access law journal with double blind peer review process that published three times a year in February, June, and October by Faculty of Law Universitas Wijaya Kusuma Surabaya. NORMA only accept manuscript written in English. The decision on whether the scientific article is accepted or not, will be the Editorial Boards right based on the peer reviewers recommendation. NORMA welcomes both national and international legal scholars and practitioners to contribute and publish their original ideas whether it is theoretical or empirical papers, as it is the aims of this journal. Papers published in NORMA shall be about legal issues in the field of Private law, Criminal law, Islamic law, International law, and Constitutional law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 46 Documents
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Implementation Of the Notary's Duties and Positions Regarding the Presence of the Appeaser Refers to Decree Number 65/33-III/ PP-INI/2020 Dated March 17, 2020 Muhammad Firdausy Maulana Witapratama
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1590

Abstract

Concerns about Covid 19 by notaries in doing the Deed. This study aims to examine the Implementation of the Notary Position in Doing Deeds Before and during the Covid-19 Pandemic Period, and to Assess Obstacles in the Duties of Notary Positions in Doing Deeds during the Covid-19 Pandemic Period). The type of research used by the author is descriptive type research. Descriptive research is a problem-solving procedure investigated by describing or describing the current state of the subject and object of research based on existing facts. The results of the research in the Assignment of Notary Positions in Doing Deeds Before and during the Covid 19 Pandemic Period differed from the difference in the health protocol and the presence of the appeasers based on SK Number 65/33-III/ PP-INI/2020 dated March 17, 2020, regarding the matter referred to In the main point of the letter, the Central Management of the Indonesian Notary Association (PP-INI) and all of its staff expressed concern over the massive development of the spread of Covid-19 which directly affected the implementation of the duties of a Notary public in providing services to the public and in this regard, this PP urges all members to follow the health protocols set by the government to overcome the spread of Covid-19.Keywords: CoronaViruses, Notary, Decree.
Penerangan Jalan Umum Antara Hak Dan Kewajiban Indrati Rini
NORMA Vol 1, No 1 (2004): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v1i1.1049

Abstract

Pajak penerangan jalan haruslah berdasarkan UU, hal ini dapat dipahami karena pajak merupakan beban kewajiban rakyat, sehingga benar-benar dari dan untuk kesejahteraan rakyat termasuk pelanggan/konsumen listrik. Pelanggan/konsumen listrik wajib membayar pajak penerangan jalan setiap bulannnya bersamaan dengan pelaksanaan pembayaran rekening listrik PLN dengan besar nilai pajak ditentukan paling tinggi sebesar 10% berdasarkan UU No. 34 Tahun 2000 dan PP Nomor 65 Tahun 2001.
Rejection of Accident Insurance Claims by Insurance Companies Berto Tegar Samudera
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1585

Abstract

Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.
Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights Rias Frihandini
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1291

Abstract

This research aims to see and analyze legal protection for land rights holders who lost their land rights due to public interest clause, whether for the benefit of the state or the private sector. Based on the 1945 Constitution, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is required to be used for the greatest prosperity of the people, and not for certain elites from government agencies who need land. Limitations must be applied to this clause so that the use is not arbitrary because even though the land rights are ownership rights, it can lose since the Government carries it out. The public interest clause is always the way and the Government answer for those who refuse their land to be acquired. Research results are that public interests, which are the needs of many people or broad goals, must pay attention to social, political, psychological, vindication and security aspects based on the National development principle.Keywords: Land, Public Interest, Acquisition
Legal Aspect for Teachers in Educating Their Students to Avoid Criminalization Gendis Wulandari
NORMA Vol 17, No 3 (2020): November
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v17i3.1042

Abstract

This research, entitled legal aspect for teachers in educating their students to avoid criminalization, aims to find out and analyze how to resolve and prevent disputes for teachers and students so that teachers' actions to students and students to teachers will not be easily criminalized. This is normative legal research that will explore the contents of statutory regulations. Based on the study results, the education system in schools no longer emphasizes academic achievement on paper anymore. Developing and improving students' morality and mentality in social interactions is one crucial element that must be done. One alternative that can be used as a reference for teachers' actions towards their students, mainly the reasons teachers do such acts, is that all Teachers substitute parents in the school.Keywords: Students, Teachers, Criminalization.
Pandemic as Reasons to Avoid Pre-Project Selling Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era Fani Martiawan Kumara Putra; Shanti Wulandari
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1591

Abstract

The study, Pandemic as Reasons for Debtors to Avoid Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era, aims to mengetahui dan menganalisa permasalahan wanprestasi yang terjadi pada masa pandemi Covid19 ini, khususnya pada peristiwa Pre-Project Selling. Kegagalan melakukan prestasi bisa terjadi tidak hanya karena kendala perekonomian saja, namun juga bisa karena alat dan tenaga yang terbatas pada masa pandemi. Artinya kegagalan dalam melakukan prestasi tidak hanya pada pihak developer saja, bisa jadi juga dari pihak pembeli, sedangkan sengketa yang terjadi bukanlah yang mempunyai nominal rendah, oleh karenanya kerapkali perkara hingga berujung ke Pengadilan. Ini adalah penelitian normatif dengan pendekatan perundang-undangan. Hasil yang didapatkan dari penelitian ini adalah Hakim yang memutuskan perkara, setidaknya dapat memberikan suatu penghalusan hukum pada keadaan wanprestasi di masa Pandemi ini, agar terwujud keadilan dan juga demikian akan mendukung kegiatan bisnis.Keywords: Pre-Project Selling; Pandemic; Default.
Legal Protection of Flat Buyers Whose Land is Actually Being Secured with Hak Tanggungan Karina Shandy
NORMA Vol 18, No 1 (2021): March
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i1.1287

Abstract

The study, entitled legal protection of flat buyers whose land is actually being secured with Hak Tanggungan, first aims to find out and analyze how disputes are resolved for flats buyers who experience law execution of their future apartment units because the land rights are secured. This is normative legal research that will explore the contents of statutory regulations. The results of this research are that several instruments exist as a unit in purchasing an apartment/flats, one of which is PPJB, the status of the buyer is as a buyer, not bezitter, eignar, or non-litigation channels with specific steps prioritize detentor, the dispute settlement mechanism according to the Agreement in the PPJB. Following statutory regulations, however, the buyer can still take the litigation route as a mechanism for settling the dispute, with compensation claims and suit for default based on the existing PPJB.Keywords: PPJB, Flat, Hak Tanggungan
Diversion's Application in The Juvenile Justice System to Realize Restorative Justice Related to Deprivation of Liberty Principle Aunur Rofiq
NORMA Vol 17, No 3 (2020): November
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v17i3.1075

Abstract

Diversion Efforts can only be carried out in cases of Children in conflict with laws that threaten their crimes under 7 (seven) years and do not constitute a repeat of a criminal act. In contrast, the juvenile justice system requires deprivation of liberty principle and punishment related to the latest findings. This research uses the normative legal research method, using the law method, research method, and comparative method. From this research, we know that diversion in the juvenile justice system cannot be done in every child's case; it can only be done in the case of children who meet the requirements of a case protected under 7 (seven) and not a repeat of follow up. Not all cases of children go through a process of diversion. Children who have a conflict with the law are directly threatened with criminal punishment. However, there has been a reconciliation between the perpetrators and the victims, so that the deprivation of liberty principle, and criminalization, is the latest result, which is not successful. Therefore, diversion shall not be used again to protect children.Keywords: Diversion, Children, Liberty
Characteristics of Notary Deeds for Transactions Through Electronic Media Fani Martiawan Kumara Putra
NORMA Vol 17, No 3 (2020): November
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v17i3.1091

Abstract

These technological advances have caused enormous changes to business people who will indirectly use modern technological advances. This development will undoubtedly bring changes to the Notary duties and authorities' implementation as public official authorized to do authentic deeds. A new dynamic of society changes due to globalization and developments in information technology that require Notary services in carrying out existing legal actions, facilitated by current information technology. However, Notaries are still hampered by the absence of legal instruments that protect and regulate Notaries in carrying out these actions. This is a challenge for the Notary profession in responding to globalization in information technology, meaning that the Notary's duties as public officials develop along with the times. This research is normative research with a statutory approach. The results obtained from this research are that the Notary Public must involve a third party called the Certification Authority, to secure and legitimize documents into electronic transactions. The Notary deed to be used remains an authentic deed and has perfect evidentiary power. Still, suppose the process does not involve the party. In that case, the Notary deed is classified as an underhand deed, and has the power of proof as to the deed underhand, even though it is made and signed either directly or digitally by the Notary.Keywords: Notary, Electronic Transaction, Notary Deeds
Construction Of Heritage Rights and Citizenship Status Differences in Indonesia Dwi Tatak Subagiyo
NORMA Vol 18, No 2 (2021): July
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/nlj.v18i2.1587

Abstract

The high mobility of the population from one country to another, contributes to citizenship transfer. Likewise, Indonesian Citizens (WNI) who, for reasons of education, employment, and other preferences, choose to become Foreign Citizens (foreigners). However, the transfer of citizenship does not necessarily eliminate the ties of blood with the family. For example, in Inheritance in the form of land, a Foreign Citizen, referred to as a WNA, can inherit land rights in Indonesia due to the first two things, a foreign citizen born because of a mixed marriage. And both foreign citizens as a result of naturalization can be understood as a change in the citizenship status of the Indonesian population. Therefore, Indonesia's current construction of inheritance rights within the framework of inheritance regulation (which is part of civil law) is still dualistic and pluralistic. This is inseparable from the legal history of the enactment of civil law in Indonesia.Keywords: Construction, Inheritance, Citizenship

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