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INDONESIA
Jurnal Interpretasi Hukum
Published by Universitas Warmadewa
ISSN : 27465047     EISSN : 2809977X     DOI : https://doi.org/10.22225/juinhum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Interpretasi Hukum website provides journal articles for free download. Our journal is a journal that is a reference source for academics and practitioners in the field of law. Jurnal Interpretasi Hukum is a law journal articles of students for Law Science published by Warmadewa University Press. Jurnal Interpretasi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year April, August, and December, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 395 Documents
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Perlindungan Hukum terhadap Pihak Swasta pada Kontrak Build Operate Transfer dalam Sengketa Pembatalan Kontrak Sepihak dari Pemerintah Marino, Emir Fabrian; Atik Winanti
Jurnal Interpretasi Hukum Vol. 4 No. 2 (2023): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.4.2.9400.405-415

Abstract

The Build Operate Transfer (BOT) scheme has become the primary choice for governments in financing infrastructure due to its significant benefits for both the government and the private sector. However, there are often associated problems and risks, especially regarding unilateral contract cancellations. Hence, legal protection for the parties involved in BOT contracts is crucial due to the substantial investments in long-term infrastructure projects. The type of research used in this study is normative legal research. The author employs approaches including statutory and case law analysis. The author utilizes qualitative juridical data analysis techniques, involving the interpretation of legal materials as an initial step, typically conducted in normative legal research. The results of this study indicate that although BOT contract law in Indonesia has been regulated, there are still several issues in its implementation, often leading to disputes and unilateral contract cancellations. The government must ensure legal certainty for investors and other private sector entities so that the investment climate, including through BOT contracts, can thrive in Indonesia. This principle is then developed into regulations governing legal protection provisions for unilateral contract cancellations. Indonesia's legal framework for BOT contracts is detailed, but some additions are necessary to enhance its effectiveness. Therefore, future BOT legal frameworks are recommended to include general provisions related to BOT projects, tender offers and negotiations, agreement mechanisms, signing processes, and project monitoring.
Perlindungan Perlindungan Terhadap Perempuan Korban Kekerasan Berbasis Gender Online Dalam Era Digital Muryatini, Ni Nyoman
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum (In Press)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10396.969-976

Abstract

In today’s digital era, sexual violence crimes often occur in cyberspace. Based on the annual records of the National Commission on Violence Against Women, reports of cases of online gender-based violence have increased in the last five years. Cyberspace is currently not a safe space for women. As a basic law, the Indonesian Constitution of 1945 explicitly regulates the right to a sense of security and protection for everyone. The methods used in this study are normative juridical using a legislative approach and a case approach. The purpose of this study is to provide legal arguments regarding whether an event is right or wrong and how the event should be according to law. Based on the results of the study, in law enforcement, law enforcement officers often use the electronic information and transactions law and the pornography law which results in victims being in a vulnerable position. The negative stigma from society and criminalization of victims result in a minimum of cases being resolved through litigation so that victims do not get the right to handling and recovery as mandated by the law on sexual violence. The state must guarantee a safe space for women in cyberspace. The state must carry out its commitment to provide justice and restitution to victims as mandated by law. For the sake of legal certainty, the government must immediately ratify the implementing regulations of the law on sexual violence. Provide socialization to the public regarding the law on sexual violence to increase public legal awareness and improve the competence of law enforcement officers by providing training in handling cases of online gender-based violence.
Urgensi Pengaturan Akta Pembatalan Terhadap Akta Pejabat Pembuat Akta Tanah (PPAT) Putri, Ni Made Nita Pradnyaning; Purwanto, I Wayan Novy
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum (In Press)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10400.986-993

Abstract

When executing his responsibilities to authenticate deeds within the realm of land transactions, it is quite frequent for a PPAT to face issues concerning previously executed deeds, particularly when parties demand their annulment. This study addresses the lack of normative guidelines pertaining to the specific forms or types of cancellation deeds required to annul a PPAT deed. This study aims to explore the imperative of instituting regulatory measures concerning the annulment deeds executed by PPAT, as well as the legal consequences that arise from the nullification of a PPAT Deed. Utilizing a normative legal research approach that emphasizes statutory analysis, the study scrutinizes the legal structures outlined in diverse legislative documents. The methodological approach involved the utilization of library research or document analysis to collect legal documentation, which was subsequently subjected to qualitative evaluation. The results of the study demonstrate that the establishment of a Deed of Cancellation for a PPAT Deed by a Notary, or in their presence, is authorized according to Article 15, Paragraph (2), sub-paragraph f of the UUJN-P. This authorization is intended to provide legal assurance to all relevant parties and Land Deed Making Officials, given the lack of detailed regulations specifying the nature, structure, content, and procedural stipulations required for these cancellations. Consequently, the legal repercussions of canceling a PPAT Deed are that all entities and individuals are returned to their original state prior to the execution of the PPAT Deed.
Tinjauan Yuridis Terhadap Pengaturan Pemberhentian Notaris Dalam Konteks Kepailitan Ni Kadek Winda Nandayani; Ariana, I Gede Putra
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum (In Press)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10401.977-985

Abstract

The stipulations of Bankruptcy Regulation under Law Number 2 of 2014, specifically in Article 12 letter a, which pertains to the Notary Position, engender a variety of interpretations. According to this provision, a Notary who is adjudicated bankrupt by judicial decree faces dishonorable discharge. Such dismissal contravenes the established bankruptcy principles outlined in Law Number 37 of 2004 on Bankruptcy. The objective of this research is to explore the foundational legal framework governing the termination of a Notary's role and to examine the legal ramifications associated with such dismissal within the framework of bankruptcy. This investigation adopts a normative legal research methodology, motivated by the unclear legal norms present. Legal documents serve as both the primary research tool and the primary source of data for identifying issues. The findings reveal that the ambiguity engendered by Article 12(a) of the Notary Position Law, which governs the dishonorable dismissal of notaries declared bankrupt, raises questions about whether notaries should be considered as debtors or as representatives of their official capacities. This ambiguity contributes to legal uncertainty and the possibility of injustice. The bankruptcy notary loses the authority to take care of his personal property and the right to make authentic deeds, although he can still perform other legal acts. Violations in bankruptcy can cause the deed to lose its authenticity, and the aggrieved party can seek compensation. The Notary Office Law has not regulated the details of Notary bankruptcy, including document security and reappointment, causing ambiguity in norms.
Kewenangan Notaris Dalam Menerapkan Prinsip Mengenali Pengguna Jasanya Pada Permenkumham Nomor 9 Tahun 2017 Robed, Gede Odhy Suryawiguna; Yusa, I Gede
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum (In Press)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10467.994-1002

Abstract

The aim of this study is to examine the extent of authority that can be exercised by a notary in reporting suspicious financial transactions and what the notary's responsibilities are in implementing the principle of recognizing users of his services in accordance with the provisions of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 9 of 2017 concerning the Application of Principles. Recognizing Service Users for Notaries. This study uses normative legal research methods with a legislative approach and analysis of legal concepts. The results of the study show that if you look at the principle of lex superior derogate legi inferior then in the legal hierarchy Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public has a higher position than the Regulation of the Minister of Law and Human Rights Number 9 of 2017 concerning the Implementation of the Principle of Recognizing Service Users for Notaries, therefore notaries must maintain the confidentiality of the deeds they make based on the provisions of Article 16 paragraph (1) letter f and the notary's responsibility is only based on formal truth in accordance with the provisions of Article 39 Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

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