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Justness : Jurnal Hukum Politik dan Agama
Published by Sekolah Tinggi Ilmu Hukum Zainul Hasan
ISSN : -     EISSN : 28290607     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JUSTNESS : Jurnal Hukum dan Agama Pernyataan kode etik ilmiah merupakan pernyataan kode etik semua pihak yang terlibat dalam proses publikasi JUSTNESS: Jurnal Hukum Politik dan Agama, yaitu pengelola, editor, mitra bestari dan pengarang/penulis.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 64 Documents
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STUDI KOMPARASI PERBUATAN PEMBELAAN DIRI OVERMACHT, NOODWEER DAN NOODWEEREXCES DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM PIDANA: STIH MUHAMMAD ZAINAL
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 1 (2022): Maret 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i1.16

Abstract

Abstract The Criminal Code that we know is Positive Law that applies in Indonesia, especially those relating to criminal acts or actions that harm others as legal subjects, the Criminal Code (KUHP) is included in the Lex Generalis category or Public Law which regulates the rules for people who commit violations, however, the articles in the Criminal Code do not entirely include paragraphs regarding legal sanctions for perpetrators of criminal acts, but there are several articles that fall into the category of acts that are not criminalized, especially in Book I Chapter III of the Indonesian Criminal Code. the Criminal Law Act which regulates Matters that Eliminate Criminal Offenses which are regulated from Article 44 to Article 52a, in particular the provisions of Articles 48 and 49 of the Criminal Code which regulates Acts of Self-Defense due to Forced Power (overmacht) and Self-Defense The Transcendent / Forced Defense or in other words known as N oodweer, as a form of protection for people who experience an act that threatens themselves so that they carry out a defense, the defense of which of course may have fatal consequences for the perpetrators who turn out to be victims, considering that a few weeks ago there was also a case against the decision at the Jakarta District Court which ruled two the defendant was a police officer who killed Laskar FPI for reasons of Noodweer (defense because he had to). Therefore, the author wants to examine in this research by formulating the problem of how to implement article 48 and article 49 of the Criminal Code regarding self-defense because of compulsion and what are the factors that can be used as justification for self-defense that exceeds the limit/noodweer to ensure legal certainty. The method used in the preparation of this scientific paper is a normative juridical approach which refers to the legislation in force in Indonesia in accordance with the rationale of legal practitioners, as well as legal experts in this country, especially in terms of the application of articles 48 and 49 The Criminal Code (KUHP) on Forced Self-Defense (Overmacht) and Forced Defense (Noodweer) The conclusion of scientific studies on self-defense that exceeds the limit of noodweer in this scientific work is the existence of important and necessary limitations and conditions in terms of self-defense that exceeds the limit or noodweercarried out by victims in defending themselves and their property. Keyword: Comparative Study – Overmach, Noodweer, Noodweerexces – KUHP
MEKANISME PELAYANAN PEJABAT NOTARIS DALAM PEMBUATAN AKTA DI MASA PANDEMI COVID-19 BERDASARKAN PERATURAN GUBERNUR NOMOR 53 TAHUN 2020 TENTANG PENERAPAN PROTOKOL KESEHATAN DALAM PENCEGAHAN DAN PENGENDALIAN COVID-19: (Studi Di Kantor Notaris Moh. Nur Kholis Muslim, SH., MKn.) Hj. KHUSNUL HITAMINAH; Sisi Feronika
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 1 (2022): Maret 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i1.20

Abstract

Abstract Notary officials are public officials who are authorized to make authentic deeds and have other authorities as referred to in this law. However, with the covid 19 pandemic, there are concerns in the service process of notaries in making authentic deeds of the transmission of covid, so there needs to be a new mechanism in providing services to their clients, one of which is Notary Moh. Nur Kholis Muslim, SH., MKn. Based on East Java Governor Regulation Number 53 of 2020 concerning Health Protocols. Notary Moh. Nur Kholis Muslim, SH., MKn. As a sample in this study by emphasizing the problems formulated in the problem formulation How is the service mechanism for making Authentic Deeds at the Notary Office Moh. Nur Kholis Muslim, SH., MKn. During the Covid 19 Pandemic? and What are the obstacles and strategies that can be done to provide excellent service to clients at the Notary Moh. Nur Kholis Muslim, SH., MKn. During the Covid 19 Pandemic? The purpose of this study was to determine the service mechanism at the Notary Moh. Nur Kholis Muslim, SH., MKn. In making an authentic deed during the covid 19 pandemic based on Governor Regulation Number 53 of 2020. This study uses an empirical juridical method, namely by approaching the problem through existing regulations and theories, then connecting it with field practice or facts that occur in the field according to the focus of the problem being studied or researched, where the object of this research is a direct approach to the Notary's office. Moh. Nur Kholis Muslim, SH., MKn. Paiton Probolinggo. Keywords: Notary Official, authority, authentic deed, covid 19 pandemic
PENYELESAIAN SENGKETA HIBAH TANAH DI PENGADILAN AGAMA KRAKSAAN: (Studi Di Pengadilan Agama Kraksaan Perkara Nomor : 2308/Pdt.G/2016/Pa.Krs) H.A. DJAZIM MA'SHUM; Ali Hurozim
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 1 (2022): Maret 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i1.21

Abstract

Abstraction Within the scope of the Religious Courts, the cases handled by the basic courts used not only positive law but also Islamic law, such as in the case of grant disputes. Literally the grant comes from the word wahaba-yahabu-hibatan, which means to give or give, and is a management contract for the provision of grants to their assets without replacement. Voluntary without compensation from one person to another while still alive to be owned, there is no exchange and no reason. Giving with the aim of virtue in association without expecting anything from anyone, where the surrender of ownership means that what is given is full property. So that in this study the author has set the title, namely Normative Juridical Analysis of the Decision of the Kraksaan Religious Court Number: 2308/Pdt.G/2016/Pa.Krs in Settlement of Land Grants Disputes Study Pututasa Land Lawsuit Grants Kraksaan Religious Court). From the title, it can be formulated the problem factors. How is the process of examining the cancellation of grants by the Kraksaan Religious Court and what is the legal status of the cancellation of grants by the Kraksaan Religious Court. The method used in this research is normative legal research or library research which is carried out by reviewing and reviewing library sources in the form of primary data and secondary data sources that are relevant to the discussion and help understanding. From the results of the discussion and research, it can be concluded that the plaintiff's claim is firmly rejected, because since the swah land located in Wonorejo village, Maron sub-district, Probolinggo district (the object of the dispute) belongs to the Defendant with proof of ownership being a certificate of Ownership and the authority of the Defendant, thus the lawsuit should be ruled out without needing to be considered. Keywords : Juridical Analysis, Court Decision, Grant Land Dispute
IMPLEMENTASI TUGAS DAN WEWENANG KEPALA DESA BERDASARKAN UNDANG-UNDANG NO 6 TAHUN 2014 TENTANG DESA: (Studi Di Desa Rawan Kecamatan Krejengan Kabupaten Probolinggo) ACH. SYAMSUL ASKANDAR; Ahmad Taufiq H.
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 1 (2022): Maret 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i1.23

Abstract

Abstract The village is the smallest area within the scope of the government structure, throughout the course of the state administration of the Republic of Indonesia, the village has developed in various forms so that it needs to be protected and empowered to become strong, advanced, independent and democratic so that it can create a strong foundation in implementing governance and development towards village communities as the lowest government unit in Indonesia, its position and authority still raises many pros and cons. This is because the laws governing Regional Government and the new ones have not provided any firmness regarding the duties and authorities of the Village Head. The method used is an empirical legal study. Village administration is a subsystem of the government administration system, so that the village has the authority to regulate and manage the interests of its people. The implementation of village government is inseparable from the implementation of regional autonomy, the village government is the leading unit in service to the community and is a strategic milestone for the success of all programs. Based on this, the formulations discussed in this study are, firstly the implementation of the duties of the village head is vulnerable in realizing the objectives of the village head's authority, and secondly for the supervision of the implementation of the village head's duties which includes all efforts or activities to ensure and direct that the implementation of the tasks or work runs. properly. Keywords: Duties and authorities, Village Head, Law no. 6 Year 2014
TINJAUAN YURIDIS PERATURAN OTORITAS JASA KEUANGAN (POJK) NOMOR 77 TAHUN 2016 TENTANG LAYANAN PINJAMAN UANG BERBASIS TEKNOLOGI INFORMASI TERHADAP PERJANJIAN PINJAMAN UANG MELALUI FINANCIAL TECHNOLOGY (FINTECH) MOHAMMAD ANTON SURYADI; M. Rizal Efendi
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 1 (2022): Maret 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i1.25

Abstract

Abstract The issuance of the Financial Services Authority Regulation (POJK) number 77 of 2016 as a form of regulation regarding information technology-based money loans. Financial Technology (Fintech) is the latest innovation in the financial sector which is the locomotive for the development of sophisticated technology. The results of this study indicate that (a) the agreement is valid if it follows Article 1320 of the Civil Code. In an online loan agreement, an agreement that occurs when the creditor / lender and debtor / loan recipient both fulfill their rights and obligations as business actors and consumers where both enter into a loan agreement and as long as the loan agreement does not harm both parties, the loan agreement online is considered legal, (b) a form of legal protection for the parties in an online loan agreement, is the arrangement of the rights and obligations of the parties, such as the rights and obligations of business actors to have the right to get payments from consumers for loans given and are also entitled to get protection against actions of consumers who have bad intentions in carrying out the agreement and the rights and obligations of consumers are regulated in article 4 of law number 8 of 1999. consumers are obliged to pay a certain amount of money for loans that have been ordered from creditors. This study uses a normative method or study, with the aim of knowing how the implementation and role of the Financial Services Authority Regulation number 77 of 2016 plays a role in protecting the rights of consumers and debtors, therefore researchers are interested in studying it in this study as a form of providing assistance. socialization about online loan agreements so that the public knows about the procedures for online loan agreements, as well as the rights and obligations for business actors and consumers. So that the formulation of the problem that will be discussed is How is an online loan agreement (credit)? and How is the Legal Protection in Online Money Loan Agreements? Keywords: Financial Services Authority, online loans, Law number 77 of 2016
PERAN KEPALA DESA DALAM PEMBUATAN AKTA DI BAWAH TANGAN YANG DILAKUKAN PARA PIHAK PEMEGANG HAK ATAS TANAH (Studi di Desa Selogudig Wetan Kecamatan Pajarakan Kabupaten Probolinggo) Munib, Ali
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.32

Abstract

Abstrack The freedom to make an agreement is the freedom of every individual. Put forward an open system by the parties referring to the provisions of Article 1320 of the Civil Code as a condition for the validity of an agreement. This study aims to identify and examine as well as analyze the public's perception of the making of private deeds and the role of the village government in tackling the rampant making of private deeds in the community. This research is an empirical legal research. The results of this study indicate that there are several reasons why the people of Selogudig Wetan Village still carry out buying and selling transactions that are only limited to making under-handed deeds, namely the low legal awareness regarding certainty of underhanded deeds, not knowing the mechanics of making authentic deeds involving PPAT and the absence of legal counseling that been carried out by the village government. Efforts that have been made by the village government in tackling the rampant making of underhand deeds are to hold legal counseling on the importance of making authentic deeds and to socialize to the public that the deed under the hands of the power of proof is only formal. Keywords: Underhand Deed, Community Perception, Government Effort
REHABILITASI DAN GANTI KERUGIAN TERDAKWA YANG DIADILI TANPA BERDASARKAN UNDANG-UNDANG Cahyono, Rudi
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.28

Abstract

Abstract   Rehabilitation is the restoration of a person's rights in the original ability or position given by the court. In practice, compensation in criminal law can be requested for 2 things, namely: because of the actions of law enforcement officials and because of the actions of the defendant. Compensation is a person's right to obtain fulfillment of his demands in the form of compensation for a sum of money because he is arrested, detained, prosecuted or tried without any reason based on the applicable law or because of an error regarding the person or the law he applies Data collected through several references, reading books, which is then processed by several stages, namely editing, namely re-examination of all data that has been obtained. Organizing, namely compiling and systematizing the data that has been obtained, and analyzing, namely analyzing the data that has been collected, using the Descriptive Analysis Method. Furthermore, it concludes and is analyzed from the point of view of positive law in Indonesia.   Keywords: Rehabilitation, Compensation
TINDAK PIDANA KORUPSI PENYALAHGUNAAN WEWENANG MUHAMAD DLUHA
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.29

Abstract

Abstract Corruption crime has a very broad scope into 7 types, namely state financial losses, bribery, bribery, abuse of office/authority, extortion, fraudulent acts, conflicts of interest and gratuities. Corruption is an extraordinary crime, so the threat of criminal sanctions is very heavy. The problems studied in this study and their objectives can be formulated firstly to determine the provisions on abuse of authority in corruption crimes regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes (UUPTPK) and secondly to find out criminal sanctions against perpetrators of corruption in the abuse of authority in the UUPTPK mentioned above. Based on the formulation of the problem and research objectives, the method used in this research is normative juridical, namely by reviewing legislation, legal theories related to the problems discussed and based on their nature using descriptive analytical methods is research that clearly describes and pay close attention to the matters in question. The results of the research in this thesis, firstly, the provisions on abuse of authority in criminal acts of corruption are clearly regulated in Article 3 of Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption (UUPTPK) and the two criminal sanctions against perpetrators of corruption in abuse of authority are life imprisonment or imprisonment for a minimum of 1 (one) year and a maximum of 20 (twenty) years and or a minimum fine of Rp. 50,000,000 (Fifty Million Rupiah) and a maximum of Rp. 1,000,000,000.00 (One Billion Rupiah).
PENYELESAIAN KREDIT MACET AKIBAT DEBITUR WANPRESTASI DI BRI UNIT KRAKSAAN PROBOLINGGO MOHAMMAD HENDRA
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.30

Abstract

Abstrack Banks play a role as channeling funds for developing business activities and it is hoped that these businesses can strengthen the country's economy and support national development. Article 1 number 2 of Law Number 10 of 1998 concerning Banking. The problems studied in this study and the aim is to find out the terms and procedures for granting credit to the Probolinggo branch of kraksaan unit. And to find out the efforts made by the Probolinggo branch of the Kraksaan unit against bad loans due to default debtors. Based on the formulation of the problem and the objectives of this study, the method used in this study is the empirical juridical method using a case approach. The results of the study show that the main requirements include information on licensing data, financial data, and financial reports. Default resolution efforts include rescheduling, reconditioning, restructuring). Further settlement is carried out if the debtor defaults with immovable collateral with Mortgage installed and movable collateral with fiduciary guarantees. If there is no Mortgage or Fiduciary Right, then the BRI Kraksaan Unit will file a simple lawsuit at the Kraksaan District Court in accordance with Perma No. 4 of 2019 for Amendment to Perma No. 1 of 2015. And the auction proceeds as payment for the remaining outstanding achievements. Keywords: Bad Credit, Default
PERALIHAN HAK ATAS TANAH WARIS KEPADA AHLI WARIS SAAT AKAN DILAKUKAN JUAL BELI ABDUR ROHIM
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.31

Abstract

Abstract Transfer of land rights according to positive law in Indonesia, namely property rights according to civil law. The property rights are in accordance with the provisions of the conversion in the UUPA into the transfer of land rights according to government regulations. Article 37 paragraph (1) Number 24 of 1997.Based on this, what needs to be discussed in this study is the mechanism for the transfer of land rights that can be carried out under the hands of the two bases for the transfer of land rights when buying and selling transactions are carried out under the hands can be used as evidence of the transfer of land rights according to positive law in Indonesia. This study uses a normative juridical research type using a conceptual approach to legislation. Then assisted by legal materials used, namely Primary and Secondary legal materials which are described, described, and analyzed in relation to each other.1961, especially in Article 1 of the Minister of Agrarian Regulation Number 11 of 1961 concerning the form of a deed which explains that every transfer of land rights must be made with an official deed (PPAT). Second, the transfer of land rights carried out under the hands before the enactment of PP Number. 24 of 1997 can be used as evidence of the transfer of land rights in accordance with the provisions of Article 24 concerning proof of the old rights of PP Number. 24 of 1997 concerning land registration. However, if the transfer of land rights is carried out after the enactment of government regulations Number. 24 of 1997, the transfer must be proven by the PPAT Deed. Keywords: Transfer of Inherited Land Rights

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