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INDONESIA
i-Latinnotary Journal: Internasional Journal of Latin Notary
Published by Universitas Pasundan
ISSN : -     EISSN : 27466159     DOI : https://doi.org/10.55904/journal.v2i1
Core Subject : Humanities, Science, Education, Social,
Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
Articles and research reports are written by academicians, researchers, or students who are experts on its field like Social Work, Sociology, Law, Education, Public Administration, Business Administration, Communication, International relations, Management, Culture and Art, Anthropology, History, Women Studies, Hospitality, and Tourism. etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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JURIDICAL ANALYSIS OF DEBT COLLECTIONS TOWARDS DEFAULT DEBTOR WHICH DEBT HAS MATURED AS THE TIME WHEN THE DEBT ACKNOWLEDGMENT LETTER HAS NOT ENDED Tommy Leonard; Elvira Fitriani Pakpahan; Helen Jennyver Yang
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.39

Abstract

One of the forms of trust between one individual with the others is by making a mutual agreement that is outlined in a written agreement. In the process of it, there are certain conditions that might result in the termination of the agreement as there is default in the written agreement. One of the forms of written agreement that has been stated is debenture note. As if the case of Supreme Court Decision No. 3051/K/Pdt./2017 pertaining to creditor collect debt towards debtor in which the debtor has been negligent and not able to settle the debt throughout 3 (three) months successively as the debt acknowledgment letter has not ended with the result that creditor accuse the debtor to be seized its collateral. Research Methodology that is being used is, juridical normative law research methodology. Inasmuch as juridical normative law research methodology therefore sources and types of data focused on secondary data. Through this research it can be concluded that, debt acknowledgement letter that is made under consideration of Supreme Court Judge is not based on when is the end of the acknowledgement letter, but it is more to the substance of the contents of the debt acknowledgement letter which is the primary essence of the birth of its debt recognition, where both sides agreed the debt shall be collected immediately for 3 (three) months successively.
CRIMINAL LIABILITY OF MEDICAL RESPONSIBILITY IN HANDLING OF PATIENTS WITH GASTROINTESTINAL DISORDERS OK Isnainul; Mulyadi Mulyadi; Idwan Harris Siahaan
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.40

Abstract

Errors that can occur in medical actions from medical personnel include gastrointestinal handling. Gastrointestinal is commonly found in the intensive care unit (ICU). Errors or omissions are an essential element to determine whether or not a person can be sentenced to a crime, as well as in medical malpractice actions, it is largely determined by the presence or absence of negligence or errors of medical personnel in carrying out medical actions against patients, both professionally and legally. The purpose of the study was to analyze “Criminal Liability of Medical Personnel who are Negligent in Handling Patients with Gastrointestinal Disorders”. The results of the study obtained: 1) Criminal provisions against medical personnel who are negligent in handling patients with gastrointestinal disorders are regulated in Article 51 of the Republic of Indonesia Law Number: 29 of 2004 concerning medical practice, where a medical worker is obliged to provide assistance on a humanitarian basis. Looking at these provisions, it can be seen that the medical profession requires special competence and authority because the actions taken contain considerable risks. Medical personnel in carrying out medical procedures already have service standards that serve as guidelines and guidelines that apply to all medical personnel. If the standard is not implemented or implemented but is not in accordance with the required average standard, in the sense of ignoring the obligations stipulated by the applicable laws and regulations and the code of ethics of the medical profession, then it can be said as an error in the form of culpa or negligence. 2) Criminal liability of medical personnel for negligence in handling patients with gastrointestinal disorders is a criminal act by which, of course, can be subject to criminal provisions or sanctions. Criminal provisions that can be applied to medical personnel who are negligent in providing treatment to patients with gastrointestinal disorders are regulated in the general criminal provisions of Articles 267, 299, 304, 322, 344, 346, 347, 348 and Article 349 of the Criminal Code, which includes acts of a deliberate nature. As for what includes negligence, it is stated in Article 359, Article 360, and Article 361 of the Criminal Code, 3) The rights of health workers to the demands of patients with gastrointestinal disorders have been regulated through laws and regulations, namely Article 11 paragraph (1) of the Republic of Indonesia Law Number: 36 of 2014 concerning Health Workers and Article 50 of the Republic of Indonesia Law: Number 29 of 2004 concerning Medical Practice.
LEGAL RESPONSIBILITY OF VACCINE PROVIDER ON THE IMPACT OF POST IMMUNIZATION FOLLOWING EVENT (AEFI) AFTER VACCINATION Willy Tanjaya; Tommy Leonard; Leonardus Mirzal Lumban Gaol
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.41

Abstract

Health has a broad meaning and dimension according to the definition according to WHO and the Health Law, namely a healthy state which includes physical, mental, spiritual and social aspects and can be socially and economically productive. This shows that a person's health status is not only measured from physical and mental aspects, but is also assessed based on social or economic productivity. In early 2020 the world was shocked by the outbreak of a new virus named by the World Health Organization (WHO) Severe Acute Respiratory Syndrome Coronavirus-2 and the name of the disease as corona virus disease 2019 (Covid-19). One way to suppress its growth rate is that the Central Government will take action to vaccinate people in Indonesia so that the spread of the Covid 19 virus does not increase. However, Recently, there have been several reports related to the administration of vaccines with the type of vaccine that experiences a lot of Post-Immunization Adverse Events (AEFI) such as fever, chills, headache, and body aches and weakness. For the impact of the AEFI, the public often blames health workers and even accuses them of medical malpractice In the implementation of the COVID-19 vaccination, it is also obligatory for every citizen to vaccinate. Regulation of the Minister of Health of the Republic of Indonesia Number 10 of 2021 concerning the Implementation of Vaccination in the Context of Combating the 2019 Corona Virus Disease (Covid-19) Pandemic Article 46 Paragraph (1), Paragraph (2), and Paragraph (3) then the government has legal responsibility, if the vaccine organizers follow the Operational Standards that have been established.It is recommended to the central government in issuing new rules related to the handling of Covid 19 and the implementation of vaccinations must be in line with and must not conflict with existing laws and regulations, especially regarding Human Rights (HAM) and the rights of citizens to determine systems and procedures. ways to maintain their health in a responsible manner, including vaccination, which should be one of the choices in health care society and not to be forced.
FREEDOM OF CONTRACT IN MORTGAGE LOAN AGREEMENT AT PT. BANK CIMB NIAGA, TBK. IN MEDAN Tommy Leonard; Elvira Fitriyani Pakpahan; Kevin Alexander
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.42

Abstract

In a credit agreement, the position of the bank as a creditor and the customer as a debtor is never balanced. The position of the bank is stronger than that of potential customers. Whereas freedom of contract can only achieve justice if the parties have a balanced bargaining power. Unbalanced bargaining power occurs when a strong party can impose his will on a weak party, until the weak party only follows the terms of the contract proposed to him. Given that in the credit agreement there has been a contractual relationship and the clauses tend to favor the bank as the creditor, in a credit agreement, mostly for debtors its only a take it of leave it option, so that the opportunity to negotiate as an initial process of obtaining an agreement is small and even neglected. The research is used a empiric juridical legal research method. Data sources from the research were derived from secondary data consisting of legal materials and legal documents that became the basic foundation for answering problems in this study. The results of this study revealed that the completion of defaults in the mortgage loan agreement can be made before it is executable. Settlement of the default can be done by reschedulling, re-requirements and rearrangegement.
EFFECTIVENESS OF REGISTRATION OF MICRO AND SMALL BUSINESS LIMITED LIABILITY COMPANIES AFTER THE ENTRY INTO FORCE OF GOVERNMENT REGULATION NUMBER 8 OF 2021 Heriyanti Heriyanti; Elvira Fitriyani Pakpahan; Lenny Maria Aritonang
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.43

Abstract

The government established a Draft Law cipta Kerja has the aim of making it easier for businesses in Indonesia to set up their businesses.This draft law is one of the urgency that is expected to be a barometer increase in the business world where Indonesia is still fifth in ASEAN.This is what makes the government always make regulations so that the community is easier in setting up its business, especially for Micro and Small Businesses.The Work Copyright Bill contains many additional rules, especially those related to the founder of a business entity.One of the things that is considered by the government to facilitate the community in setting up a business is by forming a new type of business entity, namely Individual Limited Liability Company (Micro and Small Business) that can be established only by 1 (one) person.With the hope that it can make it easier for businesses, especially micro and small businesses in setting up their businesses by facilitating the terms and minimizing capital.
THE EFFICACY OF WAQF LAND DISPUTE SETTLEMENT THROUGH NON-LITIGATION MEDIATION Islamiyati Islamiyati; Rofah Setyowati; Dewi Hendrawati; Aisyah Ayu Musyawah; Ahmad Rofiq
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.44

Abstract

In Indonesia, rapid expansion of waqf land had great impact on the waqf dispute that had to be resolved. Waqf dispute might be settled through consensus and mediation. In fact, it showed that waqf dispute settlement through mediation was ineffective because it was not based on appropriate mediation principle. This study would find out and analyze the problems in waqf dispute settlement through mediation based on the perspective of the efficacy of law theory in Central Java. Sociolegal research with empirical juridical approach was used as the research method, primary and secondary data were the data needed, while the analysis was done qualitatively. The result of the study showed that, based on efficacy of law theory, waqf dispute settlement through mediation outside the court had been ineffective, because it had some problems in; legislation formal juridical, law enforcement institutional, media or facility on law enforcement human resources, society compliance on the law, and legal culture customary law in society. The efficacy of waqf dispute settlement through mediation outside the court was settled through an innovation on the field of regulation, institution, human reources, and legal culture, in order to get fair and thorough settlement on the waqf dispute in society.
THE LOSS OF CREDITORS’ DROIT DE PREFERENCE (PRIORITY PRINCIPLE) DUE TO DEBTOR’S CORRUPT OFFENSES Habib Adjie
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.45

Abstract

Creditors, as mortgage holders, are also entitled to the preeminent status of security in accordance with Droit de Preference as stated in the last sentence of Article 1 number 1 of Mortgage Law (UUHT), which gives priority to certain creditors over others. This mortgage characteristic is also mentioned in the last sentence of Article 20 paragraph (1) letter b, which stated that mortgage holders have privilege rights over other creditors. However, this status is disintegrated, assuming the debtors are involved in a corruption offense because their property becomes confiscated by court order despite being guaranteed to the creditor. Therefore, this condition fails to prioritize the Droit de Preference of the creditors with the implementation of the confiscation state, which needs to take precedence. In Article 19 paragraphs (2) and (3) of Law No. 31 regarding Eradication of Criminal Acts and Corruption, the legal remedy provided for creditors is only by submitting an Objection Letter to the court that imposed the confiscation without suspending the court's ruling. Such regulations tend to injure the goodwill creditors as well as abolish Droit the preference ability to provide legal protection and certainty toward creditors’ rights.
LEGAL STATUS OF LAND RIGHTS CONTROLLED BY BUDDHIST RELIGIOUS FOUNDATIONS IN MEDAN CITY Michelle Amanda Esitria Sumampow; Elvira Fitriyani Pakpahan; Kartina Pakpahan; Ramon Nafrial; Made Adhiguna Samvara
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.46

Abstract

The purpose of this study is to analyze the mechanism in the process of ownership of the property rights on the foundation land, as well as the factors that obstruct the process of ownership of the property rights on the foundation land, and to analyze the legal remedies available to a foundation so that land owned by the foundation but certified in the name of an individual can be changed to the foundation's name. The approach used was the juridical-empirical method, which is legal research carried out by combining a juridical legal approach with empirical elements. Literature review and interviews were employed as data collecting or processing techniques in this study. The research results obtained are based on Law 28 of 2004 concerning Amendments to Law 16 of 2001 on Foundations at ensuring greater legal certainty and order. Therefore, the Management of the Buddhist Religious Foundation in Medan City is required to continue the process of transferring for rights or applying for rights at the National Land Office in an orderly manner. Based on Government Regulation No. 18 of 2021 on Right to Manage, Land Rights, Multi-story Housing Units, and Land Registration in Article 87 Paragraph 1, "Systematic Land Registration". As a result, Buddhist Religious Foundations can conduct Land Registration in line with the applicable legislation. Based on the Decree of the Directorate General of Buddhist Community Guidance No. 323 of 2017 on Registration of Buddhist Religious Institutions so that Buddhist Religious Foundations can be independently registered to the Ministry of Religious Affairs through the Organization and Houses of Worship Information System (SIORI) on the website: https://sioribuddha.kemenag. go.id/.
The application of the services of the social security administration agency in Hospitals in the perspective of the national social security system Wiwin Triyunarti; Rukmana Amanwinata; I Gde Pantja Astawa
International Journal of Latin Notary Vol. 3 No. 01 (2022): Internasional Journal of Latin Notary, September 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i01.47

Abstract

The relationship between the parties is a relationship based on law. Social security must cooperate with hospitals. Social security participants can use these hospitals under a tiered referral system, except in emergencies. This research examines the law conceptualized as norms or rules that apply in society by using a juridical approach through a statutory procedure, historical method, philosophical approach, and futuristic approach. Sources of data obtained using literature studies this literature study is carried out to find secondary data related to conceptions, theories, and opinions related to the problem under study. From the research, the state guarantees all cost difficulties, improves health services, and improves health status by implementing Universal Health Coverage. The ease of the treatment process using insurance is considered a significant benefit as a manifestation of the mandate of the Constitution. The guarantee of health costs for the community is realized in health financing. The government can also control the quality and cost of health organized by hospitals considering the impact received by the community as service recipients.
Fraus legis in land ownership conducted by foreign citizen in perspective of Indonesian land law Rima Komariah; Djuhaendah Hasan; Siti Rodiah
International Journal of Latin Notary Vol. 3 No. 01 (2022): Internasional Journal of Latin Notary, September 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i01.48

Abstract

Indonesia has a close relationship with the earth, water, space, and the natural wealth contained therein, so the land tenure hierarchy in Indonesia places the nation's rights in the highest order. Based on the concept of the nation's rights, only Indonesian citizens are allowed to have full relations with the territory of Indonesia, while foreigners are not allowed. In practice, foreign nationals have abused their rights so that they can have land rights in the form of property rights in which there is a law smuggling action. One of the problems that arise is the recognition of ownership of land rights in the form of islands by foreign citizens. The purpose of this research is to analyze the ownership of land rights by foreign nationals associated with the abuse of rights by foreign nationals, the ownership of land rights in the form of islands by foreign nationals in the Indonesian land law system is associated with the right to control by the state and the concept of land rights. land in the form of islands in the Indonesian land law system. This research uses secondary data which is arranged in a systematic, comprehensive, and integrated manner to achieve clarity of the problem to be discussed. The results of the study show that foreign nationals can have land rights in the form of usage rights and rental rights. This policy is given the embodiment of the principle of justice. but is not allowed to have land rights in the form of property rights. In practice, there are many cases of abuse of rights by foreign nationals which are legal smuggling carried out through marriage, rental agreements with irrelevant terms, and control of usufructuary rights over a land area that violates the rules. The state's right to control land originates from the Indonesian nation's right to land. The state can grant land rights to foreign nationals as long as the land has not been granted other land rights.

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