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International Journal of Law Society Services
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 27758885     DOI : http://dx.doi.org/10.26532/ijlss
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
IJLSS, particularly focuses on the main problems in the development of the sciences of community services areas as follows: 1. Community Services, People, Local Security; 2. Training, Marketing, Design; 3. Community Empowerment, Social Access; 4. Student Community Services; 5. Border Region, Less Developed Region; 6. Education for Sustainable Development.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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Notary Responsibilities Who Participated in the Certificate Embezzlement Crime Anita Widyaningrum Budi
International Journal of Law Society Services Vol 3, No 1 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i1.33407

Abstract

This study aims to analyze: 1) The responsibility of a notary who participates in the crime of certificate embezzlement. 2) Juridical implications for deeds issued by notaries participating in the crime of certificate embezzlement The approach used in this study is a sociological-juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1). Responsibilities of Notaries who participated in committing the crime of certificate embezzlement in Samarinda City were sentenced to 3 months in prison. Notary MS was legally and convincingly proven guilty of committing the crime of participating in embezzlement and fulfilling the elements in Article 372 of the Criminal Code juncto article 55 paragraph 1 of the Criminal Code. This proves that notaries are not above the law, notaries are the same as ordinary people who must comply with laws and regulations. 2) The juridical implication of the deed issued by a notary who participated in the crime of embezzlement of certificates in Samarinda City, namely that the DA as the legal owner can apply for the cancellation of the deed of sale and purchase and certificates to the Court. The filing for annulment aims to maintain legal certainty and certainty of the rights to his land. The imposition of a criminal sentence against Notary MS does not necessarily mean that the deed in question becomes null and void by law.
The Protection on Notary in Criminal Cases Related to Authentic Fiduciary Deeds Mokhamad Hussain Adillah
International Journal of Law Society Services Vol 3, No 1 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i1.33408

Abstract

This research aims to find out and analyze the position of notaries in criminal cases related to the fiduciary deed they made and their legal protection. This study uses a sociological juridical approach. Data collection was carried out through interviews and literature study. Data analysis was carried out in a qualitative descriptive manner. This research shows that a notary in a criminal case related to a fiduciary deed he made can serve as a witness or perpetrator of a crime as stipulated in Article 35 of Act No. 42/1999 concerning Fiduciary Guarantees.participating in criminal acts (Article 55 of the Criminal Code), assisting perpetrators in committing crimes (Article 231 of the Criminal Code), making fake letters (Article 263 of the Criminal Code), providing false statements in authentic deeds (Article 266 of the Criminal Code), embezzlement (Article 372 of the Criminal Code), and fraud (Article 378 of the Criminal Code) which causes harm to other parties, the notary can be held criminally responsible.Legal protection for notaries in criminal cases related to the fiduciary deed he made namelyafter the issuance of the Constitutional Court decision No. 49/PUU-X/2012 namely the summons of a notary through the Notary Honorary Council according to Article 66 UUJN. In addition, notaries still receive protection from the rights and obligations of notary disobeying as referred to in Article 1909 paragraph (3) of the Civil Code and Article 322 of the Criminal Code.
The Building a Legal Culture of Awareness in Nitikan Village, Magetan District Denny Suwondo; Andri Winjaya Laksana; Arpangi Arpangi
International Journal of Law Society Services Vol 3, No 1 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i1.33429

Abstract

The Legal awareness of the community in Nitikan Village, Plaosan Subdistrict, Magetan Regency, East Java in particular, needs to be conveyed and information about the law or legislation to the community, in order to increase legal awareness in the community. The purpose of this research is to find out how the Law Awareness Village Community Development of Nitikan Village, Magetan Regency and to analyze the legal awareness of the community in Nitikan Village, Magetan Regency. This type of research is a juridical sociological approach, the method of juridical sociological approach is an approach method that describes a statement that exists in the research field based on legal principles, legal rules, on applicable legislation and has to do with the problems studied. The people of Nitikan Village do not know about the actions that are not permitted or about the penalties for using social media. There are still students who use social media to bully and use impolite words, which shows the lack of legal awareness of the community in using social media wisely. The high level of legal awareness in an area will lead to a civilized society. The community in Nitikan Village, Magetan Regency needs to be given a discourse related to trusted information provider sites and sites that should be avoided. Examining viral news and hoax information that is widely circulated in the community.
The Validity of Nominee Agreement Made Before a Notary Firdo Lingga
International Journal of Law Society Services Vol 3, No 1 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i1.33456

Abstract

The purpose of this study is to find out and analyze the legal consequences and validity of the nominee agreement made before a notary. The approach method used in this study is a normative juridical approach, namely by examining reading sources that are relevant to the research theme, including research on legal principles, legal sources, statutory regulations that are scientific theoretical in nature and can analyze the issues discussed. The results of his research are the validity of a nominee agreement (borrow name) that occurs in Indonesia, when viewed from the Civil Code in Article 1320 regarding the legal requirements of an agreement, precisely on the objective conditions, namely paragraph 4 does not fulfill the legal requirements of an agreement. So that a Name Borrow Agreement that occurs in Indonesia, if viewed from the applicable law, it can be seen that the agreement is said to be null and void. A notary may be subject to sanctions in the form of civil, administrative and ethical sanctions, as well as criminal sanctions for the legal consequences arising from the nominee agreement deed he made, as long as the elements for imposing sanctions are fulfilled. Notaries may be subject to sanctions in the form of civil, administrative and code of ethics sanctions. Keywords: Consequences; Nominee; Responsibility.
Land Official Responsibilities for Custody of BPHTB Payments Nanik Aritasari
International Journal of Law Society Services Vol 3, No 1 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i1.33455

Abstract

The community entrusts BPHTB taxes to PPAT due to the lack of tax literacy related to the method of calculation and payment procedures. This phenomenon raises the question, what is the legal responsibility of a PPAT who receives BPHTB tax deposits. Then, what is the procedure for depositing BPHTB taxes with PPAT. This study is a normative-empirical legal research with descriptive analysis. This research has concluded that the deposit of BPHTB tax payments to PPAT does not yet have legality in statutory regulations or the code of ethics of the notarial profession. PPAT has legal responsibility for carrying out tax payment deposit procedures. Violations or negligence in the process of collecting, reporting or depositing BPHTB can result in criminal, civil, administrative or code of ethics sanctions against PPAT. The stages of the procedure for depositing BPHTB tax payments by PPAT in Karanganyar Regency are: (a) the Taxpayer (client) submits an application to the PPAT; (b) The taxpayer provides a power of attorney to the PPAT to entrust BPHTB tax payments; (c) PPAT performs BPHTB calculations based on information on selling and buying prices from the client; (d) Form filling and document checking as a condition for paying BPHTB taxes to the BKD Karanganyar; (e) BPHTB payments through mechanisms in online portals; (f) Payment verification; (g) PPAT makes a deed; (h) PPAT submits documents to BPN for certificate numbering.
Contribution of Cash Waqf in Improving Programs in the Field of Education (Study at International Islamic University (IIUM Endowment Fund) Malaysia) Arifani, Devina; Rozihan, Rozihan; Victoria, Ong Argo
International Journal of Law Society Services Vol 4, No 1 (2024): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v4i1.38139

Abstract

Waqf is a kind of charity whose rewards will flow even if the person who fulfills it has died. The benefits of the donated assets will still benefit the wider community, even if the waqif has died. When waqf is in the form of land and buildings, now you can donate online. Online waqf is a way of giving waqf by utilizing technology and the internet. The type given is cash waqf in the form of funds collected to build various public facilities and places of worship. Later, the funds that have been collected will be used to be distributed to charity projects and social activities that provide long-term benefits for the wider community, such as building mosques, orphanages, schools, hospitals, and so on. Distribution can be done on platforms that provide waqf facilities with payment methods via electronic transfer or online payment. So what is the law on online waqf? Most scholars believe the law is permissible. This is because in waqf, consent does not always have to be done directly. This means that the waqf remains valid, whether the consent and qabul are carried out face to face between the waqif and the nadzhir (waqf manager), or not in person. Most importantly, waqf must have a written agreement so as not to cause problems in the future. This is because waqf is long-term, even until the waqif dies. The waqf method is carried out by transferring a certain amount of funds to the waqf manager. After waqf, you will receive written evidence in the form of a waqf certificate issued by the waqf institution. Online waqf is one way of giving waqf that makes it easy for waqifs and nadzhir. Transactions can be done quickly without having to visit the waqf institution. As a result, digital waqf is said to be very economical in terms of costs and time. Apart from that, there are several advantages of doing online waqf, including: Wider Reach, More Efficient and Transparent, Ease of Choosing Waqf Programs and Wider Distribution.
Splitsing: As a Method for Resolving Teddy Minahasa’s Narcotics Case in Criminal Justice Investigations Romdoni, Muhamad; Abubakar, Aldestianah Putri; Nurtresna, Robby
International Journal of Law Society Services Vol 3, No 2 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i2.35039

Abstract

Deliberate narcotics crimes typically involve multiple perpetrators or are coordinated to incorporate an element of participation. This is due to the fact that these crimes are carried out in groups and each individual is assigned specific responsibilities in order to accomplish predetermined objectives. In order to identify the principal perpetrators of group crimes, the public prosecutor is compelled to segregate the case files for the purpose of examination. As a result, this article aims to gain a deeper understanding of the splitting mechanism, which is utilized to divide the files of multiple perpetrators. This research employed a normative juridical approach, which is based on cases and legislation, and utilized secondary data in the form of legal materials. The complete dataset, consisting of primary, secondary, and tertiary legal materials, was subsequently gathered and subjected to deductive analysis. The results of this study indicate that case file splitting (splitting) is the division of a single file containing multiple perpetrators' information so that the public prosecutor may divide the file into multiple files based on the number of defendants. This is done in an effort to clear up the case and expedite the judge's evidentiary process. The provision pertaining to the division of case files is outlined in Criminal Procedure Code Article 142. Inspector General of Police Teddy Minahasa and his associates investigated a narcotics trafficking case using the splitting method, which involves the separation of case files. This approach has demonstrated significant efficacy in upholding the principles of fast, simple, and low-cost justice.           
The Reflecting Back on the Role of the National Land Agency in Eradicating Land Mafia Lingga, Firdo
International Journal of Law Society Services Vol 4, No 1 (2024): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v4i1.38141

Abstract

Land mafia is a serious problem that can harm society and the country. As a serious problem, BPN, which is a state instrument in structuring national land law, is mandated to be able to play an active role in eradicating the land mafia. This is not yet visible, because land mafia cases continue to increase, including in the Kendari City area.The approach method used in this writing is a qualitative method. Based on the studies carried out, it can be understood thatThe implementation of BPN's role in efforts to eradicate the land mafia in Kendari City is currently not optimal, this is because BPN acted after there were complaints from the public regarding the existence of land mafia cases in the community. The legal obstacle is the absence of regulations regarding the criminal law enforcement process in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia. The next obstacle is the obstacle in the aspect of legal implementation which consists of internal and external obstacles. Internal constraints are constraints from the BPN institution. External obstacles are obstacles related to the legal culture in society regarding the eradication of the land mafia. 
People's Sovereignty in the Intertime Change of Members of The Indonesian Council of Representatives Sikumbang, Yudhia Perdana
International Journal of Law Society Services Vol 3, No 2 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i2.35232

Abstract

This journal discusses the role and implementation of the concept of people's sovereignty in the context of the intersection of members of the Indonesian People's Council of Representatives. (DPR-RI). The sovereignty of the people, as a fundamental principle in a democratic system, is the primary foundation in the process of the realization of the will of people through political representation. This journal specifically explores how people's sovereignty is reflected in the replacement mechanism of DPR-RI members over time. Through a legal and political analysis approach, the journal outlines the legal framework that regulates the process of replacement of members of the DPR-RI and identifies the factors that influence the successful implementation of people's sovereignty in that context. This research includes a study of the role of related institutions, such as political parties and the General Election Commission, inining integrity and representation in line with people's aspirations. The results of this study provide a deep understanding of the extent to which the sovereignty of the people is preserved and updated in the process of changing members of the DPR-RI over time. The implications of these findings can provide valuable insights for policy formulation, the development of democratic systems, and the strengthening of people's political participation in the Indonesian context
The Registration of Proprietary Land as a Result of Exchange for Village Cash Land Through a Complete Systematic Land Registration Program Ariyana, Ade Riusma
International Journal of Law Society Services Vol 4, No 1 (2024): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v4i1.38140

Abstract

Complete Systematic Land Registration (PTSL) is a land registration process for the first time, which is carried out simultaneously and includes all land registration objects that have not been registered in a village or sub-district area or other names at the same level. Land is not always located in strategic areas. There are several processes including land exchange.The aim of this research is to determine and analyze the process of registration of land ownership resulting from an exchange with village cash land through the PTSL program until the issuance of the certificate of ownership in Cilacap Regency; To find out and analyze what obstacles and solutions are faced by the Applicant, the Cilacap Regency Regional Government, and the Cilacap Regency Land Office in the Process of Registration of Ownership Land as a result of the Exchange with Village Treasury Land through PTSL until the issuance of the Ownership Certificate in Cilacap Regency.This research uses a sociological juridical type of research, the research specifications are descriptive, the data sources used by the author are primary data and secondary data. The results of this research areThe process of exchanging community land for village treasury land in Cilacap Regency is in accordance with applicable regulations, namely in accordance with the Cilacap Regent's Letter dated 22 December 2004 Number: 143/033/00. Meanwhile, the process of registering freehold land resulting from an exchange with village treasury land through the PTSL program in Cilacap Regency is in accordance with PTSL technical instructions Number 1/Juknis-100.Hk.02.01/I/2021 and has been completed until the issuance of the Ownership Certificate. The Petitioner and the Regional Government did not encounter any obstacles in implementing the Registration of Ownership Land as a result of the Exchange with Village Treasury Land through the PTSL Program until the issuance of the Certificate of Ownership in Cilacap Regency. Meanwhile, the obstacle faced by the Cilacap Regency Land Office is that the distance between the exchange process and land registration is very long, namely 18 years, which creates obstacles.

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