Jurnal Smart Hukum (JSH)
Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.
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135 Documents
<![CDATA[Pembatalan Sertifikat Hak Atas Tanah Akibat Kelalaian BPN dan sebagai Pelaksana Putusan Pengadilan ]]>
<![CDATA[MHD. Arfan Marjawi Lubis]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
Publisher : <![CDATA[Inovasi Pratama Internasional. Ltd ]]>
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DOI: 10.55299/jsh.v1i1.141
<![CDATA[This study aims to determine the factors that resulted in the cancellation of land title certificates, the juridical consequences of procedural errors in certificate research by the Medan Administrative Court, and the judge's consideration/decision on the cancellation of land rights certificates. This study uses a descriptive method through a normative approach (legal research) to obtain secondary data and an empirical approach (juridical sociological), to obtain primary data through field research (field research). The factors that resulted in the cancellation of the certificate of title to land were due to defects in administrative law and court decisions. Cancellation of the certificate of ownership of land can result in nullification, null and void and can be canceled. The results of the study indicate that the legal certainty of land rights certificates on the implementation of court decisions that have permanent legal force by permanent decisions cannot provide legal certainty to rights holders. Because with the negative publication system, there is still an opportunity to file a lawsuit/dispute on state administration by other parties. In this case, the court's decision to cancel the certificate does not automatically become invalid, because the cancellation must still be carried out by the National Land Agency. For this reason, it is necessary to have rules in the administration of land that can be a legal umbrella in providing certainty of rights to objects of land rights that have been disputed in the judiciary and have permanent legal force and the need to apply sanctions for land officers who are negligent in carrying out procedures.]]>
<![CDATA[Analisis Yuridis Lelang Penjualan Barang Jaminan Akibat Debitur Wanprestasi dalam Perjanjian Kredit ]]>
<![CDATA[Sri Suryada Br. Sitorus]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.142
<![CDATA[The existence of the imposition of Mortgage on banks can be a security for bank credit. The formulation of the problem in this journal is how the legal arrangements for credit agreements with mortgage guarantees are carried out, how is the execution of the auction of collateral or collateral in the credit agreement, how are legal considerations by judges in the execution of the debtor's credit collateral auction in the Decision of the Supreme Court of the Republic of Indonesia Number 1316 K/Pdt /2018. This study uses a descriptive method through a normative approach (legal research) to obtain secondary data. The collected data will be analyzed carefully using qualitative analysis or described in sentences. Legal protection for land certificate holders in the promises contained in the Deed of Granting Mortgage as referred to in Article 11 paragraph (2) UUHT. Regarding guarantees, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles stipulates that property rights, cultivation rights, and building use rights can be used as debt guarantees with encumbrances of Mortgage Rights. For the execution of the debtor's default settlement through execution, among others: 1. Execution through underhand sales 2. Parate execution, 3. Execution based on executorial title. The legal consideration by the judge in the execution of the auction of credit collateral belonging to the debtor in the Decision of the Supreme Court of the Republic of Indonesia Number 1316 K/Pdt/2018 is that the plaintiff as the Debtor has a credit debt to Defendant I/Bank Danamon (Creditor) by submitting collateral for the Certificate of Ownership Number 3088 on behalf of the Plaintiff and as a result of the debtor defaulting so that in order to pay off the debtor's debt, the creditor can take from the proceeds of the auction sale of the collateral goods submitted by the plaintiff as the debtor based on the power of attorney to sell the auction from the plaintiff.]]>
<![CDATA[Optimalisasi Fungsi Pengawasan DPRD Terhadap PERDA di Kabupaten Padang Lawas Utara ]]>
<![CDATA[Yahya Sentosa]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.143
<![CDATA[Supervision of the implementation of regional regulations has an important meaning. The party that plays a role in supervision at the regional level is the DPRD. This study aims to determine the regulation of the Regional House of Representatives in implementing the law, position and function based on Law Number 23 of 2014 concerning Regional Government, to analyze and find out the Regional Regulations of North Padang Lawas Regency concerning Regional Levies, to analyze and determine the supervision of the House of Representatives. North Padang Lawas Regional People Against North Padang Lawas Regency Regional Regulation Number 12 of 2010 concerning Regional Levies. This study uses a normative juridical and empirical juridical method with a legal approach and a conceptual approach. The regulation of the position and function of DPRD in Law No. 23 of 2014 is as a regional legislative and executive. The implementation of the North Padang Lawas Regional Regulation Number 12 of 2010 concerning Regional Levies has not played a sufficient role in increasing the APBD. In order for the collection of regional retributions to be realized properly, the North Padang Lawas Regency Regional Regulation No. 12 of 2010 was amended with the North Padang Lawas Regency Regulation No. 3 of 2020. Supervision of the Padang Lawas DPRD against the North Padang Lawas Regency Regional Regulation Number 12 of 2020 concerning Regional Levies aims to understand what went wrong for future improvement and direct all activities in the context of implementation rather than a plan so that maximum results can be expected. Its essence helps that targets can be achieved early to avoid the occurrence of irregularities, abuse of authority, waste and leakage of development funds.]]>
<![CDATA[Pengawasan PERDA Kabupaten Labuhan Batu No.2 Tahun 2020 tentang Pertanggung Jawaban Pelaksanaan APBD ]]>
<![CDATA[Abdul Karim Hasibuan]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.144
<![CDATA[Supervision of the implementation of regional regulations has an important meaning. The party that plays a role in supervision at the regional level is the DPRD. The formulation of the problem in this research is how is the supervisory system for the Labuhan Batu Regency Regulation No. 2 of 2020, how is the supervisory authority of the Labuhan Batu Regency Regulation No. 2 of 2020 concerning Accountability for the Implementation of the Regional Revenue and Expenditure Budget, how are the obstacles to implementing APBD supervision by the Regional People's Representative Council Labuhan Batu Regency and efforts to overcome it. This study uses a descriptive method through a normative approach (legal research) to obtain secondary data. The collected data will be analyzed carefully using qualitative analysis or described in sentences. The supervision of the Labuhan Batu Regency Regional Regulation No. 2 of 2020 concerning Accountability for the Implementation of the Regional Budget carried out by the Labuhan Batu DPRD has been running optimally. The strict supervision process carried out by the DPRD will have a positive impact on the APBD in Labuhan Batu Regency. The supervisory authority of the Labuhan Batu Regency Regional Regulation No. 2 of 2020 concerning Accountability for the Implementation of the Regional Budget is through unscheduled monitoring in accordance with developing needs. The results of the study show that the obstacles to implementing APBD supervision by the Labuhan Batu Regency DPRD are internal obstacles, namely the lack of expertise of DPRD members in certain fields that are the object of supervision, DPRD Human Resources who lack the ability, communication that is not in line with other factions.]]>
<![CDATA[Perspektif HTN terhadap Penerapan PP No. 21 Tahun 2020 tentang PSBB Di Kabupaten Paluta ]]>
<![CDATA[Ali Wardana Pohan]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.145
<![CDATA[The spread of Covid-19 is increasing which has an impact on the economy, social, security and welfare of the community. The problem to be studied is how the substance of PP no. 21 of 2020 in terms of Law no. 12 of 2011 concerning the Establishment of Legislation, and its legal implications for the implementation of PSBB for a region. This type of research is normative juridical, namely research based on law and empirical juridical, namely by conducting interviews. Based on the results of the study, regarding the substance of PP No. 21 of 2020 in terms of Law no. 12 of 2011 is not in accordance with the principle of the formation of laws and regulations. PP No. 21 of 2020 as the Implementing Regulation of Law no. 6 of 2018 concerning Health Quarantine is only a reduplication of Law no. 6 of 2018. The implementation of the law regarding the application of PSBB for an area in the context of implementing the policy to accelerate the handling of Covid-19 in North Padang Lawas Regency is the restriction of population activities in an area as stated in the North Padang Lawas Regent's Instruction Number 7 of 2022 concerning the Enforcement of Restrictions Community Activities. Level 2 and Optimization of the Covid-19 Handling Command Post at the Village and District Levels to Control the Spread of Covid-19 in North Padang Lawas Regency.]]>
<![CDATA[Penerbitan PERPPU Penanganan Pandemi Covid-19 sebagai Hak Prerogatif Presiden dalam Perspektif HTN ]]>
<![CDATA[Marasutan]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.146
<![CDATA[The President is the highest state government administrator and in carrying out state government the power and responsibility are in the hands of the President. The formulation of the problem in this study is how the President's prerogative is to issue government regulations in lieu of the law on handling the Covid-19 pandemic, how is the President's power in issuing PERPPU for Handling the Covid-19 Pandemic, and the position of the Covid-19 PERPPU in the HTN Perspective. This study uses a descriptive method through a normative approach (legal research) to obtain secondary data. The collected data will be analyzed carefully using qualitative analysis or described in sentences. The President's prerogative to issue a PERPPU for handling Covid-19 is contained in Article 22 paragraph (1) of the 1945 Constitution after the amendment which contains provisions on PERPPU which is the President's authority to issue it. The President has the authority to issue a PERPPU in the event of a compelling urgency in an urgent or emergency situation according to the president's own interpretation. PERPPU in "concerning matters of urgency", the process of its formation is different from the formation of a law. Article 22 of the 1945 Constitution of the Republic of Indonesia explains that in fact PERPPU is a "noodverordeningsrecht" of the President. Which means that there is the right of the President to regulate in a compelling emergency. This article provides an understanding that PERPPU has the same hierarchy, function and content as the law, only in its formation it is different from the law. In addition, PERPPU is a type of legislation that uses its own name to distinguish Government Regulations, not as a substitute for Law]]>
<![CDATA[Pendaftaran Tanah Yang Tidak Memiliki Alas Hak Melalui Pendaftaran Tanah Sistematis Lengkap ]]>
<![CDATA[Novida Rolianika Sitompul]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.147
<![CDATA[The mechanism for registering PTSL for land that does not have welding rights is with a replacement letter for title in the form of PSPFBT to facilitate the acceleration of land registration by no longer requiring the land owner to attach a title certificate in the form of a Land Certificate, but only by being proven by PSPFBT The strength of physical and juridical data on the process of registering land rights in South Tapanuli based on the Minister of Agrarian and Spatial Planning of the Republic of Indonesia Number 6 of 2018 concerning PTSL is to provide legal certainty for land owners which gives a sense of security to the owner. Physical data and juridical data are evidence in the eyes of the law regarding the ownership of Rights to a piece of Land to be certified. Proof of physical data based on juridical data provided by the applicant where later the juridical data adjustment will be carried out by checking in the field, and the process of resolving land rights disputes on a plot of land registered by two people in Gianyar Regency based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning of the Republic of Indonesia Number 6 of 2018 Settlement of disputes that can be resolved through non-litigation, problem solving without going through legal channels, namely by calling the two parties concerned to the BPN office for deliberation, if in mediation there are no problems, they will not take the court route.]]>
<![CDATA[Fungsi Legislasi DPRD Kabupaten Paluta Dalam Penetapan PERDA APBD Kabupaten Paluta ]]>
<![CDATA[Sahbana Iwan Hasibuan]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.148
<![CDATA[APBD is a regional financial management plan that is determined every year, approved by the Regional Government and DPRD and stipulated by a Regional Regulation. The APBD is a guideline for the Regional Government in carrying out regional revenues and expenditures. The formulation of the problem in this study is how the position and function of the DPRD of North Padang Lawas Regency in determining the Regional Regulation on APBD, implementation and obstacles in the legislative function of the DPRD of PALUTA Regency in determining the Regional Regulation of the Regional Budget of PALUTA Regency. This study uses a descriptive method through a normative approach (legal research) to obtain secondary data. The position and function of the Paluta Regency DPRD in the stipulation of the Regional Regulation on the APBD is as an element of the organizer of the PALUTA Regency Government. The DPRD is domiciled parallel to the Regional Government, can form a Regency Perda together with the Regional Head then discuss and give approval to the draft regional regulation regarding the Regency APBD submitted by the Regional Head of the PALUTA Regency. Barriers to the Legislation Function of the PALUTA Regency DPRD In setting the Regional Budget, the quality factor of the human resources of the PALUTA Regency DPRD members who have different educational backgrounds is that some are qualified and some are not. Less than optimal involvement of the community/stakeholders in the process of drafting and forming Regional Budgets. Suboptimal socialization and publications, both in the process of preparation and preparation, at the level of the institutions forming Regional Regulations, as well as after being ratified and promulgated for implementation. The last obstacle is that the process of forming a regional regulation must consider many factors, frictions, and interested parties are involved in making the process of drafting a regional regulation take longer.]]>
<![CDATA[Penyelesaian Wanprestasi Perjanjian Kredit Dengan Jaminan Hak Tanggungan ]]>
<![CDATA[Sutan Ahmad Sayuti Hasibuan]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.149
<![CDATA[To further secure the funds distributed by the bank (creditor) to the borrower (debtor), security is needed in the form of a guarantee. The collateral that is widely used is land security based on the consideration that land is the safest and has a relatively high economic value. The formulation of the problem in this study is how the legal arrangements for credit agreements with mortgage guarantees at the Kusuma Arta Jaya savings and loan cooperatives occur, if there is a dispute how to resolve them and how are the legal considerations of the judges in the credit agreement with guaranteed mortgage rights at the Kusuma Arta Jaya savings and loan cooperatives in Decision No. 3209 K/Pdt/2020. The method used is normative juridical with a law approach and a case approach. The legal arrangement for credit agreements with mortgage rights is Article 6 of Law no. 4 of 1996 concerning Mortgage Rights. Settlement of disputes in credit agreements with mortgage guarantees at Kusuma Arta Jaya savings and loan cooperatives is to first take several approaches to customers such as billing by telephone or visiting the debtor's house to ask for his achievements. The bank will execute the mortgage object by auctioning the mortgage object through the KPKNL or selling it under the hands of the bank's agreement as the creditor with the debtor. The results showed that the judge's legal considerations in the credit agreement with guaranteed mortgage rights at the Kusuma Arta Jaya savings and loan cooperative in the Supreme Court's Decision Number 3209 K/Pdt/2020 were the debtor had not paid or had stopped paying his credit installments and had 3 (three) ) times giving a written warning letter to the debtor.]]>
<![CDATA[Tinjauan Yuridis Dalam Upaya Menanggulangi Tindak Pidana Asusila Yang Dilakukan Anak Dibawah Umur ]]>
<![CDATA[Anisa Fitri]]>;
<![CDATA[Mahzaniar]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.150
<![CDATA[In writing this thesis the author discusses the juridical review in an effort to overcome immoral crimes committed by minors. This is motivated because the author feels the importance of protecting children in legal matters. On the basis of looking at the condition of the surrounding environment and the circumstances in which the violation of this law is increasingly rampant. This study aims to find out about how the process of tackling immoral crimes against children as the next generation. This research was conducted in Deli Serdang Regency by choosing an agency that has a connection with this problem having its address at the Lubuk Pakam District Court Class I-A Jl. General Sudirman No. 58 Lubuk Pakam, Postal Code: 20512, North Sumatra. The type of research used is juridical research, namely legal research conducted based on norms and rules and legislation, especially those relating to the implementation of Law no. 35 of 2014 concerning Child Protection. The results of the study discuss the factors that cause immoral crimes in children, namely family factors, environmental factors, educational factors and social media technology development factors. Completion of cases of judges' decisions on perpetrators of immoral criminal cases. Efforts made in tackling immoral crimes against children, namely legal counseling are very important, given that in general criminals are criminals. In particular, immoral crimes against children are the level of legal awareness is still relatively low, so that with this outreach activity, it is hoped that they can understand and realize that immoral crimes against children are unlawful acts and harm the community, which are threatened by law. Then repressive efforts in tackling immoral crimes against children. The repressive action is carried out by arresting and legally processing the perpetrators of immoral crimes against children in accordance with applicable legal regulations.]]>
