Garuda - Garba Rujukan Digital

Legal Analysis of the Application of Mediation in Civil Cases Between PT. Primadaya Sakti Against Defendants Related to Property Rights and Auction Process (Regulation No. 1259 / Pdt.G / 2024 / PN Dps) Gayo, Sabela
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 2 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i2.121

This article analyzes the decision of the Denpasar District Court related to property rights disputes and the auction process of assets owned by PT. Primadaya Sakti. Through normative juridical approach and Case Studies, a study was conducted on mediation procedures, the enforceability of surety seizures, asset auction processes, and the legal implications of these decisions in the context of property rights protection and Procedural and Substantive justice principles. This study aims to provide a comprehensive overview of the application of criminal and civil procedural law in civil cases involving property assets and auction activities by state institutions.

The Influence of Implementation of Internal Control to Quality of Services: The Influence of Implementation of Internal Control to Quality of Services Bunga Indah Bayunitri; Yunita, Hanny; Sukma, Irene; Lasniroha, Tetty
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 2 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i2.122

This study aims to determine the influence of the implementation of internal control to service quality. The method used in this research is descriptive quantitative method by collecting data through library research and field studies through distributing questionnaires. The sampling technique used in this research is the saturated sampling method with a sample of 35 respondents who are employees of the “Perusahaan Daerah Air Minum (PDAM) Tirtawening-Bandung” in sections in the General Division unit. Analysis of the data used is simple linear regression analysis at a significance level of 5%. Results of this study indicate that the implementation of internal control has an influence to service quality, while the magnitude of the influence of the implementation of internal control in improving service quality is in “Perusahaan Daerah Air Minum (PDAM) Tirtawening-Bandung” is 69.7%.

Analysis of Divorce Decision on Legal Responsibility and Divorce Procedure in Decision No. 251 / Pdt.G / 2025 / PN Mdn Maswandi, Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 2 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i2.123

This study aims to analyze the legal considerations of judges in Decision No. 251 / Pdt.G / 2025 / PN Mdn which is a divorce case decided by the Medan District Court in 2025. Using a normative juridical approach, this study examines the suitability of divorce procedures with applicable legal provisions, as well as analyzing the legal consequences of the judgment against the parties. The findings showed that the court had carried out procedures in accordance with the code of civil procedure, including mediation efforts and summons of the parties. This decision is important as a precedent in assessing the effectiveness of domestic dispute resolution mechanisms in the General Court.

The Rights of Children as Perpetrators of Narcotics in the Legal System in Indonesia Rizky Azhar Saragih
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 2 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i2.124

Modern justice based on information technology has become an important issue since the Supreme Court of the Republic of Indonesia raised the issue of the digital age .The launch of the application was followed at a later stage, followed by the implementation of electronic hearings during the pandemic by District/ City Courts throughout Indonesia. The issue of digital-based modern justice continues to evolve on the issue of electronic courts.The term electronic court is an important study not only because of its philosophical basis and legality, but also very specific problems in the field of child protection, especially regarding the fulfillment of the rights of children who face the law during legal proceedings. This thesis aims to determine and describe the rights of children as perpetrators of narcotics crimes in the legal process in the children's rights Electronic Hearing during the pandemic by the court in the perspective of legislation based on cases that occur in the jurisdiction of the Lubuk Pakam District Court. The method used in this study is a qualitative approach to the type of case study research with a focus on cases of children dealing with the law in the District Court Lubuk Pakam 1A. The results of the thesis showed that the electronic court process provides a lot of convenience for children, but on the other hand many children's rights are neglected, including children who face the law because of narcotics crimes. In addition to the fulfillment of the right to assistance during the legal process, the waiver of the rights of the child also occurs in the child's recov.

Theory and Practice of Mediation in Enggano Customary Law Community Gayo, Sabela
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 3 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i3.137

This study aims to examine the theory and practice of mediation in Enggano customary law community as a form of non-litigation dispute resolution mechanism rooted in local cultural values. The Enggano customary law community, which inhabits Enggano Island in Bengkulu province, has a unique social and legal system and is passed down through generations through oral traditions and communal practices. Adat mediation in Enggano is an integral part of the customary law system run by adat elders or community leaders who have moral authority in resolving various social issues, such as family conflicts, land disputes, to violations of customary norms. This study uses a normative legal approach with the support of qualitative data from literature studies and relevant anthropological documents, as well as analyzing how the adat mediation process takes place and what are its basic principles. In Enggano society, customary mediation prioritizes the value of deliberation, peace, and social rapprochement rather than formal condemnation. Thus, adat mediation is not only a dispute resolution tool, but also a mechanism for maintaining social cohesion and preserving local culture. However, in practice, Adat Enggano mediation is often faced with obstacles, especially when it comes to interacting with a more legalistic and formal national legal system. This study also explores the form of intersection between customary law and Indonesian national law, as well as how the two can complement each other in an effort to create a dispute resolution system that is contextual and responsive to the reality of Indigenous Peoples. The findings in this study indicate that, despite modernization and external pressures, adat mediation in Enggano still exists and has important value in the plural legal system in Indonesia.

Juridical Analysis of Strengthening the Decision of the Administrative Court by PT TUN Jakarta in the Dispute over the Cancellation of HGB Certificate No. 1444/Kebon Kelapa (Decision Study Number 243/B/2025/PT.TUN.JKT) Mhd. Hasbi Simanjutak; Mhd. Nasir Sitompul
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 3 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i3.138

This study examines the juridical basis of The Jakarta High Administrative Court (PT TUN) in strengthening the decision of the Jakarta Administrative Court related to the dispute over the cancellation of the building rights certificate (HGB) No. 1444 / Kebon Kelapa issued by the Land Office of the city administration of Central Jakarta. The dispute is filed by the plaintiff on the pretext that the certificate is legally flawed both procedurally and substantially, so it must be declared null and void. In addition to the head of the Central Jakarta Land Office as a defendant, PT Multi Aneka Sarana also serves as defendant II intervention because it is the right holder of the HGB.The Jakarta Administrative Court in the first instance decision stated that the niet Ontvankelijk lawsuit (unacceptable) was filed after passing the 90-day grace period as determined by Article 55 of Law Number 5 of 1986 on Administrative Justice. The panel of judges considered that the plaintiff should have known the existence and validity of the certificate long before filing the lawsuit, considering that the certificate had been issued since 1989 and the land object had been controlled and utilized by the HGB holder. This decision was then re-examined at the appeal level and upheld by PT TUN Jakarta through Decision number 243/B/2025/PT.TUN.JKT.Through normative legal research methods with a statutory approach, conceptual approach, and case approach, this study found that PT TUN consistently applied the principle of termijn vervallen, which is a doctrine that states that a lawsuit filed after the passage of a mandatory grace period is otherwise unacceptable without examining the subject matter of the case. The application of this principle confirms that the provisions of the grace period in the Tun procedural law are limited and binding, so ignoring them will damage legal certainty.In addition, the study found that the reasons for the delay in filing a lawsuit put forward by the plaintiff did not meet the qualification of “justifiable juridical reasons,” based on both doctrine and judicial practice. Therefore, the consideration of PT TUN Jakarta that strengthens the PTUN decision is not only in line with positive legal norms, but also strengthens the principles of administrative order, protection for land rights holders, and stability of the National Land system.PT TUN's assertion is important to prevent misuse of certificate cancellation claims filed after a very long period of time, as well as to ensure that land administration is not constantly in a state of uncertainty. Thus, this ruling contributes to the harmonization of TUN judicial practice and provides jurisprudential guidelines for the future handling of land disputes.

Judex Facti Consistency in Imposing Theft with Weights: A Review of Cassation Decision Number 1585 K/Pid/2025 Sitompul, Ariman; Bayu Dwi Arya, Muhammad
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 3 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i3.139

This study examines in depth the consistency of judex facti in the application of Article 363 Paragraph (1) 3 of the Criminal Code related to theft with weighting based on Cassation decision number 1585 K/Pid/2025. The focus of the study is directed not only to the appropriateness of the application of material and formal legal norms, but also to the correctness of Juridical considerations, the objectivity of the assessment of facts, as well as the harmonization of decisions between the District Court, the High Court and the Supreme Court. Through normative legal research methods with statute approach, conceptual approach, and case approach, this research explores how the structure of legal considerations is built at each judicial level and how the quality of legal reasoning affects the final decision.The results showed that the Supreme Court expressly upheld the application of the law by judex facti, especially in terms of proving the element of entering the house at night without permission and taking goods that are carried out when the owner is sleeping, so that all elements of Article 363 Paragraph (1) 3 of the Criminal Code are fulfilled. The Supreme Court also considered that the imposition of a criminal sentence of 10 months in prison by the District Court and which was reinforced by the High Court was in accordance with the provisions of Article 197 Paragraph (1) letter f of the Criminal Procedure Code, because the judges of First Instance and appeal had proportionately considered the aggravating and mitigating circumstances of the defendant.This study also found that the public prosecutor's objection in the Cassation application, which basically questioned the severity of the crime, it cannot be justified according to law because the assessment is the domain of judex facti authority and does not include Cassation grounds as stipulated in Article 253 Paragraph (1) of the Criminal Procedure Code. Thus, the Supreme Court reaffirmed the fundamental principle that Cassation only checks the application of the law, not corrects the appreciation of facts or the degree of conviction, unless there is a real error.Overall, this study confirms the importance of consistency in the application of law between judex facti and judex juris to maintain legal certainty, substantive justice, and the credibility of the criminal justice system. Consistency is a crucial element in forming decisions that are not only formally valid, but also morally and rationally legitimate. Therefore, this Cassation ruling is a concrete example of how the Supreme Court exercises the function of judicial supervision (judicial control) within the limits of its authority without intervening in the discretionary space of judges of First Instance and appeal.

Competence of Military Justice in Criminal Disputes of Servicemen Maswandi, Maswandi
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 3 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i3.140

This study comprehensively analyzes the competence of the military judiciary in examining, prosecuting, and deciding criminal cases involving active soldiers of the Indonesian National Army (TNI), using the Appeal decision Number 88-K/PMT.I/BDG/AL/IX / 2025 as the main case study. In the case, the defendant, who is a navy soldier, was charged with committing a military crime in the form of disobedience to official orders, actions that have the potential to disrupt discipline, command hierarchy, and unit operational order. The verdict of the first instance was handed down by the Bandung high military court I, which was then re-examined in the appeal level after legal remedies were filed by the relevant parties.The appellate panel of judges reviewed the case by considering a number of important juridical aspects, including the absolute competence of Military Justice based on the provisions of Law No. 31 of 1997 on Military Justice, the fulfillment of criminal elements as stipulated in the Criminal Code, and the imposition of crimes that reflect the principle of proportionality and Justice. The appeal ruling also confirmed that the jurisdiction of Military Justice is determined not only by the status of the subject of Law (active soldier), but also by the direct interrelation of criminal acts and military service duties.Through normative legal research methods that combine legislative, doctrinal, and analysis approaches to court decisions, this study found that military justice has full and indisputable competence in dealing with these types of cases, especially when the actions of the accused are directly related to the performance of official duties and affect discipline and command structure. The panel of judges at the appeal level consistently confirms the fulfillment of elements of military offenses, both subjective and objective elements, based on the facts of the trial and valid evidence according to the law of military procedure.Thus, this study concludes that the appeal verdict is a real representation of the consistency of the application of the law in military criminal justice. This ruling not only strengthens the absolute authority of the military judiciary in prosecuting soldiers who commit violations within the scope of service, but also makes an important contribution to legal certainty, official order, and the integrity of the military justice system in Indonesia. In addition, the decision emphasized the function of Military Justice as an instrument for fostering discipline, maintaining the professionalism of soldiers, and ensuring the implementation of military life in accordance with the principles of hierarchy and command.

Theory And Practice Of Mediation In Gayo Indigenous Peoples : Theory And Practice Of Mediation In Gayo Indigenous Peoples sabela
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 3 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i3.141

Mediation is one of the dispute resolution mechanisms that has long been practiced in customary law communities in Indonesia, including the Gayo Indigenous people who inhabit the Central Aceh, Bener Meriah, and Gayo Lues regions. This study aims to examine the theory and practice of mediation in the Gayo customary law community and its relationship with the national legal system. The problem raised in this study is how the concept of mediation is applied in Gayo indigenous peoples and the extent to which the practice intersects with Indonesian positive law. This research uses normative juridical method with qualitative approach through literature study on the sources of law and current literature. The results showed that mediation in the Gayo customary law community was carried out by traditional institutions informally by prioritizing the value of deliberation and restorative justice. Gayo customary mediation has proven effective in resolving disputes without further conflict and in line with the spirit of non-litigation settlement in the national legal system. This finding confirms the importance of strengthening the legality of indigenous institutions within the national legal framework as a form of protection and empowerment of Indigenous Peoples.

Juridical Analysis of Strengthening the Decision of the Administrative Court by PT TUN Jakarta in the Dispute Over the Cancellation of HGB Certificate No. 1444/Kebon Kelapa (Decision Study Number 243/B/2025/PT.TUN.JKT) Sahputra, Rilawadi
International Asia Of Law and Money Laundering (IAML) Vol. 4 No. 4 (2025): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v4i4.142

This study examines the juridical basis of The Jakarta High Administrative Court (PT TUN) in strengthening the decision of the Jakarta Administrative Court related to the dispute over the cancellation of the building rights certificate (HGB) No. 1444 / Kebon Kelapa issued by the Land Office of the city administration of Central Jakarta. The dispute is filed by the plaintiff on the pretext that the certificate is legally flawed both procedurally and substantially, so it must be declared null and void. In addition to the head of the Central Jakarta Land Office as a defendant, PT Multi Aneka Sarana also serves as defendant II intervention because it is the right holder of the HGB.The Jakarta Administrative Court in the first instance decision stated that the niet Ontvankelijk lawsuit (unacceptable) was filed after passing the 90-day grace period as determined by Article 55 of Law Number 5 of 1986 on Administrative Justice. The panel of judges considered that the plaintiff should have known the existence and validity of the certificate long before filing the lawsuit, considering that the certificate had been issued since 1989 and the land object had been controlled and utilized by the HGB holder. This decision was then re-examined at the appeal level and upheld by PT TUN Jakarta through Decision number 243/B/2025/PT.TUN.JKT.Through normative legal research methods with a statutory approach, conceptual approach, and case approach, this study found that PT TUN consistently applied the principle of termijn vervallen, which is a doctrine that states that a lawsuit filed after the passage of a mandatory grace period is otherwise unacceptable without examining the subject matter of the case. The application of this principle confirms that the provisions of the grace period in the Tun procedural law are limited and binding, so ignoring them will damage legal certainty.In addition, the study found that the reasons for the delay in filing a lawsuit put forward by the plaintiff did not meet the qualification of “justifiable juridical reasons,” based on both doctrine and judicial practice. Therefore, the consideration of PT TUN Jakarta that strengthens the PTUN decision is not only in line with positive legal norms, but also strengthens the principles of administrative order, protection for land rights holders, and stability of the National Land system.PT TUN's assertion is important to prevent misuse of certificate cancellation claims filed after a very long period of time, as well as to ensure that land administration is not constantly in a state of uncertainty. Thus, this ruling contributes to the harmonization of TUN judicial practice and provides jurisprudential guidelines for the future handling of land disputes.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Aditya Kesuma

Contact Email
adityakesuma34@gmail.com

Phone
+6285668953834

Journal Mail Official
info@iaml.or.id

Editorial Address
Street Sempurna No. A3, Sudirejo I Village, Medan Kota District, Medan City, North Sumatra Province, Indonesia

Location
Kota medan,

Sumatera utara

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Aditya Kesuma

Contact Email adityakesuma34@gmail.com

Phone +6285668953834

Journal Mail Official info@iaml.or.id

Editorial Address Street Sempurna No. A3, Sudirejo I Village, Medan Kota District, Medan City, North Sumatra Province, Indonesia

Location Kota medan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Aditya Kesuma

Contact Email
adityakesuma34@gmail.com

Phone
+6285668953834

Journal Mail Official
info@iaml.or.id

Editorial Address
Street Sempurna No. A3, Sudirejo I Village, Medan Kota District, Medan City, North Sumatra Province, Indonesia

Location
Kota medan,

Sumatera utara

INDONESIA