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Journal of Law & Policy Review
Published by Mahesa Research Center
ISSN : -     EISSN : 29873150     DOI : 10.34007
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Law & Policy Review, is is a Journal of Law, Human Rights, Citizenship, Pancasila, Civic Education, Public Policy, Administration and Political Governance. The published paper is the result of research, reflection, and criticism with respect to the advantages and disadvantages of globalization, from transnational and global perspectives. All papers are peer-reviewed by at least two referees. Publication Frequency: Twice Issue Per Year.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 75 Documents
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Implementasi Asas Nemo Plus Juris Terkait Perbuatan Hukum Atas Tanah di Hadapan PPAT (Studi Kasus Putusan Mahkamah Agung Nomor 2678 K/ PDT/ 2015) Ritonga, Syarifah Hasna; Yamin, Muhammad; Zaidar, Zaidar; Suprayitno, Suprayitno
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.372

Abstract

The study explores the implementation of the Nemo Plus Juris principle by Land Deed Officials (PPAT) in Indonesia, focusing on its role in overseeing the transfer of land rights. Analyzing a case study, the research investigates PPAT's responsibilities, the legal certainty ensured by the Nemo Plus Juris principle in land transactions, and the legal analysis of a specific court decision (No. 2678/K/Pdt/2015) related to this principle. Employing a normative juridical approach, the study draws on court decisions and legal literature. PPAT's accountability aligns with Government Regulation No. 24 of 1997, emphasizing adherence to legal provisions during land rights transfer. The Nemo Plus Juris principle, highlighted in Article 37(1) of the regulation, invalidates transfers by unauthorized entities, underscoring the significance of valid deeds in legitimizing land transactions. The court decision recognizes the principle's importance, confirming rightful ownership based on evidence from PPAT-issued Sale and Purchase Deeds. This study contributes to clarifying PPAT's adherence to legal norms and understanding judges' considerations in upholding the Nemo Plus Juris principle, essential in land ownership disputes.
Pradigma Baru Pelayanan Publik Indonesia Dari Old Public Adminintration Menuju New Public Service Iskandar, Adetya; Tanjung, Elsa Susanna Fitri; Siagian, Jonathan; Tampubolon, Dominggos Soarez; Samosir, Adrilla Yolanda; Sinurat, Patrcia; Sitinjak, Ryan Fernando; Ivanna, Julia
Journal of Law & Policy Review Vol 1, No 1 (2023): Journal of Law & Policy Review, June
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i1.92

Abstract

The main problem of public services today is related to improving the quality of the service itself. In terms of its implementation pattern, public services in Indonesia still have various weaknesses, such as being less responsive, less informative, less accessible, less coordinated, bureaucratic, less willing to listen to complaints / suggestions / aspirations of the public, and inefficiency. The problem that the writer will study is regarding the concept of public service implementation that has shifted from the old paradigm known as the Old Public Administration to a new paradigm known as the New Public Service. The purpose of this research is to see whether the paradigm shift finds a change in the implementation of public services in various forms or aspects of public service in Indonesia. The research methods of literature review or literature study contain theoretical theories that are relevant to research problems. In this case the public service in question must be able to build trust and collaboration with citizens, which must prioritize the principles of good governance, where public services are built based on shared values by fostering trust and collaboration with citizens.
Pelanggaran Pemancingan Ilegal oleh Pelaut Tradisional Pantai Labu di Perairan Malaysia: Perspektif Masalah dan Penegakan Hukum Putri, Shellya Eka; Sinaga, Sondang Ruth Lovenia; Parangin-Angin, Reh Bungana Beru
Journal of Law & Policy Review Vol 2, No 1 (2024): Journal of Law & Policy Review, June 2024
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v2i1.370

Abstract

Writing this article aims to find out how law enforcement is viewed from the perspective of problems and also the handling of Illegal Fishing carried out by traditional sailors from Pantai Labu in Malaysian waters. The problem is focused on law enforcement in Malaysian waters against Illegal Fishing by traditional seafarers. In order to approach this problem, a theoretical reference is used from the 1982 UNCLOS ratification concerning sea waters or ZEE. The data were collected through interviews and searches through literature studies, as well as utilizing the media and articles related to the issues being discussed and analyzed qualitatively. This study concludes that traditional seafarers from Pantai Labu have been carrying out Illegal Fishing by stealing fish in the Malaysian border waters. Illegal Fishing is subject to sanctions in accordance with the provisions of Article 73 UNCLOS 1982 which relates to Illegal Fishing, if foreign vessels do not comply with the laws and regulations of the coastal state in terms of conservation of fishery resources, the coastal state may arrest the vessel with imprisonment according to age. minimum confinement of 10 days – 2 years and confiscation of vessels and fish caught.
Upaya Hukum Penyelesaian Sengketa Penguasaan Tanah Adat (Studi Putusan Nomor 55/Pdt.G/2013/PN.Blg; 50/PDT/2015/ PT.MDN; 2753 K/PDT/2015) Harefa, Steven Putra; Saidin, O.K.; Yefrizawati, Yefrizawati; Azwar, Tengku Keizerina Devi
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.323

Abstract

The Toba Batak ethnic group living in the Samosir area is essentially a collection of traditional communities and generally are farmers who work on agricultural land and conceptualize land as not only an economic resource but also as a clan identity. The important role of land in human life, is that land is an object that is prone to disputes or disputes between humans. This type of research is empirical juridical research where the approach to the problem is carried out by examining the provisions of customary law in the Toba Samosir Regency. This research is normative and descriptive analysis, where this research attempts to describe, explain, and analyze the problems that arise, and then look for the correct answers as solutions to these problems. The results of the discussion of the problems that arise in this research are that legal efforts to resolve disputes over customary land tenure in Toba Samosir Regency can be carried out through non-litigation channels with consensus deliberation through traditional leaders and if a resolution cannot be obtained, then it will be taken through litigation. Legal efforts to resolve customary land tenure disputes in Toba Samosir Regency through litigation have provided legal certainty and legal protection.
Perlindungan Hukum Bagi Kreditur Perbankan Terkait Akta Pemberian Hak Tanggungan Tidak Didaftarkan Pada PT Bank Sumut Kota Binjai Sinaga, Mohd Rizky; Sunarmi, Sunarmi; Saidin, Saidin; Purba, Hasim
Journal of Law & Policy Review Vol 2, No 1 (2024): Journal of Law & Policy Review, June 2024
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v2i1.452

Abstract

Penelitian ini bertujuan untuk meneliti konsekuensi tidak terdaftarnya akta pemberian hak tanggungan dalam pemberian hak tanggungan dan perlindungan hukum bagi kreditur perbankan di PT Bank Sumut Kota Binjai. Penelitian hukum sosiologis deskriptif ini menggunakan data sekunder dan primer dengan teknik studi dokumen dan wawancara. Akta pemberian hak tanggungan yang tidak terdaftar dapat memiliki implikasi hukum tertentu tergantung pada peraturan hukum properti di suatu yurisdiksi. Pemberian hak tanggungan biasanya melibatkan pendaftaran hak tersebut di kantor pertanahan atau lembaga yang berwenang. Konsekuensi tidak terdaftarnya hak tanggungan terhadap jaminan kredit termasuk ketidakmampuan mengeluarkan Sertifikat Hak Tanggungan, menghambat kreditur dalam melaksanakan eksekusi jika debitur wanprestasi. Untuk melindungi kreditur perbankan, terutama di PT Bank Sumut Kota Binjai, penelitian menyarankan implementasi klausa kuasa menjual dalam perjanjian kredit. Ini memberdayakan kreditur untuk menjual properti yang dijaminkan tanpa menunggu perintah pengadilan, memberikan perlindungan bagi kreditur perbankan terkait akta pemberian hak tanggungan yang tidak terdaftar.
Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor 18/PUU-XVII/2019 JUNCTO 02/PUU-XIX/2021 (Studi Kasus Pengadilan Negeri Medan) Karna, Etha Pricilla; Kamelo, Tan; Sutiarnoto, Sutiarnoto; Yerfizawati, Yerfizawati
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.442

Abstract

Fiduciary Security is a specific property guarantee granting creditors exclusive rights, including the ability to sell the collateral without a court order, known as parate execution, in the event of default. The execution of Fiduciary Security is governed by Law Number 42 of 1999 concerning Fiduciary Security, Article 15. The Constitutional Court Decision Number 18/PUU-XVII/2019 JUNCTO 02/PUU-XIX/2021 resulted from a constitutional review petition against Article 15 Paragraphs (2) and (3) of the law, leading to legal changes in the regulation and implementation of Fiduciary Security execution procedures. This study focuses on whether the decision aligns with Indonesia's legal system, the pre- and post-decision execution processes, and the legal analysis by judges at the Medan District Court. Using a normative juridical method, this research concludes that the Constitutional Court Decision provides a new interpretation of executory titles and breach of promise. Before the decision, creditors held executory titles during Fiduciary Security execution upon debtor breach, but post-decision, mutual consent between creditors and debtors is required. Challenges in implementing the decision in the Medan District Court arise from societal and cultural factors.
CerminanFilosofi Batak Toba “Dalihan Natolu” Terhadap Nilai-Nilai Luhur Bangsa Indonesia Mangudur, Theovanni Indah; Waruwu, Lina Yanti; Sari, Henny; Putriyansyah, Wilda; Sofyanti, Dina Febri; Hasibuan, Sarmila; Ivanna, Julia
Journal of Law & Policy Review Vol 1, No 1 (2023): Journal of Law & Policy Review, June
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i1.96

Abstract

This article aims to analyze the philosophical views of the Batak Toba “Dalihan Natolu” towards the noble values of the nation. The problem is focused on the position and role of the values contained in the Dalihan Natolu and it’s relation to the noble values of the nation. In order to approach this problem, a theoretical reference is used Pasaribu in the Armawi (2008) Batak Toba people have a level of obedience and obedience in social relations as regulated in the cultural structure of the Dalihan Natolu so that it is perceived as one of the ways or methods in achieving life.  Dalihan Natolu is a cultural value, the prime idea of its creator which is the source or orientation of the attitudes and behavior of the Batak tribe in their lives in social and cultural relationship. The data is collected through literature review of various writings search on the internet and analyzed qualitatively. This study concludes that Dalihan Natolu is a philosophy that contains noble cultural values in the life of the Batak Toba people, in the implementation of the Batak Toba customs,it is inseparable from the Dalihan Natolu philosophy which regulates the customary life of the Batak Toba community. Dalihan Natolu values are not only as values in the Barak Toba traditional system, but also in line with the noble values adopted by the Indonesian people.
Gaya Kepemimpinan Kepala Desa pada Kinerja Aparatur Desa: Studi Kasus di Desa Susuk, Kecamatan Tiganderket, Kabupaten Karo Br Surbakti, Via Maharani; Jamil, Bahrum; Sembiring, Walid Musthafa
Journal of Law & Policy Review Vol 2, No 1 (2024): Journal of Law & Policy Review, June 2024
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v2i1.371

Abstract

The leadership style of the village head is very important to the performance of the village apparatus because one of the factors that influence performance is the leadership style. The purpose of this study was to determine the leadership style of the Village Head on the performance of the Village Apparatus, to determine the performance of the Village Apparatus and the inhibiting factors of the Village Head's leadership style. The problems are the lack of human resources seeing how important roles and responsibilities are in providing services to the community but have not been able to respond optimally to community needs, inadequate facilities and infrastructure and some village officials are still late coming to the office and even leaving the village office. Before working hours end. To approach this problem, the theoretical reference from Rivai includes authoritarian, democratic, and laissez-faire leadership styles and aspects from Dwiyanto which include productivity, service quality, responsiveness, responsibility, and accountability. Data were collected based on data collection techniques with observation, interviews and documentation, and analyzed qualitatively with a descriptive nature. The results showed that the leadership style used by the Village Head was a democratic leadership style seen from the decision making the Village Head always held deliberation, the Village Head was also very open to criticism and suggestions, the ability of the Village Head to motivate the Village Apparatus and the communication that was established with the two village heads. Direction. It's just that there are still inhibiting factors in improving the performance of the apparatus, namely the lack of Human Resources, inadequate facilities and infrastructure and the low level of discipline of the Village Apparatus. 
Problematika Pembatalan Hak Pengelolaan Milik PT. Inalum (Persero) atas Gugatan Cacat Prosedural dan Bertentangan dengan Asas Umum Pemerintahan yang Baik (Studi Putusan Nomor 43/G/2022/PTUN-MDN) Simanjuntak, Agnes Vepy; Lubis, Muhammad Yamin; Sembiring, Rosnidar; Zaidar, Zaidar
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.430

Abstract

Problems in the issuance of Management Rights Certificates are land problems that commonly occur in Indonesia as well as the resistance carried out by Tekardjo Angkasa against PT. Inalum (Persero). The problem studied is the existence of PT. Inalum (Persero) as the owner of Management Rights, legal certainty over civil ownership rights based on the basis of land certificate rights owned by Tekardjo Angkasa and legal considerations by the panel of judges in case Number 43/G/2022/Ptun-Mdn. The research method used is normative legal research which is presented descriptively. The research approach is carried out through the case approach method and the statutory approach. Data sources are obtained from primary, tertiary and secondary legal sources. Data is processed qualitatively and deductively inferred. The result of this research is the existence of PT. Inalum (Persero) obtained from state land in the form of contradictory decisions. SKT mer ownership
Pendaftaran Peralihan Hak Atas Tanah Yang Bersumber Dari Kesepakatan Ahli Waris Yang Dibuat Dihadapan Notaris Takarub, Kukuh Derajat; Lubis, Muhammad Yamin; Sembiring, Rosnidar; Suprayitno, Suprayitno
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.443

Abstract

This research aims to explore in-depth the registration of the transfer of inheritance rights sourced from an agreement among heirs made before a notary. However, the registration of the transfer of rights, according to Article 37 of Government Regulation No. 24 of 1997 on Land Registration, can only be registered if proven by a deed made by a land deed official (PPAT). Consequently, there is a discrepancy in implementing the inheritance transfer according to Article 111 paragraph 3 of Regulation of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency No. 16 of 2021, which can be made in the form of an underhand deed by all heirs witnessed by 2 (two) witnesses or by a deed of inheritance division made before a notary. This research is classified as normative, and the data is analyzed qualitatively. The results indicate that an agreement is a crucial element in an agreement, where Article 1320 of the Civil Code emphasizes that an agreement is a requirement for the validity of an agreement. The agreement related to the inheritance object carried out by the parties can override what is regulated in inheritance law as long as it meets the elements of Article 1338 and does not violate Article 1321 of the Civil Code. To make the agreement a perfect evidence, it should be made before a notary with a notarial deed as referred to in Article 1870 of the Civil Code.

Page 2 of 8 | Total Record : 75

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