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Bayu Indra Permana
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Acten Journal Law Review
Published by PT. Matra Cendikia Abadi
ISSN : 30640164     EISSN : 30640164     DOI : https://doi.org/10.71087/ajlr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ACTEN JOURNAL LAW REVIEW is an academic journal jointly organized and operated by PT. Matra Cendikia Abadi, domicile in Jember, East Java. This objective of this journal comes from the current context of issues within the framework of notary law that need to be discussed from various kinds of approaches. Thus, the scope of this journal in consist of: Contract Law, Notary Law, Land Law, Civil Law, Business Law, Technology and Cyber Law, Tax Law, Inheritance Law, Islamic Banking Law. Emphasizing a combination of theoretical insights with practical applications, The Journal facilitate robust discussions on legal theory, policy implications, and comparative legal studies. However, it also accommodate several articles in general topic in each issue. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 33 Documents
 1   2   3   4 
Perlindungan Hukum Pemegang Saham Perseroan Terbatas Terbuka Pada Rapat Umum Pemegang Saham Secara Elektronik Sutiono, Marvel Romi; Sajogo, Kenneth Bradley
Acten Journal Law Review Vol. 1 No. 1: Aug 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i1.1

Abstract

The organs of a Limited Liability Company are the GMS, Board of Directors, and Commissioners, each of which has its own function. Under normal conditions, the GMS of a Public Limited Company is carried out conventionally with a direct meeting, but now it is carried out electronically based on POJK 16/2020. The electronic GMS regulations have been regulated in Article 77 of the Limited Liability Company Law, which requires the signatures of all GMS participants on the minutes, while Article 12 of POJK 16/2020 stipulates that it does not require the signatures of GMS participants and must be made with a notary deed. This study uses a normative legal research type using a statutory approach, a conceptual approach, and a historical approach. The conclusions of the discussion are as follows. First, the meaning of the electronic GMS of a Public Limited Company is part of a public limited company that is born from a group of shareholders and has its own authority and its implementation using electronic media. GMS which used to be conventional can now be carried out using electronic media. Second, the nature of electronic signing of the minutes of the GMS of Public Limited Companies in Article 12 of POJK 16/2020 has not provided legal protection for shareholders and there is disharmony with Article 77 paragraph (4) of the Limited Liability Company Law and the Notary Law. The minutes of the GMS of a Limited Liability Company are a form of internal legal protection and laws and regulations are external legal protection. Keywords: Shareholders; GMS; Electronic; Legal Protection
Arrangement of Agrarian Reform as A Basis For Providing Legal Certainty For the Community Prakoso, Bhim; Hariyani, Iswi; Wahjuni, Edi; Wisnuwardhani, Diah Aju
Acten Journal Law Review Vol. 1 No. 1: Aug 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i1.2

Abstract

The existence of government policies that have been issued regarding the implementation of the agrarian reform program but still give rise to imbalances in the structure of control, ownership, use, and utilization of land. Until now, it seems as if the implementation of the agrarian reform program is running in place, even though in order to make the agrarian reform a success, the government has tried to create regulations that are used as a legal basis so that the agrarian reform can run according to its objectives. This study aims to examine the legal certainty of agrarian reform asset management policies. This study is a normative study that uses a statutory regulatory approach and a conceptual approach. The statutory approach is a study of legal products. The results of the study show that 1). The nature of the arrangement of Agrarian Reform assets that are certain: Agrarian reform fundamentally provides programs that can resolve the problem of rural community poverty, increase welfare with national food independence, increase land productivity, provide recognition of land rights owned both privately, state, and public land whose use is to meet the interests of the community. 2). Implementation of land redistribution in Agrarian Reform: There are three forms of agrarian reform, namely asset legalization, land redistribution and social forestry. Model of equitable agrarian reform: Agrarian reform or equitable agrarian renewal is something that is complex and multidimensional which is a major program of the Indonesian state in realizing the welfare of the Indonesian people, especially in terms of increasing access for poor farmers to land control in Indonesia, but implementing equitable agrarian reform is not an easy thing, there are many obstacles, both in terms of legal aspects, land administration, social, political, cultural, and security. Keywords: Asset Management Policy, Agrarian Reform, Legal Certainty for the Community
Perlindungan Hukum Kreditur Dan Pemilik Jaminan Dalam Pelaksanaan Perjanjian Kredit Dengan Jaminan Tanah Milik Orang Lain Istighfarin, Meralda Amala
Acten Journal Law Review Vol. 1 No. 1: Aug 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i1.3

Abstract

Problems in society are growing as time goes on. One of the most popular issues right now is banking and security. The authors took research on the implementation of credit agreements for the parties with the insurance of other people's land and made it a research title. The author explains how legal protection is intended for creditors and bail owners when debitors of awanprestation and turns out the land guaranteed cannot be executed because the bailee doesn't know if the land is charged with charge rights. The new creditors found out that the debtors listed in the credit agreement weren't real people. The owner also knew the land had been charged with rights when his property was to be executed. This research is a normative legal study with a support of empirical data. Study data collected through library study, document studies and interviews. Analysis is done using qualitative data analysis method.This research shows the use of credit and legal protection for creditors and the owner of bail that is with an altruistic and restitution lawsuit that creditors can do. Other than that, An attempt to obtain creditors' legal protection can also do by filing a criminal report on fraud committed by debtors. Then, after the court issued a legal verdict, it remained, Creditors can file a lawsuit against the law and compensate for the fraud committed by debtors. his research is a normative legal study with a support of empirical data. Study data collected through library study, document studies and interviews. Analysis is done using qualitative data analysis method.This research shows the use of credit and legal protection for creditors and the owner of bail that is with an altruistic and restitution lawsuit that creditors can do. Other than that, An attempt to obtain creditors' legal protection can also do by filing a criminal report on fraud committed by debtors.Then, after the court issued a legal verdict, it remained, Creditors can file a lawsuit against the law and compensate for the fraud committed by debtors. Keywords : Credit-Execution, Guarantee, Land, Legal Protection
Akibat Hukum Notaris Menggunakan Website Pribadi Dalam Memberikan Pelayanan Jasa Kepada Masyarakat Kinasih, Nadia Pitra; Himma, Azizahtul
Acten Journal Law Review Vol. 1 No. 1: Aug 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i1.4

Abstract

The use of Notary websites is now widely used by Notary Public groups in various regions. As we know, it has not been specifically regulated in the Law on the Position of Notaries or the Code of Ethics regarding websites as intermediaries between clients and Notaries. This legal vacuum has caused Notaries to start opening services via personal websites. However, there are still pros and cons related to the use of electronic media in Notary services through websites that are currently being carried out, whether the use of websites or other electronic media is allowed or not in Notary Services and their legal consequences. The type of research used is the normative legal research method. The approach used is the statutory and conceptual approach which is analyzed using qualitative methods. The results of this study indicate that first, the use of electronic media in Notary services through websites is permitted as long as it only provides legal consultation or counseling in the civil field. While the use of electronic media in Notary services through websites that is prohibited is on the Notary's personal website containing elements of self-promotion such as including the name and title of office, exposing Notary activities on the website such as photos with clients. Second, the legal consequences for Notaries regarding the use of electronic media in Notary services are the imposition of sanctions on Notaries if they are proven to have carried out self-publication which can bring down the honor and dignity of the Notary's position in the form of a written warning and can even be subject to punitive sanctions, namely in the form of temporary dismissal, even honorable dismissal. or disrespect. Keywords : Notary; Website; Services.
Tanggung Jawab Para Pihak Setelah Pelaksanaan Lelang Tanah Kas Desa: Studi Kasus di Desa Cangaan Kabupaten Bojonegoro Megawati, Tiyas Putri; Fahmida, Faizah Nur; Ramadhanti, Aulia Dwi
Acten Journal Law Review Vol. 1 No. 1: Aug 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i1.5

Abstract

Auction is a sale that is open to the public with written and/or oral price offers and guided by an auction official. This is different from what happened in Cangaan Village where the Village Treasury Land auction was carried out without an auction official and was carried out using a lottery system. The uniqueness of the implementation of this auction then became the basis for the author to further examine and find out the extent of the differences in the implementation of the Village Treasury Land auction in Cangaan Village, the rights and obligations arising from the parties involved and the things that must be done after the auction was carried out. The research method used is normative juridical by examining primary legal sources and related secondary legal sources. After examining the case of the Village Treasury Land auction in Cangaan Village, it was found that the village treasury land auction fell into the third version of the auction, namely what was offered in the auction was an opportunity to work together. In this type of auction, the legal act that arises is a lease between the Village Government and the auction winner. This results in the emergence of rights and obligations of the parties on the basis of a post-auction lease relationship. Keywords: Auction; Village Treasury Land; Responsibility
Keabsahan Perkawinan Beda Agama Pasca Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023: Studi Kasus Penetapan Nomor 423/Pdt.P/2023/PN.Jkt.Utr Assegaf, Muhammad; Rato, Dominikus; Ali, Moh.
Acten Journal Law Review Vol. 1 No. 2: Oct 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i2.6

Abstract

Marriage is a sacred and noble procession to build a household that is considered legitimate from a religious and state perspective. Positive law prohibits interfaith marriages as stated in SEMA No. 2 of 2023 concerning Judges' Instructions in Adjudicating Cases of Applications for Registration of Marriages Between People of Different Religions and Beliefs. However, the judge in Stipulation Number 423/PDT.P/2023/PN.Jkt.Utr granted the request for registration of interfaith marriage applications. The legal research used in this article is normative juridical, based on an internal perspective that is able to provide legal arguments when conflicts, ambiguities, or legal gaps are found. The results of the study show that the judge's considerations in Stipulation Number 423/PDT.P/2023/PN.Jkt.Utr are inappropriate in using the legal basis. The judge is of the view that Catholicism and Protestant Christianity are still within the same scope of faith so that they are in harmony. However, the judge did not refer to SEMA Number 2 of 2023 as a legal basis for deciding the case, did not consider the norm of Article 2 paragraph 1 of the Marriage Law, did not consider the rejection from the Dukcapil Office, did not consider evidence in the form of the Applicants' Identity Cards, and finally the Judge did not consider the prohibitions of each of the Applicants' religions. The Judge should have made a decision based on the correct legal basis as a consideration so that in the future there would be no more inappropriate decisions. Keywords : Marriage; Different Religion; Judge Consideration
Kepastian Hukum Notaris Menerapkan Cyber Notary Dalam Verlidjen Akta Notaris Secara Digital Kinasih, Nadia Pitra
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i3.7

Abstract

The vagueness of legal norms or vague norms in the UUJN, especially Article 15 paragraph (3), affects the implementation of notary authority in the digital era. This ambiguity has the potential to cause problems, especially in the inconsistency between Article 16 paragraph (1) letter m of the UUJN and Article 15 paragraph (3) of the UUJN, which creates a conflict between the obligations and authorities of notaries in making deeds face to face or in person. The purpose of this study is to ensure legal certainty in making notarial party deeds digitally and how the impact of the implementation of cyber notary in Indonesia in making party deeds regarding signing and reading face to face online. This study uses a normative legal research method with a statute-approach and comparative-approach, as well as qualitative analysis. Data were collected through literature studies from primary, secondary, and tertiary legal sources. The conclusion of the study emphasizes the need for clear and comprehensive legal regulations to regulate the use of digital technology in making notarial deeds, including a strong security system and appropriate notary authorization. An important requirement in making an authentic notarial deed is the reading and signing of the deed, which can be done electronically through media such as video conference. Electronic signature or digital signature, it is expected that the making of a notarial deed digitally can be realized with legal certainty guaranteed through harmonization of laws and regulations. The impact of using cyber notary includes ease of access, process efficiency, time flexibility, cost reduction, document security, and regulatory adjustments. Overall, notaries have an important role in non-governmental public services, and the use of technology in making deeds digitally can be an efficient and practical alternative in supporting legal certainty. However, attention is needed to aspects of data security and regulations that are in accordance with technological developments in the digital era. Keywords: Notary; Cyber Notary; Verlidjen
Tanggung Jawab Asuransi Astra Terhadap Tertanggung Atas Kehilangan Sepeda Motor Yang Masih Dalam Proses Kredit Purwasaputri, Bella Adinda; Yasa, I Wayan; Kusuma, Ajeng Pramesthy Hardiani
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i3.8

Abstract

The Insured receives goods in the form of a motorbike on credit and then installments are made to complete the payment in full in accordance with the policy agreement between the Astra Insurance Company and the Insured. The Insurer's guarantee for loss or damage to motor vehicles provided to the Insured in the policy is coverage for collision, impact, overturning, falling over, wrongdoing, malicious acts, theft preceded or followed by acts of violence, fire, wheel damage due to accidents, and reasonable costs incurred for maintenance or transportation to a repair shop. The responsibility provided by Astra Insurance is based on the Standard Indonesian Motor Vehicle Insurance Policy based on partial loss or total loss. The insurance claim given is in cash, according to the market price of the motorbike at the time of the incident minus the amount of outstanding installment debt. The method used in this research is normative juridical legal research. The focus of legal research is by examining the application of rules or norms in applicable positive law. The author uses a statutory regulatory approach and a conceptual approach. The result of study is the liability given based on partial loss is calculated based on the cost of repairs required or replacement of damaged vehicle parts, and the total loss given is calculated based on the actual price, namely the market price of the motor vehicle at the time of the loss. Insurance claims given by Astra Insurance are in the form of cash, not in the form of vehicle units according to the initial installment contract. Astra Insurance will replace a number of losses with money based on the market price of the motorbike at the time of the incident minus the amount of installment debt still owed. Keywords : Astra Insurance ; Credit; Insurance Rerponsibility.
Pembagian Hak Waris Pada Asuransi Prudential Syariah Dalam Perspektif Hukum Kewarisan Islam Ramadani, Mohammad Fadli; Susanti, Dyah Ochtorina
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i3.9

Abstract

The purpose of journal is so that people who use sharia insurance policies can understand the inheritance system of Prudential Syariah Insurance according to Islamic Law. Inheritance law is a legal system that regulates the transfer of ownership of a deceased person to a person who has not died. Inheritance law is concluded as a system of regulating the assets of the heir which will be given by the heir's expert or rights with provisions in the form of consequences of being said to be an heir. In the Civil Code, inheritance law is not regulated in a special article, but the basic principle is contained in Article 830. The article states that inheritance only applies after death. Thus, the distribution of inherited wealth to heirs can only be done after the heir dies. Etymologically, sharia insurance in Arabic is called at-ta'min, the guarantor is called mu'ammin, while the insured is called mu'ammanah lahu or musta'min. While at-ta'min is taken from the word amana, because it means protection, tranquility, security, and freedom from fear. The type of research used in this study is Basic Research which is basically conducted only for the purpose of developing and reviewing existing theories using descriptive research methods. The results of the study show that the provisions of Islamic law are not violated in the inheritance system applied by the Prudential Syariah insurance branch in Surabaya, because in cases where customers experience a disaster, especially death, then Islamic insurance will provide the rights of heirs left by the testator (customer) as long as he follows the insurance. Keywords : Asurance; Islamic Law; Inheritance Law.  
Criminal Sentence For Child Perpetrators In the Criminal Act of Sexual Interculation Nurjanah, Ovinia; Tanuwijaya, Fanny; Prihatmini, Sapti
Acten Journal Law Review Vol. 1 No. 2: Oct 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i2.10

Abstract

Children are the next generation of the nation who must be given attention, supervision, rights and protection from all forms of violence. However, child protection has a very important existence, especially in cases of child crime. Children are indeed vulnerable to crime, therefore children need extra supervision from parents and from the government through a law that regulates the protection of children from a crime. One of the criminal acts committed by children is sexual intercourse. Like the case decided by the Kolaka District Court No. 4 / Pid.Sus-Anak / 2020 / PN.Kka concerning the crime of sexual intercourse committed by children. The public prosecutor charged the child with violating Article 81 paragraph (1) and (2) in conjunction with Article 76D of Law No. 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection into Law in conjunction with Article 55 paragraph (1) ke-1 of the Criminal Code. Furthermore, the identity of children in conflict with the law must be kept confidential. In the decision of the Kolaka District Court No. 4/Pid.Sus-Anak/2020/PN.Kka which does not obscure the identity of the child. In fact, Article 10 of the Supreme Court Decree No. 144 of 2007 concerning Disclosure of Information in Court regulates the obligation to obscure the identity of children in conflict with the law (ABH). Therefore, this needs to be discussed further. In this study, the author uses a normative legal research type (Legal Research) with a statutory and conceptual regulatory approach. The conclusion of this discussion is that the child perpetrator has fulfilled the elements of "committing violence or threats of violence, forcing children. Furthermore, related to the identity of the ABH, it must be kept confidential in print and electronic media, in order to maintain the confidentiality of the child's identity so that there are no bad assumptions in the public. Keywords: Child Sexual Crime; Child Identity; Child Protection.

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