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Ardan Moris
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INDONESIA
Journal of Law
Published by Neolectura
ISSN : -     EISSN : 29866693     DOI : https://doi.org/10.37010
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Postulat adalah jurnal yang diterbitkan oleh Neolectura, Divisi Publikasi Buku dan Jurnal Ilmiah PT Naraya Elaborium Optima yang bekerja sama dengan Sekolah Tinggi Ilmu Hukum IBLAM, diterbitkan dua kali dalam satu tahun. Postulat adalah media publikasi ilmiah dalam bentuk makalah konseptual dan penelitian lapangan yang terkait dengan bidang kajian ilmu hukum dan relevansinya. Diharapkan Postulat dapat menjadi media bagi akademisi dan peneliti untuk menerbitkan karya ilmiah mereka dan menjadi sumber referensi untuk pengembangan ilmu pengetahuan. Postulat merupakan jurnal yang berada dibawah naungan PT Naraya Elaborium Optima
Arjuna Subject : Ilmu Sosial - Hukum
Articles 79 Documents
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Tinjauan Yuridis Pertanggung Jawaban Jabatan Notaris terhadap Pembuatan Akta Perjanjian Pengikatan Jual Beli (PPJB) dan Kuasa Menjual (SKM) menurut Peraturan Perundang–Undangan No. 2 Tahun 2014 (Studi Kasus 54/Pdt.G/2020/Pn) Bakhtar, Suci Sukma Paramitha; Nugroho, Meysita Arrum
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1834

Abstract

One of the notary's authorities is in terms of making a Deed of Sale and Purchase Agreement. The Notary can be responsible for a Sale and Purchase Agreement that is not in accordance with the provisions of the Notary Office Law if: 1. The deed he made is legally defective, 2. The Notary deliberately does not read the deed made in front of the witnesses. The notary has the duty to prepare the deed and provide advice to the parties. The notary not only certifies the signature, but also has to give advice if anything deviates from what the parties want. Checking the details of the deed of agreement made and reading the deed before it is signed by the parties is a control for the parties and the notary. Thus, the deed made is the will of the parties present. The problem examined in this writing is: What is the legal position of a notary if it is associated with the notary's errors and negligence in making the deed, one of which is the deed of the Sale and Purchase Agreement. In this study, the method used is normative juridical law with an analytical approach. Based on the results of the discussion on and the results of the research, namely: The Responsibility of Notaries for the Errors and Negligence of Notaries in the Preparation of Binding Sale and Purchase Agreement deeds based on the obligations of Notaries based on Law Number 2 of 2014 concerning Notary Positions. This is to avoid losses to other parties and in accordance with Article 16 paragraph (1) letter (a) of Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Notary Position (hereinafter referred to as UUJN), in carrying out their positions, Notaries are obliged to act trustfully, honestly, thoroughly, independently, impartially, and maintain the interests of related parties in legal act.
“Analisa Dissenting Opinion Dalam Hasil Putusan Permohonan Perkara Nomor 35/PUU/XXII/2024 Terhadap Pasal 35 Ayat 1 UU No 13 Tahun 2023 Tentang Ketenagakerjaan Ohandi, Max Andrew; Syam, Radian
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1837

Abstract

This research highlights Judge Guntur Hamzah's dissenting opinion in the Constitutional Court's decision regarding Article 35 paragraph (1) of Law no. 13 of 2023 concerning Employment. He criticized the phrase "recruit the required workforce clarity" which has the potential to give rise to legal uncertainty and discrimination, especially regarding age limits and appearance requirements. This dissenting opinion provides an alternative perspective that encourages critical reflection on the majority decision. The implication is the need for legal revisions for justice and inclusiveness, punctuation increasing public awareness about discrimination. The research method uses normative juridical methods with a literature approach. Research recommendations include reviewing Article 35 paragraph (1), stricter law enforcement, and developing fair employment policies.
Tinjauan Yuridis Pelaksanaan Pendaftaran Tanah Secara Elektronik Berdasarkan Permen ATR/Kepala BPN RI No. 3 Tahun 2023 tentang Penerbitan Dokumen Elektronik dalam Kegiatan Pendaftaran Tanah Riyanto, Tabah; Suardi; Martin, Abraham Yazdi
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1843

Abstract

This research examines the implementation of electronic land registration based on the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency No. 3 Year 2023 which aims to transform the land administration process in Indonesia. In this digital era, electronic land certificates are introduced as an alternative to physical certificates to provide efficiency, ease of access, and legal protection for landowners. The problems in this research include the implementation of the electronic certificate system and legal protection for land rights holders. Through a qualitative method with a normative juridical approach, this study found that although the electronic system has the potential to increase legal certainty and security of land administration, there are obstacles in its implementation, such as infrastructure readiness, data security, and public understanding. Recommendations include improving digital infrastructure, socialising to the public, and strengthening supervision and data security to strengthen legal protection for rights holders. With proper mitigation, electronic certificates can provide significant benefits in land management in Indonesia.
Analisis Perlindungan Hukum Bagi WNI yang Berwisata Religi ke Negara Israel Gracianto, Hubertus Divo; Fathinnuddin, Muhammad
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1844

Abstract

This research focuses on the legal protection for Indonesian tourists undertaking religious journeys to Israel, a country that does not have diplomatic relations with Indonesia. The author's experience in guiding tourists to Israel raises concerns about the security and legal certainty they face while there. This study analyzes two main issues: (1) the bilateral relationship between Indonesia and Israel in the context of international law and the tourism industry, and (2) the responsibilities and legal protections provided by the Indonesian government to Indonesian citizens (WNI) as tourists in a country without official diplomatic relations. The research method employed is normative legal research, utilizing an approach to relevant regulations, concepts, and legal cases. This study aims to produce conclusions regarding: (1) the regulation of state responsibilities in bilateral contexts and the protection of WNI by the Ministry of Tourism through travel agents and local service providers, and (2) recommendations for formulating legal products that can ensure protection for WNI as foreign tourists in the country. Although some legal instruments have been outlined in regulations through the Indonesian embassy in nearby countries, there remains a normative vacuum that needs to be addressed. Therefore, a consensus or legal agreement between local service providers and service users is necessary to prevent losses arising from issues, disputes, or circumstances beyond control (force majeure).
Analisis Yuridis Tindak Pidana Pelecehan Seksual Terhadap Anak Sebagai Korban Ditinjau dari Undang-Undang Nomor 35 Tahun 2014 Tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak (Studi Putusan Nomor 6/PID/SUS-ANAK/2024/PNJKT Sagala , Veronika; Sadat, Anwar
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1846

Abstract

This study aims to analyze the criminal act of sexual abuse against minors under 18 years of age in review of Law Number 35 of 2014 is a regulation that amends Law Number 23 of 2002 concerning child protection with a case review based on verdict number 6/PID/SUS-ANAK/2024/PNJkt.Brt. The method used is Normative juridical with data analysis from books, articles or journals, laws and regulations and other sources. The results showed that the implementation of the Law on Child Protection is still faced with a gap between regulation and practice as also experienced by the victim in decision number 6/PID/SUS-ANAK/2024/PNJkt.Brt. The verdict shows that there is still a lack of and limited psychological support such as the provision of rehabilitation and recovery of victims through psycho social which the state is unable to fulfill. As a result, this research recommends the need to increase public awareness and strengthen the legal system to protect children from sexual crimes.
Analisis Yuridis Terhadap Tindak Pidana Korupsi yang Melibatkan Pengurus Korporasi (Studi Kasus Putusan PN Jakarta Pusat No.49/Pid.Sus-Tpk/2024) Budiman, Arif; Ajie, Bintang Wicaksono
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1859

Abstract

This study analyzes the legal application in a corporate corruption case involving the director of PT ADI INTI MANDIRI, as outlined in the Central Jakarta District Court Decision No. 49/Pid.Sus-TPK/2024. The case arose from irregularities in the procurement of a monitoring system for Indonesian migrant workers under the Directorate of Overseas Employment, resulting in significant state losses. This analysis demonstrates that corporations can be held criminally liable for the actions of their executives, particularly in cases involving collusion and procurement manipulation mechanisms. In the court decision, the defendant was sentenced to imprisonment, fines, and restitution. This study employs a normative juridical research method to examine the ruling and relevant regulations. It highlights the importance of robust internal control systems to prevent abuses of authority within corporations. The findings reveal that strict law enforcement, supported by collaboration between the government, private sector, and civil society, is essential to prevent corrupt practices and establish a transparent and accountable business environment in Indonesia.
Tindak Pidana Penyalahgunaan Narkotika Gol I Bagi Diri Sendiri (Studi Kasus Perkara No.631/Pid.Sus/2023/PN.Jkt.Sel) Sembiring, Berlian Garuda; Myharto, Wiend Sakti
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1860

Abstract

Narcotics are substances or idrugs obtained from plant or non-plants, either through amixing process or naturaaly.This substances is capable of causing depression, as well as changes in consciousnes and loss of ttaste, reducing and eliminating suffering, thus causing attachment.The aim of the research is to find out or get what happenes at the end of the reserch.The research method uses a qualitative normative juridical method through approaching the court decision in Case No.631/Pid.Sus/2023/PNJkt.Sel and statutory regulations.Result obtained from the Agus Taufik Hidayat case carried out at the Southerm District Court which imposed sanctions in the form of detention and fines. This decission was not wise or appropriate because it did not take into account SEMA No:04 of 2010
Analisis Yuridis Tindak Pidana Pelecehan Seksual Terhadap Anak Sebagai Korban Ditinjau dari UndangUndang Nomor 35 Tahun 2014 Tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak (Studi Putusan Nomor 6/PID/SUS-ANAK/2024/PNJKT Matondang, Mulia Hamonangan; Nachrawi, Gunawan
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1861

Abstract

The principle of NEMO IUDEX IN CAUSA SUA is the principle that "no one may be a judge in their own case". Judges are prohibited from handling cases that have a very close relationship with them or their families. The use of this principle, which is related to Article 17 of Law No. 48 of 2009 concerning Judicial Power, is very important to implement so that the purpose of the Constitutional Court trial itself truly achieves its goal, namely preventing judges from taking sides in carrying out their duties in order to obtain decisions that truly have a value of justice for the disputing parties. This principle is certainly very much needed in the trial because the nature of the Constitutional Court's decision is final and binding, which means that the decision immediately has permanent legal force and no other legal remedies can be taken. Regarding the Constitutional Court's decision Number 90/PUU-XXI/2023 which challenges the requirement for presidential and vice presidential candidates to be at least 40 years old according to Law Number 7 of 2017 concerning General Elections, it is very clear that this principle is not applied. The proof is that the judge who was in court and even became the chief judge of the trial was directly involved in handling and even deciding this case. As is known, the one who benefits from this decision is the nephew of the chief justice himself. After this decision was issued, there were many pros and cons among the public. Public reactions were varied. Not a few people and legal experts strongly rejected this decision. The next problem after this decision was how the credibility of the Constitutional Court institution as a seeker of justice in this country. Public trust also faded and became pessimistic. The institution that the public had hoped for turned out to side with the authorities. It did not carry out its function as an independent supervisor in balancing power. In fact, this institution has become a judicial institution that carries out the will of the legislative and executive institutions.
Pertanggung Jawaban Hukum Terhadap Kenyamanan Konsumen Dalam Pertunjukan Film di Bioskop Ditinjau dari Undang-Undang Perlindungan Konsumen Laka, Merenggang Tegung; Tobing, Padimun Lumban
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1862

Abstract

Consumer comfort in the cinema experience is a right that cinema operators must uphold according to the Consumer Protection Law (UUPK) No. 8 of 1999. This study examines the legal responsibilities of cinema operators to ensure consumer comfort, including the quality of facilities, accurate information, and complaint mechanisms. A normative juridical research method is used, referencing the UUPK regulations as well as Law No. 33 of 2009 on Film. The study finds that consumer discomfort, such as inadequate facilities or misleading information, can result in consumer rights to seek legal accountability through complaints and compensation as outlined in Article 19 of the UUPK. Furthermore, the complaint mechanism through the Consumer Dispute Settlement Body (BPSK) functions to facilitate swift and efficient resolution of issues experienced by consumers. This study aims to serve as a reference for cinema operators to improve services and understand the legal consequences of unfulfilled obligations, while also educating consumers on their rights within the scope of film service provisions.
Pelecehan Seksual terhadap Anak Melalui Media Sosial dari Prespektif Hukum Pidana dan Perlindungan Anak Salsabila, Annisa Shafa; Prabandani, Hendra Wahanu
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1876

Abstract

The protection of children from sexual abuse in the digital era has become a crucial issue in Indonesia, along with the increasing access of children to social media. This study analyzes the relationship between sexual abuse of children through social media from the perspective of criminal law and child protection. In the digital era characterized by the rapid development of information technology, access to social media provides convenience for social interaction. However, this phenomenon also increases the risk of children becoming victims of sexual abuse. Data shows that more than 70% (seventy percent) of children in Indonesia have access to the internet, which makes them vulnerable to the actions of sexual predators. With the advancement of technology, sexual predators utilize digital platforms to exploit children. This research identifies various forms of abuse that occur on social media, including the sending of sexual content and requests to perform immoral acts. In addition, this analysis evaluates the effectiveness of existing laws, including the Criminal Code and the Child Protection Law, as well as challenges in implementation

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