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ANALISIS HUKUM TERHADAP KEWENANGAN MAJELIS PENGAWAS WILAYAH DALAM PENERAPAN SANKSI ATAS PELANGGARAN ADMINISTRASI YANG DILAKUKAN NOTARIS DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS
ANDRE PRIMA SEMBIRING
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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ABSTRACT The administrative sanction imposed on the notary who breaks the law by the Regional Supervisory Council are written and oral warnings and should use the strong principles, such as the council that imposes the sanctions should be competent in law and notary, and mechanisms of sanction imposition are based on the valid systems in Indonesia, and support the justice values and legal certainty. The sanction imposition should have legal efforts taken by the parties to guarantee legal certainty to look for legal justice The Regional Supervisory Council, in this case, becomes the instrument to enforce the laws in the scope of Notary Law should be fair and independent supported by the government. Keywords: Regional Supervisory Council, Administrative Sanction
ANALISIS YURIDIS PEMBAGIAN HARTA BERSAMA DALAM PERKAWINAN PASCA PERCERAIAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA BUKIT TINGGI NOMOR 618/PDT.G/2012/PA.BKT DAN YURISPRUDENSI MAHKAMAH AGUNG NOMOR 120K/SIP/1960)
DESICHA RATNA DEWI
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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The settlement of joint property after divorce is stipulated in Article 37 on the Marriage Law which states that in case a marriage is dissolved due to a divorce, the joint property is stipulated accordingly to respected laws. Yet in practice the Religious Court Ruling stands more in the position that joint property after divorce must he divided equally between the divorced husband and wife. However, over the time, the Ruling of Religious Court at Bukit Tinggi No 618/Pdt.G/2012/PA.Bkt states that joint property is divided with one-third for the husband and two-third for the wife. The ruling of Religious Court at Bukit Tinggi No. 618/Pdt.G/2012/PA.Bkt decision not to follow the provisions of the Marriage Act and the compilation of Islamic law and jurisprudence of the Supreme Court rule No. 120K / Sip / 1960 by some religious court judge still followed . Religion Hill High Court judge is a justice of the view if it does not divide the joint property is not as large , the division of joint property upon divorce is considered a sense of justice are taken into consideration in determining the portion of the part of joint property. Keywords: Divorce, Share of Property, Joint Property.
PERTANGGUNGJAWABAN DIREKSI TERHADAP KEPAILITAN PERSEROAN TERBATAS (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG No.05/PAILIT/2012/PN/NIAGA.SMG)
FENTY RISKA
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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Bankruptcy is a public confiscation upon the Bankrupt Debtor’s whole property which management and settlement are carried out by a Curator under the direction of the Supervisory Judge. The research used judicial normative and descriptive analytic. The consideration of the Commercial Judges as the District Court of Semarang declaring PT. Indonesia Antique to be bankrupt was that is was proved to have two creditors and to be unable to pay the creditors its debts that past due and were collectable, thus, it met the provision stipulated in article 2 of Law No. 37/2004 abut Bankruptcy and PKPU. In addition, the considerations of the Supreme Court judicial panel of the Republic Indonesia stated that, all land confiscated in Bankruptcy Verdict by the Commercial Court at District Court at district Court of Semarang was proved to be the proprientary assets of PT. Indonesia Antique that were used as the collateral for the debts payment of PT. Indonesia Antique to its creditors, and was, therefore, bound to the assets of Bankrupt Estates. Keywords : Liability of Board of Directors, PT (Limited Liability Company), and Bankruptcy
ANALISIS YURIDIS PENERAPAN PP NOMOR 47 TAHUN 2012 TENTANG TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN TERBATAS (STUDI PADA PTPN IV UNIT PASIR MANDOGE)
ABDUL AZIS MANURUNG
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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By the issuance of the Government Regulation No. 47/2012 on TJSL (Environmental and Social Responsibility) indicates that the responsibility of implementing Corporate Social Responsibility (CSR) does not only depends on commitment and voluntary moral actions but also on legal responsibility which is mandatory in the Indonesian legal sources like laws and government regulations as their operational manuals. The concept of CSR involves partnership responsibility among the government, Non-Government Organizations (NGOs), and stakeholders. BUMN (State-Owned Enterprises) is one of the government’s important elements in the strategic economic policy of the developing countries. Its existence has the most important influence on The Third World’s development. The existence of PTPN IV is expected to be able to increase the people’s economic quality. Keywords: Environmental, Social, Responsibility
HIBAH KEPADA AHLI WARIS TANPA PERSETUJUAN AHLI WARIS LAIN (STUDI PUTUSAN PA STABAT NOMOR 207/PDT.G/2013/PA.STB)
DEVI KUMALA
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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Based on Compilation of the Islamic Law, giving a hibah must be approved by the giver’s heirs and it not more than 1/3 of his property. If the other heirs feel that they are harmed, they can file a complaint to the ReligiousCourtto cancel the hibah.This is in line with Article 210, paragraph 2 of KHI.A Notary/PPAT is not responsible for an authentic certificate which has been made without the approval of one of the heirs if it is beyond his knowledge that there is another heir who does not approve of it, or the data are forged by keeping the existence of the heir secret, or one of the persons appearing is not the real person. However, if he knows that one of the heirs does not approve of it and the Notary is proved to attach falsified information, the Notarial/PPAT deed is legally cancelled and the Notary is responsible for his criminal act according to Articles 264, 266, 55 and 56 of the Penal Code. Judges’ legal consideration of the Verdict of the Religious Court No. 207/Pdt.G/2013/PA.Stb is by considering evidence that the hibah is not made authentically and the witnesses’ testimony states that hibah is not contributed to the other heirs, the consideration was that the heir has the right on the case object, based on his share. Keywords: Compilation of the Islamic Law, Hibah, Without Heirs’ Approval
ANALISIS YURIDIS PEMBERIAN IWADH DALAM GUGATAN CERAI MENURUT HUKUM ISLAM (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NO.248/K/AG/2011)
MASWIWIN MASWIWIN
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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Allah SWT determines the marriage whose aim is to realize the peace of life. Islam does not allow the painful life of a husband and a wife to occur. It is possible that they may to break the marriage tie in a good way with a consideration for the good of each other's lives. A divorce is not only due to husband’s willingness (talak divorce), but also because of the wife's request (claimed divorce). Based on the research results, the legal basis of iwadh payment in khulu’ divorce according to the Islamic Fiqh is the Allah’s words in the Koran in Al-Baqarah verse 229. The legal basis of iwadh payment in khulu’ divorce according to the Islamic Fiqh is the Allah’s words in the Koran in Al-Baqarah verse 229. The legal consequence after his wife paid iwadh was she got talak bain. The judge’s legal concideration to decide the case No.248/K/AG/2011 was surah An-Nisa verse 12. Keywords: Iwadh Payment, Divorce Claim, Islamic Law
KAJIAN HUKUM PERJANJIAN PERKAWINAN DI KALANGAN WNI ISLAM (STUDI DI KOTA MEDAN)
NOVI FAJAR ANGGRAINI
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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It organizes marriage property, either the property brought to a marriage by either side or joint property so that it can make legal certainty in controlling and utilizing it in the married life and in the post-divorce. The problems of the research were as follows: how about the regulation on making marriage contract based on the prevailing legal provisions, the Islamic point of view on a marriage contract made by the Islamic Indonesian citizens, and the practice in marriage contracts among the Islamic Indonesian citizens in Medan. The research used judicial normative and descriptive analytic methods in order to analyze the prevailing regulations in marriage such as Law No. 1/1974, Compilation of the Islamic Law (KHI), based on the Qur’an and Hadists. The data were gathered by conducting interviews with the Islamic married couples, the Islamic scholars, judges, and notaries in Medan who had the capability of being informants and source persons. The result of the research showed that the regulation on marriage contract is stipulated in Article 29 of Law No. 1/1974 on Marriage, Article 47 until Article 52 of KHI (Compilation of the Islamic Law), and Article 139 until Article 154 of the Civil Code. The Islamic law does not explicitly regulate marriage contract. Besides that, there is no single verse in the Quran and Hadists which forbids someone to make a marriage contract as long as it is not contrary to the Islamic doctrine and it gives the benefit to the married couples. Keywords : Marriage Contract, Islamic Indonesian Citizen, Medan
ANALISIS YURIDIS HAK DAN KEWAJIBAN NOTARIS DALAM PERJANJIAN KERJASAMA REKANAN BANK
RAHMAT MULIADI
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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The problems of the research were as follows: how about legal correlation between a Notary as a public official and a Bank, how about a Notary’s right and obligation in a cooperative agreement between a Notary and a Bank for notarial service, and how about the implementation of a cooperative agreement between a Notary and a Bank concerning a Notary’s independency. The result of the research shows that the relationship between a Notary and a Bank is based on contractual relation, a contract which is signed underhandedly which is called “Cooperative Agreement on Notarial Service”. The right and obligation of both parties is that the Bank has the right to get Notarial services in drawing up authentic deeds while the Notary has the obligation do his job according to the Bank’s interest. In its implementation, this agreement violates Article 16, paragraph 1, letter a of UUJN and Article 3, paragraph 4 of Notarial Code of Ethics, which make a Notary is not independent and takes side with the Bank Keywords: Cooperative Agreement, Notary, Bank
PERANAN, KEWENANGAN DAN KEDUDUKAN DEWAN KOMISARIS DALAM PERSEROAN TERBATAS
SANGANA TIMOR LUMBAN SIANTAR
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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Limited Liability Company is a facility of economic activity in the form of a legal entity. A Limited Liability Company has three organs such as the General Meeting of Shareholders, Board of Directors, and Board of Commissioners. Especially, the function of the Board Commissioners is to oversee the Board of Directors in accordance with the regulation regulated in Law No. 40/2007. A significant amandement found in the new Law No. 40/2007 on Limited Liability Company is about a bigger responsibility of the Board Commissioners that the implementation of the function and role of the Board of Commissioners and their duties in a Limited Liability Company needs to be explained. It is suggested that the authority of Board of Commisioners will implemented well if supported by the harmonious relationship with the parties bound to the Limited Liability Company that the goals of the company can be easily achieved and the interaction between the Board of Commissioners and the Board of Directors in terms of supervision can run well and is not in conflict with Law No. 40/2007. Keywords: Limited Liability Copany, Board of Commisioners, Authority
MEKANISME PENGGUNAAN SEBAGIAN HAK PENGELOLAAN (HPL) BANDARA KUALA NAMU OLEH PIHAK KETIGA
YUHENI HASARIAH SIREGAR
PREMISE LAW JURNAL Vol 4 (2016): Volume IV Tahun 2016
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Right of Management is the Right of Use given by a nation which the implementation authority is delegated partially to the rights holder. The authority includes the right to use the land for the sake of a business and the authority of handover parts of the land to a third party. The need of land in order to increase a business activity is getting higher. Therefore, a right is needed to give high authority to the right holder to plan the allocation and use of land in question of his business growth.Legal guarantee is covering status, subject and object of right of management. The guarantee of legal protection covers the security of rights holders to use the land without geting any interference or claim from other parties. This research aimed to know the implementation of the release of right of use space which was Kuala Namu International Airport’s right of management to the third party by PT. ANGKASA PURA II. This research used descriptive analytical method with juridical approach by collecting the data related to the problems in PT. ANGKASA PURA II. Keywords: Right of Management, Mechanism, Third Party