scholarly journals Pengaturan Rangkap Jabatan Notaris dengan Anggota Dewan Perwakilan Rakyat

2020 ◽  
Vol 4 (2) ◽  
pp. 250
Author(s):  
Bima Ridho Halim ◽  
Rachmi Sulistyarini
Keyword(s):  
House Of Representatives ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Notary Public ◽  
Materials Used ◽  
Evaluation Techniques ◽  
The Ideal ◽  
Laws And Regulations

The purpose of writing this article is to discuss the harmonization of regulation towards a double position of notary and members of the House of Representatives and the ideal formulation of regulations regarding dual notary positions. The method used is normative legal research with a statutory approach, a comparative approach, and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed using grammatical, systematic, interpretation, explanatory, and evaluation techniques. Harmonization of laws and regulations relating to someone who holds a concurrent position as a notary and a member of the House of Representatives is very important to meet legal certainty. The notary who is elected as a member of the House of Representatives must release his position as a notary public. Notaries can be re-becoming a notary public if they are no longer members of the House of Representatives.

scholarly journals Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak

2021 ◽  
Vol 1 (1) ◽  
pp. 107
Author(s):  
Meirina Nurlani
Keyword(s):  
Child Labor ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Beings ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
Keywords Child ◽  
Materials Used ◽  
Laws And Regulations

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company.  Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

scholarly journals Kewajiban Dan Tanggung Jawab Notaris Sebagai Pejabat Umum

Acta Comitas ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Abdullah Dian Triwahyuni
Keyword(s):  
Social Services ◽  
Ethical Behavior ◽  
Public Official ◽  
Conceptual Approach ◽  
Administration System ◽  
Administrative Systems ◽  
Notary Public ◽  
Materials Used ◽  
The Aesthetic ◽  
Laws And Regulations

The position of notary has been regulated in Act Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN-P). Even so, philosophical and technical notary obligations and responsibilities are not regulated in detail in these laws and regulations, leading to the absence of a barometer that becomes a standard for notary behavior, notary office administration system, and notary office governance that applies universally. This has caused in some instances negative views on the notary profession in the community. One of the negative views is because the morality of the notary is not in tune with ethical behavior in society. Negative views also arise due to the administration of notary office administration and the layout of the notary office that does not meet the aesthetic element. The situation made the notary public seem unprofessional in providing social services in his function as a public official. Then what should be the notary morality? How about a good notary office administration? How should the notary manage his office? The writing of this article uses normative research using a positive legal approach and a conceptual approach. Sources of legal materials used are primary legal materials and secondary legal materials. Legal materials were analyzed using descriptive techniques. The results of this study indicate that there are not yet detailed and universal rules regarding the obligations and responsibilities of notaries sociologically and technically in providing social services, but the values ??that live and develop in society can be used as benchmarks for notary behavior and administrative systems notary office and notary office governance.

scholarly journals Kekaburan Norma dalam Pasal 55 Undang-Undang Nomor 24 Tahun 2011 Tentang Badan Penyelenggaraan Jaminan Sosial

Media Iuris ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 341
Author(s):  
Andrias Winarno ◽  
Bambang Bambang Sugiri ◽  
Yuliati Cholil
Keyword(s):  
Research Method ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Ideal

AbstractThe issues that will be examined in this article relate to the vagueness of norms in Article 19 paragraph (1) and paragraph (2) in conjunction with Article 55 of the BPJS Law. The confusion of norms occurs because there are no clear boundaries regarding the elements in the article so that in practice there is some information that can be provided in BPJS contributions. This paper will examine what actually urges criminal acts in the BPJS Law and what the concept of classification should be. This article uses a normative legal research method with a statute approach and a conceptual approach. The results show that the urgency of regulating criminal acts in Article 55 of the BPJS Law includes legal certainty, authority, and legal benefits. The ideal concept of conception can be arranged in the aspect of the table, from light to heavy with a certain time limit.Keywords: Obscurity Norm; BPJS Law; Classification of Crime.AbstrakPermasalahan yang akan dikaji dalam artikel ini berkaitan dengan kekaburan norma dalam Pasal 19 ayat (1) dan ayat (2) juncto Pasal 55 UU BPJS. Kekaburan norma tersebut terjadi karena dianggap tidak adanya batasan yang jelas mengenai unsur-unsur pelanggaran pada pasal tersebut sehingga dalam prakteknya terdapat beberapa pelanggaran keterlambatan perusahaan dalam membayar iuran BPJS. Tulisan ini akan menelaan apa sesunggunya urgensi klasifikasi tindak pidana dalam UU BPJS dan bagaimana konsep ideal klasifikasi yang seharusnya. Artikel ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undang dan pendekatan konseptual.   Adapun hasil penelitian menunjukkan bahwa urgensi diaturnya klasifikasi tindak pidana dalam Pasal 55 UU BPJS meliputi kepastian hukum, efektivitas norma dan kemanfaatan hukum. Konsep ideal klasifikasi dapat meliputi pengaturan di aspek keterlambatan, mulai dari ringan hingga berat dengan batasan waktu tertentu.Kata Kunci: Kekaburan Norma; UU BPJS; Klasifikasi Tindak Pidana.

scholarly journals Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

2020 ◽  
Vol 9 (3) ◽  
pp. 182-190
Author(s):  
Hendra Kurnia Putra ◽  
Sudarsono Sudarsono ◽  
Istislam Istislam ◽  
Aan Eko Widiarto
Keyword(s):  
Comparative Law ◽  
Legal Basis ◽  
Legal Research ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Secondary Sources ◽  
Legal Legitimacy ◽  
Governmental Power ◽  
Materials Used ◽  
Laws And Regulations

The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.

scholarly journals PEMBATASAN JUMLAH PEMBUATAN AKTA NOTARIS OLEH DEWAN KEHORMATAN PUSAT IKATAN NOTARIS INDONESIA

2018 ◽  
Vol 25 (2) ◽  
pp. 158
Author(s):  
Heni Kartikosari ◽  
Rusdianto Sesung
Keyword(s):  
Research Method ◽  
Board Of Trustees ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
The People ◽  
Notary Public ◽  
Central Board

To protect the Notary Public Offices and the people who use Notary services related to the legal certainty of the deed made by the Notary, the Central Board of Trustees of the Indonesian Notaries Association issued the Regulation of the Central Board of Honor No. 1 of 2017 on the Fairness Limit of Number of Permanent Deeds. The regulation is determined by the Central Board of Trustees that the limit of fairness in the deed per day is 20 (twenty) deeds. In the fact, there are so many notaries that broke the regulation. So, it must be cleared by a juridical research against that phenomenon. The research method used is normative legal research, that is legal research conducted by examining library materials or secondary law material while in searching and collecting data is done by two approaches, that is law approach and conceptual approach.

scholarly journals Strengthening Legal Certainty on the Electronic Registration System of Fiduciary Deed in Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 53
Author(s):  
Maria Pranatia
Keyword(s):  
Legal Status ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Registration System ◽  
Notary Public ◽  
The Government ◽  
Harmonization Of Law ◽  
Legal Grounds ◽  
The Ideal

<p>Fiduciary guarantee constitute a type of guarantee commonly used by the business society to obtain loan from Banks or other financial institutions. Administratively, since the government established an electronic fiduciary registration system, the system has in fact, not been fully supported by appropriate legal grounds. This research aims to explore and analyze regulations regarding the legal status of fiduciary agreements along with its electronic registration system and the role of Notary Public with the aim of providing recommendation to the ideal registration system supported by proper laws and regulations. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, comparative approach and conseptual approach. The results of the study essentially emphazied the need for amandement and harmonization of Law No. 45/1999 concerning Fiduciary Guarantee as well as its implementing regulations. Ultimately, the Indonesia fiduciary guarantee and its registration system will always in harmony with the values of legal certainty, justice and usefulness.</p>

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

scholarly journals The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah
Keyword(s):  
South Africa ◽  
South Korea ◽  
Judicial Review ◽  
Research Method ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Case Number

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

scholarly journals Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor

2019 ◽  
Vol 4 (2) ◽  
pp. 99-134
Author(s):  
Nurlindah Nurlindah ◽  
A. Sugirman ◽  
Rosita Rosita
Keyword(s):  
Islamic Law ◽  
Supreme Court Decision ◽  
Vice President ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Track Record ◽  
General Elections ◽  
Election Commission ◽  
Executive Body

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

Sign in / Sign up

Export Citation Format

Share Document