scholarly journals Legal Certainty in Judge's Decision Against Perpetubuhananak Criminal Actors Sentenced to Prison Under Special Minimum Limits (Case Study Number 38 / Pid.Sus / 2019 / Pn Pdg)

2020 ◽  
Vol 7 (7) ◽  
pp. 726
Author(s):  
Fuad Ar Rahim ◽  
Ismansyah Ismansyah ◽  
Aria Zurnetti
Keyword(s):  
Child Protection ◽  
Secondary Data ◽  
Deterrent Effect ◽  
Prison Sentence ◽  
Legal Certainty ◽  
Minimum Threshold ◽  
Legal Norms ◽  
Case Number ◽  
Practical Level

The Judge's decision is closely related to how the Judge expresses his opinion or consideration based on the facts and evidence in the trial and the Judge's confidence in a case he is trying. Even though the Judge has free or independent power to impose his decision, the prison sentence is still below the specific minimum limit, causing controversy or debate, especially regarding what legal norms are used by the Judge in deciding the case, so that the Judge leaves aside the special minimum threat which is expressly regulated in the Child Protection Act. The verdict in the form of imprisonment imposed under this special minimum threshold can be considered too light and it is feared that it will not cause a deterrent effect for the perpetrators in the future and may damage the legal certainty as mandated in the Child Protection Act. This can be seen in the Padang district court's decision Case number 38 / Pid.Sus / 2019 / PN Pdg, the judge handed down a prison sentence below the specific minimum against the Defendant. The method used in this research is normative juridical method. This type of research is descriptive using secondary data. The results of the study show that 1) Judge's considerations in imposing a criminal sentence under the threat of a specific minimum prison sentence against the Defendant are based more on non-juridical considerations which are then used as judicial considerations of the Judge by observing the reconstruction of legal facts revealed at the trial and guided by Circular Supreme Court Number 1 Year 2017; 2) Judge's consideration of the conviction under a special minimum threat as the case above raises legal uncertainty both at the normative level and at the practical level.

scholarly journals TINJAUAN YURIDIS TENTANG GABUNGAN TINDAK PIDANA SEBAGAI HAL YANG MEMBERATKAN PIDANA Studi Kasus: Putusan Perkara Nomor:141/Pid.B/2018/PN Mrj (Pencurian)

2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Prison Sentence ◽  
Legal Certainty ◽  
The Family ◽  
Sense Of Justice

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

scholarly journals Analisis Hukum Penyelesaian Sengketa Murabahah di Pengadilan Agama

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Afifi Tita Zahra ◽  
Muhammad Naim
Keyword(s):  
Dispute Settlement ◽  
Civil Law ◽  
Secondary Data ◽  
Judicial Power ◽  
Primary Data ◽  
Research Use ◽  
Use Case ◽  
Factors Affecting ◽  
Case Number

It is mentioned in the laws article 49 No 3 2006 that one of religious court’s duty is to solve murabahah dispute. However, a case related to murabahah dispute number 2860/Pdt.G/2013/PA.Mr. which is submitted to MojokertoReligius Court was rejected by judges. This research attempt to analyse this (1) What is judges consideration in charge of settling murabahah dispute in a verdict number 2860/Pdt.G/2013/Pa.Mr? (2) What factors affecting the judges verdict number 2860/Pdt.G/2013/Pa.Mr? (3) How do the murabahah financing products eligible with religious advice DSN Indonesian Ulamas Council in terms of murabahah financing? This research use case study. The primary data was taken in Mojokerto Religious Court with the case number 2860/ Pdt.G/2013/Pa.Mr while the secondary data based on law books and journals which is related to sharia economy. Data was collected by using interviews and documentation.This research conclude this (1) The judges decided to not accept the case number 2860/Pdt.G/2013/Pa.Mr because the murabahah agreement which contain dispute settlement should be resolved through the arbitration institution (BASYARNAS). (2) Factors that influence judges verdict was law and rules that regulate arbitration which is consist of laws No 1 21/2008 on Sharia Banking article 55, Laws no 48 2009 about Judicial Power article 59, article 1338 the Book of Civil Law and article 21 (3) In addition, a case number 2860/pdt.g/2013/pa mr in form of loan capital was not in accordance with MUI teaching number 4/DSN-MUI/IV/2000 that govern murabahah only for purchase of goods.  Keyword : murabahah, dispute settlement, religious court. 

scholarly journals WANPRESTASI TERHADAP AKTA PENGAKUAN UTANG DIBAWAH TANGAN DENGAN JAMINAN SERTIFIKAT HAK MILIK ATAS TANAH DITINJAU DARI PASAL 12 UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ( Analisis Putusan Kasasi Nomor 837 K/Pdt/2019 )

2020 ◽  
Vol 3 (1) ◽  
pp. 105
Author(s):  
Aria Dimas Harapan ◽  
Andi Safira Yan Istiany
Keyword(s):  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Norms ◽  
Civil Case ◽  
Sense Of Security ◽  
Ratio Decidendi ◽  
Credit Agreement ◽  
Case Number ◽  
Legal Consequences

Starting from the need for capital, in practice some people are reluctant to make credit with banks, because the process is considered difficult, and too convoluted. Therefore, some people prefer to borrow a certain amount of money from individuals or what is better known as debt or credit. Talking about the debt and credit agreement, it will be closely related to collateral because every creditor needs a sense of security for the funds he lends. The author's research is made to examine and find out what efforts can be made if there is default in an underhand debt acknowledgment that guarantees the title of title to land without being preceded by a principal agreement, as well as the judge's consideration (Ratio Decidendi) in the Cassation Decision Number 837K / Pdt / 2019 concerning default in the debt acknowledgment. The research method used in this study is a descriptive normative juridical approach, namely research that refers to the legal norms contained in statutory regulations and court decisions. The results of the research obtained by the author in this study are the first consideration of the judge in deciding Case Number 837 / K / Pdt / 2019 is not quite right because in theory the judge's decision overrides legal certainty for a civil case by deciding in default of a debt acknowledgment, which then the judge also also declared null and void the debt acknowledgment. Where based on the provisions of Article 12 of Law Number 4 of 1996 concerning Mortgage Rights, the guarantee which is the object of the author's research, is a forbidden cause that is contrary to the validity of an agreement, so that the legal consequences are null and void from the start without having to obey prior default in the debt recognition deed. So that the author's suggestion is necessary for parties who want to carry out lending and borrowing activities, especially in terms of debt and credit, first understand any rules and legal norms that apply to their actions, so that they will not cause losses among the parties who bind themselves in the future.

scholarly journals Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 147
Author(s):  
Nur Dwi Edie W ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Field Observation ◽  
Justice System ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Observation Methods ◽  
Case Number

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code.�Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.

scholarly journals Criminal Liability of Political Parties in Corruption Criminal Offense

2021 ◽  
Vol 8 (10) ◽  
pp. 216
Author(s):  
Prima Sophia Gusman ◽  
Oce Madril
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Criminal Liability ◽  
Secondary Data ◽  
Deterrent Effect ◽  
The Political ◽  
Legal Regulations ◽  
Criminal Offense ◽  
Legal Norms ◽  
Criminal Sanctions

This research aims to analyze the criteria of political parties’ criminal liability on corruption criminal offense and the obstacles of law enforcement. It also aims to analyze the regulations and its application in the future. This is normative research that uses literature review. It analyzes secondary data in the form of primary, secondary, and tertiary legal materials. The research results show: (1) criminal liability of political parties in corruption cases may only be demanded if the crime is carried out in the name of the political parties or if it is based on a mandate of that party; (2) the juridical factors which inhibits criminalization of political parties include the corruption regulations’ incapability to penalize them, there are contradictive legal norms between that of corporations and political parties, and that not all corporate criminal sanctions may be imposed to political parties; and (3) it is hoped that the legal regulations on corruption may categorize political parties as corporations, to give a deterrent effect to political parties involved in corruption.

scholarly journals Substitute Public Notary Accountability Process The Negligent In Agreement (Case Study In Semarang)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 797
Author(s):  
Angga Wisnu Firmansyah ◽  
Maryanto Maryanto
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Norms ◽  
Legal Position ◽  
Data Library ◽  
Legal Force

Notary is within the meaning of the Act No. 30 of 2004 concerning Notary in Article 1 is mentioned sense Public notary officials who are authorized to make an authentic agreement and other authorities referred to in this Act. But not forever Notaries can continue to work, in this case, a notary can appoint a replacement to run the temporary Notary and his task. Substitute Notary has the same authority to the notary replaces. With their equality between the legal position with the Substitute Public Notary, then there are no doubts anymore that the agreement made by Notary Substitutes have the same legal force by agreement of Notary. This study is a socio-juridical, then studied at first is by using secondary data library materials and then proceed with research on primary data obtained from the field by taking into account the applicable legal norms connected with the facts found from the study.Keywords: Authority; Notary; the Notary Substitute Responsibility.

scholarly journals Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
State Court ◽  
Sociological Approach ◽  
Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

scholarly journals LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA)

2021 ◽  
Vol 2 (2) ◽  
pp. 95-108
Author(s):  
Puspita Putri Ramadhani ◽  
Hasbir Paserangi ◽  
Wiwie Heryani
Keyword(s):  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Legal Consequence ◽  
Study Case ◽  
Written Law ◽  
Formal Requirements ◽  
Case Number ◽  
Laws And Regulations

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.

scholarly journals Urgensi Perceraian Pernikahan Siri di Pengadilan Agama Stabat

2021 ◽  
Vol 3 (2) ◽  
pp. 280-289
Author(s):  
Diyan Yusri ◽  
Satria Aridarma
Keyword(s):  
Secondary Data ◽  
Study Data ◽  
Court Case ◽  
Literature Study ◽  
Analysis Techniques ◽  
Library Research ◽  
Religious Courts ◽  
Case Number ◽  
Case Study Data

This research is titled Urgency of Divorce of Siri Marriage in Stabat Religious Court (Case Study of Stabat Religious Court Case Number 583). The background of this title is the existence of a marriage of siri which is carried out by a man and woman, but when he wants to get a divorce the wife makes a divorce to the Stabat Religious Court. The main problem in this study is what is the urgency or encouragement of the wife to make a divorce suit to her husband in the Stabat Religious Court even though they only do a series of marriages. This research is a type of library research (library research) which is a case study. Data in the form of the decision of the Stabat Religious Court number 583 / Pdt.G / 2019 / PA.Stb, secondary data books relating to the title that supports the research. Data collection techniques documentation, interviews and literature study. Content analysis techniques. Based on the results of the study, it was found that the Stabat Religious Court accepting divorce lawsuits from Siri marriages is to avoid any harm and to gain goodness both legally and philosophically. The urgency of divorce carried out in the Religious Courts is in order to obtain legal certainty of divorce and to facilitate all administrative matters for children born from such marriages. And in essence the divorce suit from the marriage of siri which is granted is to avoid harm and gain benefit.  Key wodrs: Perceraian, Nikah, Siri

scholarly journals LEGAL EFFORTS OF EXECUTION APPLICATION AGAINST JOINT TREATMENT DECISIONS (Study of the Implementation of Decisions on the Decisions of Religious Courts Number: 0701 / Pdt.G / 2014 / PA.Mlg)

2019 ◽  
Vol 3 (1) ◽  
pp. 105
Author(s):  
Tinuk Dwi Cahyani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Certainty ◽  
Principles Of Justice ◽  
Religious Courts ◽  
Case Number ◽  
Joint Treatment ◽  
Legal Force

Case Number: 0701 / Pdt.G / 2014 / PA.Mlg is the product of the Malang Religious Court which has permanent legal force. In fact, after the ruling gets permanent legal force, it is known that the parties have a joint debt which causes problems for the parties who are responsible for paying off the joint debt if the decision only regulates the share of each of these assets. The problems in this study are: 1) The judge's decision regarding the division of joint assets in terms of legal certainty and justice in the decision Number: 0701 / Pdt.G / 2014 / PA.Mlg. 2) The implementation of sharing the shared assets 3) The implementation of shared debt division if there is no decision by the judge, in fact there is a joint debt. The author uses an empirical juridical research method located in the Malang Religious Court. Primary data is obtained by interviewing the Head and the Registrar of the Malang Religious Court and the Judge who handled the case Number: 0701 / Pdt.G / 2014 / PA.Mlg and the secondary data is obtained from research and literature review which consisted of laws and other legal materials which are relevant. Regarding the opinion of the Panel of Judges on the decision of 0701 / Pdt.G /2014 / PA.Mlg it can be learned from legal considerations in the a quo decision. In general, the principles of justice and legal certainty must be upheld. Justice must be upheld in accordance with the provisions of Article 35 to 37 of Act Number 1 of 1974 concerning Marriage, Article 85 up to Article 97 of the Compilation of Islamic Law.

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