scholarly journals PERTANGGUNG JAWABAN NOTARIS DALAM PEMBUATAN AKTA BERDASARKAN PEMALSUAN SURAT OLEH PARA PIHAK

Acta Comitas ◽  
2017 ◽  
pp. 161
Author(s):  
Putu Vera Purnama Diana ◽  
I Ketut Mertha ◽  
I Gede Artha
Keyword(s):  
Code Of Ethics ◽  
Civil Law ◽  
Criminal Code ◽  
Administrative Law ◽  
False Information ◽  
Legal Study ◽  
Research Results ◽  
Criminal Sanctions ◽  
Legal Sanctions

Law No. 30 of  2004 (UUJN) as well as in Law No. 2 of 2014 about Amendment of  the Notary position law (UUJN Amendment) have not set the presence of legal sanctions on delinquency of article 15 of the UUJN Amendment in relation to the criminal aspect which is when the notary is not applying the article provisions will lead to the acts of falsifying letters or certificates as referred in article 263, 264, and 266 of  the Criminal Code (KUHP) that will give  disadvantage to the concerned  parties. Therefore, this study attempts to analyze and answer issues concerning the responsibility of a notary in the case of letter  forgeries committed by the parties on making deed according to the Notary law. And could notary asked to held for accountability when there  disadvantages of either party as a result of false documents from other party This research qualified as a normative legal study that starts from the nonexistent norm. The research source was obtained from primary legal materials, secondary legal materials and tertiary legal materials. Legal materials that have been gathered up later been systematized, analyzed and given argumentation  to obtain conclusions on the issues discussed in this thesis. The research results showed that the responsibility of Notary in case of letter forgeries committed by the parties to making notary deed according to UUJN and UUJN Amendment is when the notary running their duty proved to have violated, notary have to responsible in accordance with the action in terms of accountability of the Administrative Law, Civil Law, which is in accordance with the sanction provision set forth in Article 84 and 85 of UUJN Amendment and code of ethics, but in UUJN and UUJN Amendment did not yet provide criminal sanctions. In practice it is found the fact that this violation is classified as a crime act committed by a Notary. Notaries can not be asked to held the resposibilities when there is disadvantage of either party as a result of false documents from other party, because Notary only record what was presented by the parties to be poured into the deed. False information that  submitted by the parties is the responsibility of the parties. In other words, which can be accounted for by a notary is fraud or trickery when it comes from notary own.

scholarly journals Pengaturan Sanksi Pidana Bagi Pelaku Pembakaran Hutan

2021 ◽  
Vol 2 (2) ◽  
pp. 313-319
Author(s):  
Sang Bagus Nyoman Wahyuda Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
Legal Code ◽  
Regulation Scheme ◽  
The Republic ◽  
Statutory Regulation

The base burning which is getting more and more massive every year in the archipelago because of the large number of land clearing by burning forests. For this reason, the burning of the widening of the plinth can cause natural destruction to disturb the fitness of the residents, to be quietly located, and to obtain a good and fit nature of life, which is the feasibility of such citizens as voiced in Article 28 h paragraph (I) of the 1945 Constitution of the Republic of Indonesia. The purpose of this study was to determine the legal arrangements for forest burning agents and to know the criminal sanctions for forest fire offenders. The method used in the preparation of this research is a normative legal study using a problem study using a legal basis that applies to laws and regulations contained in the literature. The method used for the following research is juridical normative, analytical descriptive in nature, and using the statutory regulation scheme, the executor of the scorching action of bases and land that continuously carries out scorching grounds should be carried out under criminal law, civil law in the form of penalties and administrative law takes the form of abolishing the business permit management permit. Law Number 41 Year 1999 Law Number 19 Year 2004 regarding Reason, Law Number 32 Year 2009 regarding Environmental Protection and Management, Civil Code, Criminal Code and Legal Code The administration, in fact, is unable to make a sense of the craving for the executors of the crime of burning forests and land who carry out scorching of bases and land because there is still a problem of burning the base.

scholarly journals Akibat Hukum serta Sanksi Pemalsuan yang Dilakukan Notaris Kepada Penghadap Ketika Pembuatan Akta Otentik

Acta Comitas ◽  
2021 ◽  
Vol 6 (02) ◽  
pp. 248
Author(s):  
Ni Made Lalita Sri Devi ◽  
I Ketut Westra
Keyword(s):  
Code Of Ethics ◽  
Civil Law ◽  
Legal Protection ◽  
Criminal Code ◽  
District Court ◽  
Research Approach ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Administrative Sanction

Abstract This study was intended to give an understanding regarding Notary responsibility arrangements of the Notary who commits violation in carrying out the position as well as provides legal protection that is obtained by the party against the data falsification by a Notary. The research of this normative law examined the norm that happens, such as a norm vacuum that does not regulate criminal sanctions in Laws of Notary. This research contained several sources, such as premier, secondary, and tertiary laws. Furthermore, the research approach was done by the conceptual approach that analyzes the concept of organizing violations by the notary. The result of this research was the Notary deed can be requested for the deed to be annulled based on the legally binding decisions determined by the District Court, then, the Notary Deed can be disqualified and can be avowed as the non-binding deed for the parties who made it. The sanctions of the Notary who falsified the data in making the authentic deed are, administrative sanction or the notary code of ethics, the sanction based on The Civil Law Code, and the sanction based on Criminal Code. The Notary can also be sued for compensation if the violation that is done by the notary causes a deed becomes an inauthentic deed and be relegated to the deed for who made it. This is the protection that can be given to the party if a Notary does not carry out the duties and obligations. Abstrak Tujuan penulisan ialah memberikan pemahaman terkait pengaturan ”tanggung jawab Notaris yang melakukan pelanggaran dalam menjalankan jabatannya serta”  memberikan perlindungan hukum yang diperoleh penghadap atas pemalsuan data yang dilakukan Notaris. Penelitian hukum normatif ini menelaah persoalan norma yang terjadi yaitu suatu kekosongan norma tidak diaturnya mengenai sanksi pidana dalam UUJN. Penelitian ini memuat sumber-sumber yaitu hukum bahan hukum primer, sekunder serta tersier. Selanjutnya, pendekatan penelitian dilakukan melalui pendekatan konseptual yang menganalisa konsep penyelenggaraan pelanggaran oleh Notaris. Hasil penulisan menunjukkan akta Notaris dapat dimintakan untuk akta dibatalkan, berdasarkan keputusan yang sudah berkuatan hukum tetap yang ditetapkan oleh pengadilan negeri tersebut maka akta Notaris dapat dibatalkan dan dinyatakan sebagai akta yang tidak mengikat bagi para pihak yang membuatnya. Adapun sanksi bagi Notaris yang melakukan pemalsuan data dalam pembuatan akta otentik ialah sanksi administratif atau Kode Etik Notaris, sanksi menurut hukum KUH Perdata, sanksi menurut KUH Pidana. Notaris juga dapat digugat ganti rugi apabila pelanggaran atau kesalahan yang dilakukan Notaris mengakibatkan suatu akta menjadi tidak otentik dan terdegradasi menjadi akta di bawah tangan. Inilah bentuk perlindungan yang diberikan kepada penghadap jika seseorang Notaris tidak melaksanakan tugas dan kewajibannya.    

scholarly journals Islamic Law Analysis of Criminal Sanctions for Abortion in the Criminal Code: A Call for Reform

2021 ◽  
Vol 58 (1) ◽  
pp. 5398-5407
Author(s):  
Ishaq, Maratun Saadah
Keyword(s):  
Data Collection ◽  
Criminal Law ◽  
Islamic Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
Library Research ◽  
Legal Literature ◽  
Legal Sanctions

This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make the perpetrators not deterred, as a result the purpose of punishment is not achieved. Therefore, it needs to be updated by including the value of Islamic legal sanctions in the form of fines (diat), so that the purpose of punishment can be achieved.

scholarly journals Reputation of a Local Government Unit – Legal Aspects

2020 ◽  
Vol 2 ◽  
pp. 149-162
Author(s):  
Wojciech Szczotka
Keyword(s):  
Local Government ◽  
General Public ◽  
Civil Law ◽  
Legal Aspects ◽  
Administrative Law ◽  
Civil Code ◽  
False Information ◽  
Legal Remedies

The issue of reputation of a local government unit is located on the border of two important branches of law – civil and administrative. Reputation is a category of civil law – it is a personal right vested in legal persons, while the issue related to local government units concerns institutions in the field of administrative law. Reputation of a local government unit may be violated in two cases. Th first of them consists in spreading false information about the entity, which also undermines its reputation. In the second case, there is a violation of good name when publishing evaluative statements in which the respective subject is criticized, lacking in the constructive feature. In order for the reputation of a municipality, poviat or voivodeship to be violated, it can be addressed to both their organs, self-government organizational units and their employees, as well as the general public of their residents as well as a local government unit as an unspecified whole. Local government units have the same legal remedies as all other civil law entities provided for in the Civil Code, i.e. claims under Art. 24 and 448.

scholarly journals About exposers of corruption and criminal law

2020 ◽  
Vol 2 (2) ◽  
pp. 141-146
Author(s):  
Volovymyr Shablystyy
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Civil Liability ◽  
Criminal Code ◽  
False Information ◽  
Strong Belief ◽  
Inaccurate Information ◽  
False Report ◽  
Corruption Prevention ◽  
First Time

Amendments to the Criminal Code of Ukraine and other laws on corruption exposers, especially their right to remuneration for reporting corruption, have been considered. The problem of existence of other violations of the Law of Ukraine "On Corruption Prevention" for which no criminal, administrative, disciplinary and / or civil liability has been established and for which the exposer can report has been identified. The author has emphasized that if it is not proved that the exposer made a knowingly false report, then the person suspected of something does not even have the opportunity to defend his/her honor and dignity in court. He has assumed that for the first time at the level of law the form of guilt of the exposer is indicated, which does not exist - unintentional communication of inaccurate information by the exposer. It has been proved that the legislator's disregard for the principles of criminal law and the rules of legislative technique lead to a constant scholastic update of anti-corruption legislation. Failure to take into account the grounds and principles of criminalization of dangerous acts makes amendmets to the Criminal Code of Ukraine "stillborn", no matter how many exposers report them in case of their internal strong belief in the presence of signs of corruption or corruption-related offenses. It has been alleged that the exposer may not expect a remuneration for reporting false information in any case. Illegal enrichment cannot and will never be a corruption crime, it is the result of committing truly corrupt crimes, and therefore the exposer may not expect a reward again. To eliminate these contradictions, the author has proposed in Note 2 to Art. 45 of the Criminal Code of Ukraine to determine the list of crimes related to corruption, and to make the person of the exposer responsible at least in part of the apology for the disclosure of information that has not been confirmed by the court. To implement such proposals, not only forensic scholars should be invited to the discussion, but also experts in the field of administrative responsibility, labor and civil law and procedure.

Sanksi Pidana Terhadap Pelaku Pemotong Dana Bantuan Sosial Covid - 19

2021 ◽  
Vol 2 (2) ◽  
pp. 255-260
Author(s):  
Kadek Agus Indra Ana Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Social Assistance ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Legal Method ◽  
Procedure Code ◽  
Legal Sanctions ◽  
The Law ◽  
Materials Used

The criminal act of embezzlement and fraud committed by deducting the Covid-19 social assistance funds, specifically the provisions in article 372 of the Criminal Code. Meanwhile, fraud is regulated in Article 378 of the Criminal Code. This research focuses on criminal or legal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the law, namely the Criminal Procedure Code (KUHP). The purpose of this research is to regulate legal sanctions against perpetrators of Covid-19 social assistance fund cutters. It applies the normative legal method by using a conceptual and a case approach.. The sources of legal materials used are primary, secondary and tertiary sources of law. The technique of collecting legal materials is done by recording, quoting, reading, and summarizing the literature related to the formulation of the problem which is then analyzed systematically. The result of the research shows that the criminal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the Criminal Procedure Code (KUHP), are regulated in article 372 of the Criminal Code for embezzlement, while fraud is subject to article 378 of the Criminal Code. The perpetrator was charged in accordance with Article 372 regarding embezzlement and Article 378 of the Criminal Code regarding the criminal act of fraud.

scholarly journals Tinjauan Yuridis terhadap Tindak Pidana Pungutan Liar (Pungli)

2020 ◽  
Vol 1 (2) ◽  
pp. 139-144
Author(s):  
I Wayan Arsa Yogi Wiguna ◽  
I Nyoman Sujana ◽  
I Nyoman Gde Sugiartha
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Material Sources ◽  
Social Sanctions ◽  
Legal Sanctions ◽  
Legal Arguments ◽  
The Law ◽  
Crime Of Corruption

In the community, it is often heard about illegal fees which are a form of criminal act. This study aims to determine the regulation of illegal levies (Pungli) based on Regional Regulation No. 8/2010 concerning levies, creations and sports and to determine the imposition of criminal sanctions against perpetrators who commit illegal extortion (Pungli). The research method used is the normative research method, primary and secondary legal material sources, records of statutory books and other literature are carried out to collect data, and analysis of legal materials using legal arguments. The results of this study indicate that the regulation of corruption is implied in the formulation of corruption in several articles including Article 423 of the Criminal Code referred to in Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, which is then reformulated in Law Number. 20 of 2001 concerning the crime of corruption. Legal sanctions against extortion consist of social sanctions and criminal sanctions. The law on corruption is stated in it regarding the crime of extortion.

scholarly journals Pengaturan Tindak Pidana Pemerkosaan terhadap Sesama Jenis Kelamin Ditinjau dari Pasal 292 Kitab Undang-undang Hukum Pidana

2021 ◽  
Vol 2 (2) ◽  
pp. 354-358
Author(s):  
Tia Nur Larasati ◽  
I Nyoman Gede Sugiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Same Sex ◽  
Criminal Sanctions ◽  
Depth Analysis ◽  
Legal Sanctions ◽  
Opposite Sex ◽  
The Republic ◽  
Sense Of Justice

It can be said that the conviction of perpetrators of same-sex rape can be said to still contain obscure normsand that the Law of the Republic of Indonesia number 1 of 1946 concerning Criminal Law Regulations or the KUHP does not contain specific provisions that clearly regulate it. Article 292 of the Criminal Code is the only article of the Criminal Code that provides regulations regarding the crime of same sex rape. However, Article 292 of the Criminal Code only regulates the criminal act of same sex rape against minors as it can be categorized as an element of the crime of rape as stipulated in Article 285 of the Criminal Code, a criminal act of rape must be committed by men against women. The purpose of this study was to determine the criminal act of same sex rape according to Article 292 of the Criminal Code and to determine the legal sanctions against the perpetrator of the crime of same sex rape in Indonesia. The research method used is normative research, this type of normative research focuses on the collection and in-depth analysis of legal materials and also searches for their meaning in order to find solutions to the problem. Legal sanctions for perpetrators of the crime of rape of the same sex in Indonesia refer to the provisions of Article 292 of the Criminal Code, which is punishable by a maximum imprisonment of five years, as with the weight of the crime of a criminal act of rape whether committed against the opposite sex or of the same sex, punishment a maximum sentence of 5 (five) years is deemed not to contain a sense of justice, the formulation of criminal sanctions for rape in Articles 285 and 292 of the Criminal Code can be considered to be out of date or outdated.

scholarly journals THE NARCOTICS ABUSE TERM WEAKNESSES IN CRIMINAL LAW ENFORCEMENT OF INDONESIA

2021 ◽  
Vol 8 (1) ◽  
pp. 34
Author(s):  
Elpina Elpina ◽  
Mariah Sonanggok Purba
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Minimal System ◽  
Code System ◽  
Research Results ◽  
Criminal Sanctions ◽  
Approach Method ◽  
Special Rules

A crime of narcotics abuse has experienced an alarming development, one of which is the increasing factor of narcotics abuse, one of which is the legal vacuum in law enforcement against drug abuse. The approach method used uses a normative juridical approach, the research results obtained are the weaknesses of narcotics criminal law enforcement include: (a) in the formulation of criminal sanctions, namely most of the criminal sanctions in Act No. 35 of 2009 are formulated cumutatively, in the formulation of the most cumulations are between imprisonment and sufficient fines. large, there are no special rules for corporations that do not pay fines, and no specific types of sanctions (criminal / action) are seen for corporations (b) related to the issue of criminal threats, namely: there are offenses that are given a special minimum criminal threat which is If there is a deviation from the Criminal Code system, there are no specific guidelines or regulations for the application of minimum penalties, and there are no specific criminal rules to implement the minimal system can be a problem if there is participation, trial, discourse, recidive, criminal mitigation, expiration, and so on.

scholarly journals Penerapan Sanksi Pidana Perda Pajak dan Retribusi Bidang Pendapatan di Kota Ternate

2021 ◽  
Vol 7 (1) ◽  
pp. 179
Author(s):  
Faissal Malik ◽  
Syawal Abdulajid
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Administrative Law ◽  
Criminal Convictions ◽  
Cultural Aspects ◽  
Criminal Sanctions ◽  
Legal Sanctions

The application of regional regulations in the field of Regional Taxes and Retribution in Ternate City has not yet been submitted to the Court with criminal convictions, but it is realized that the regional regulation enforcement officers have not fulfilled the tax obligations. Even so, violations of the Tax and Retribution Regional Regulations on administrative law sanctions are chosen to be enforced rather than criminal sanctions because administrative legal sanctions are more effective in their enforcement. Therefore, the formation of regional regulations on taxes and levies does not only pay attention to aspects of legal substance, but also aspects of structure and cultural aspects, in the form of the availability of regional law enforcement officers which in turn result in enforcement of regional regulations on taxes and levies so that criminal sanctions can be utilized to increase original income. Regional (PAD).

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