scholarly journals Peran Notaris Dalam Melindungi Status Hak Milik Atas Tanah Akibat Perkawinan Campuran

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 575
Author(s):  
I Gusti Agung dewi Mulyani ◽  
I Wayan Wiryawan

In the ruling man is created unable to live alone, the law is human created to live both and add to his descendants and successors. This leads to a bond of marriage between men and women, whose purpose is to create happy families and homes, harmoniously with the virtue of the one true deity. The marriage is held with the Customs and culture of each party, because basically the two human beings are backed by different customs and cultures. Indonesia's state with a forward minded society wants to make its life more improved, both in the field of work and home, not infrequently in the Indonesian economic system has established relationships with foreign nationals as Investors to improve the economic system in Indonesia. It is not uncommon for Indonesian citizen to have a relationship with foreigners to work, do business, and be friends and friendly, because humans are created to require each other, profitable, and adjoining. The relationship between WNI and WNI is not uncommon in marital relationship, namely mixed marriage between citizens and foreigners who occur on the basis of affection and love and want to live a life together. The marriage itself has been governed in the marriage act, i.e. the marriage has been recognized by the State, and against the marriage of the mix has also been recognized by the state because it has been demonstrated and regulated in the marriage act as well. Through life, in it for future survival, sought and acquired wealth that can be a common treasure or can also be a split. The common treasures are the treasures obtained throughout the marriage, without the agreement of marriage. The Covenant of marriage is made with the purpose of the separation of the property of each party, meaning there is no mixing of possessions in the family, and with this each party has each responsibility. In this journal is conducted empirical research because it is to be able to discuss issues raised as to how the role of notary in protecting the status of property rights on land resulting from mixed marriages and how the status of ownership On the ground when a divorce occurs, it must be research directly with the source of space. Implemented using the fact approach, and the collection of secondary data and primary data, so as to discuss the role of notary in protecting the property rights on land is to make a marriage agreement before or after the marriage In progress, by providing legal certainty against the separation of the property that has occurred and the status of ownership of the land when divorce occurs can remain the property of Indonesian citizens, or the status is given to children born of marriage The

Author(s):  
Yogi Maron ◽  
Ismansyah Ismansyah ◽  
Azmi Fendri

<p align="center"> </p><p><em>As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang</em><em> </em><em>in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai</em><em> </em><em>Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the</em><em> </em><em>study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli</em><em> </em><em>Satria</em><em> </em><em>Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1</em><em>.</em><em>946</em><em>.</em><em>701</em><em>.</em><em>050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200</em><em>.</em><em>000</em><em>.</em><em>000 (two hundred million rupiahs)</em><em>.</em></p><p> </p>


2021 ◽  
Vol 8 (2) ◽  
pp. 74-82
Author(s):  
Syifa Sakinah ◽  
Nazarudin . ◽  
Isfenti Sadalia

This research included in the study puantitatif. While the research design used in this research is the analysis of correlation, namely the type of research conducted with the aim of detecting the extent to which variations in one factor are associated (correlated) with one or more other factors based on the correlation coefficient. The purpose of the research, namely to explain the influence and hypothesis testing by analyzing the various data in the field. In the context of this study is to obtain the facts of the phenomena that exist and find information in a factual description of the factors increase employee engagement in PT PLN (Persero) Parent Unit is the Region of North Sumatra. The population in this research is all employees PLN (Persero) Parent Unit is the Region of North Sumatra. This time recorded as many as 181 employees with the status of a permanent employee. The technique of determining the number of samples used Method Slovin so that the number of samples in this study amounted to 65 respondents. Data Collection method used in this research are primary data and secondary data. The results showed that the Values of the Company as a significant influence on the formation of Employee Engagement in PT PLN (Persero) Parent Unit is the Region of North Sumatra. PT PLN (Persero) also has a program to foster employee engagement, namely: Employee Gathering, the Visit of a Senior Leader, LIQUID and Code of Conduct. On the basis of this, the researchers enter the Program of Development of Corporate Culture as a moderating variable, with the assumption that the program is able to drive employee engagement through the value of the company. The results showed that the Program of Development of the Culture of the Company contained in PT PLN (Persero) to be able to participate moderating variable value of the Company in influencing employee engagement. This means that the understanding of the employees against the Values of the Company will be more effective with the Program of Development of Corporate Culture in PT PLN (Persero) Parent Unit is the Region of North Sumatra. Keywords: Corporate Culture, Corporate Values, Employee Engagement.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Iuliia Udovenko ◽  
Tetiana Melnychuk ◽  
Julia Gorbaniuk

AbstractObjective: The purpose of the study is to analyze and define the content, specifics, and procedures of social and psychological work with citizens who have expressed a desire to become mentors for orphans.Introduction: In Ukraine, there are more than 750 foundations of institutional care and upbringing of children, in which approximately 106,000 children live. Only 8% among them have the status of orphans and children deprived of parental care; the other 92% have parents, but due to some difficult life circumstances of parents or presence of special needs or disability in children, they cannot live or be brought up in the family. It means that 92% of children without the status of orphans or children deprived of parental care cannot be adopted or placed for living and upbringing to other forms of family placement (guardianship/care, foster family, family-type orphanage). Along with this, out of 8% of orphan children and children deprived of parental care, there are no opportunities to be accommodated in any family forms of upbringing the following children: teenagers and youngsters, brothers and sisters from families with many children, and children with disabilities. In such children, close emotional relationships with meaningful, constant adults, which is a vital necessity for their psycho-emotional development and well-being, have been lost or were not formed at all. Accordingly, the introduction of mentoring for orphans and children deprived of parental care who live in relevant institutions is motivated by the necessity to satisfy the need of every child in emotional support, assistance and protection by a significant, authoritative person, and friend.Methods: The study uses an experience which was gained during the realization of the project as the author-developer of the methodology of socio-psychological work with citizens and children concerning preparations for mentoring and training for both coordinators and mentors of the Mentoring Program in cooperation with specialists of the “One Hope” non-governmental organization; in the role of educator for the preparation of coordinators for the Mentoring Program implementation, as well as in the role of expert during the implementation of Mentoring Program by the community organization “One Hope” during the 2009-2016 period [1]. Also, authors participated in developing of the mentors preparing program over orphans and children deprived of parental care in order to receive approval at the state level.Results: Mentoring for orphans and children deprived of parental care residing in institutions has been implemented in Ukraine since 2009 by the “One Hope” (“Odna Nadia”) public organization in cooperation with the Kyiv City Children’s Service and the Kyiv City Center of Social Services for Families, Children and Young People. The project “One Hope” was launched in the city of Kyiv and the Kyiv region during 2009-2016. Since 2016, mentoring as an individual form of support and assistance for a child living in a residential institution has been introduced in Ukraine at the state level.Conclusions: If an orphan child or a child deprived of parental care is unable to live and being brought up in a family, then the mentor’s role in the life of this child is of paramount importance. This is due to the fact that such a form of individual support through mentoring will facilitate the preparation of every orphan child for independent living in the future.


2020 ◽  
Vol 2 (4) ◽  
pp. 557
Author(s):  
Sujatmika Sujatmika ◽  
Maryanto Maryanto

The efforts to overcome of the Corruption by law enforcement can be done by way of prevention (preventive) and prevention (repressive).The problems of this study are: Guards Team Establishment, Security Government and Regional Development in the law enforcement of corruption in the State Attorney of Purworejo. The Role of the Prosecutor as Guards Team of Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo, a limiting factor of the role of the Prosecutor as Guards Team , Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo and solutions.This research use socio-juridical approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from interviews with field studies Public Prosecutor in the State Attorney of Purworejo, And secondary data obtained from the study of literature relating to the theory of supervision, authority and law enforcement.Based on the results of research that Purpose of establishing of the Guards Team of Security Government and Regional Development, namely: 1) the loss of doubt the power of the budget (KPA), the power of the commitment (KDP), and implementing activities in carrying out its activities, 2) absorption of the budget properly and on time, and 3) development of Purworejo run properly and without corruption. The role of the Attorney divided into three normative role, the ideal role, and the role of factual. Inhibiting factor is the factor of its own law, law enforcement apparatus which is not widely understood rule of law, the factors supporting infrastructure and inadequate facilities, community factors and cultural factors. Solutions to overcome obstacles, namely: a) Prevention / preventive and persuasive, b) Legal Assistance; c) Coordination with APIPs and / or related agencies; d) Conduct Monitoring and Evaluation; and e) The Enforcement of Repressive Laws.Keywords: Attorney; Corruption; Role; Guard Team of Security Government and Regional Development; Crime.


2019 ◽  
Vol 8 (4) ◽  
Author(s):  
I.Yu. Vaslavskaya ◽  
A. A. Bilyalova ◽  
A.N. Tarasova

The paper examines the role and core functions of the state in the system of vertical and horizontal linkages between economic actors and government, which are connected due to the exchange of activity and its results. The concepts of organization and self-organization are considered as the essential characteristics of structural ties in the national economic system. It is acceptable that the mechanism of self-movement of the economic system is based on provoking changes at different levels of organizational relations. The main theoretical approaches to the role of the state which are based on the theory of social contract and the theory of exploitation are analyzed. It is proved that in both theories the state is empowered to establish and redistribute property rights either in accordance with the interests of members of society or in accordance with the interests of the governing group. It was concluded that the tasks of the state are contradictory in the national economic system. Such conclusion is based on the need to define a set of property rights that would maximize the aggregate product of society. On this basis, the relationship between the theories of state and law is shown. Particular attention is paid to assessing the effectiveness of the state as the central institution of the economic system and the main criteria for protecting property rights. It is determined that when choosing the methods of legal protection of property rights, the main point is criterion of economic efficiency


2018 ◽  
Vol 5 (3) ◽  
pp. 259
Author(s):  
Anis Mashdurohatun ◽  
Gunarto Gunarto ◽  
Lathifah Hanim

Globalization is nothing but capitalism in its most recent form. Strong and rich countries practically control the world economy and smaller countries are increasingly powerless because they are unable to compete through Intellectual Property Protection including trademarks. The purpose of this research is to examine and to analyze the role of the State in providing legal protection Against trademarks, and factors that influence and formulate their legal protection policies. The approach method in this research is empirical juridical. The data used were primary and secondary data. The results of the research were analyzed analytical descriptively. The results of the study found that the role of the State in providing legal protection for trademarks of business people was not optimal, this was due to several factors including the low understanding of the importance of trademark intellectual property rights protection for businesses and society as consumers. Government policies globally through the Asean Economic Community Blueprint, which contains four main pillars, including the economic competitiveness of Intellectual Property Rights integrated with the global economy.


2017 ◽  
Vol 1 (2) ◽  
pp. 145-162
Author(s):  
Nazaruddin Nazaruddin ◽  
Husni Djalil ◽  
M. Nur Rasyid

Undang-Undang Republik Indonesia Nomor 39 Tahun 1999 tentang Hak Asasi Manusia, diharapkan agar negara melaksanakan fungsi pemenuhan dan penegakan hak asasi manusia bagi warga negara. Khusus terkait dengan perlindungan hak asasi tersangka atau terdakwa, yakni agar dapat membatasi penyalahgunaan kekuasaan dan kesewenang-wenangan penyidik polisi maupun pejabat kepolisian lainnya. Pelaksanaan pemeriksaan terhadap setiap tersangka di Kepolisian Resor Pidie adalah keterangan tentang peristiwa pidana yang sedang diperiksa. Tersangka akan menjadi objek pemeriksaan yang harus dipandang sebagai manusia yang seluruhnya wajib dilindungi oleh hukum dan dijamin haknya sebagai manusia. Tersangka harus di tempatkan pada kedudukan manusia yang memiliki harkat dan martabat serta harus dinilai sebagai subjek,  bukan sebagai objek.Penyidik Polres Pidie menempatkan tersangka sebagai manusia yang utuh, yang memiliki harkat, martabat dan harga diri serta hak asasi yang tidak dapat dirampas darinya. Tersangka telah diberikan seperangkat hak-hak oleh KUHAP yang meliputi, Hak untuk segera mendapat pemeriksaan, Tersangka berhak untuk diberitahukan dengan jelas dalam bahasa yang dimengerti olehnya tentang apa yang disangkakan kepadanya pada waktu pemeriksaan dimulai, Hak untuk memberikan keterangan secara bebas kepada penyidik, Hak untuk mendapatkan juru bahasa dalam setiap pemeriksaan, Hak untuk mendapat bantuan hukum pada setiap tingkat pemeriksaan dan lain-lain. Setiap  pekerjaan  maupun  kegiatan  pasti  ada  kendala-kendala  yang dihadapi oleh orang yang melakukan pekerjaan atau kegiatan tersebut. Hal tersebut terjadi karena setiap orang mempunyai karakter, sikap atau sifat serta fisik yang berbeda-beda. Dalam melakukan penyidikan juga pasti akan ada kendala-kendala yang muncul yang dialami oleh penyidik. Kendala-kendala yang dihadapi penyidik dalam menghormati perlindungan hak tersangka adalah faktor pengalaman kerja lapangan, tersangka yang sakit atau pura-pura sakit, tersangka yang tidak mengakui melakukan tindak pidana, dan tersangka yang mempunyai cacat fisik. Metode pendekatan studi kasus data skunder melalui data kepustakaan dan data primer diperoleh dari wawancara dengan penyidik dengan tersangka dan informan. Hasil dari penelitian ini menunjukan bahwa pentingnya penyidik untuk menghormati hak tersangka dalam proses pemeriksaan, sehingga tercapainya profesionalitas polisi dalam sebuah pemeriksaan baik ditingkat penyelidikan maupun  dalam penyidikan perkara. It is hoped that the state will fulfill the functions of fulfillment and enforcement of human rights for the citizens. Specifically related to the protection of the human rights of the suspect or defendant, ie in order to limit the abuse of power and the arbitrariness of police investigators and other police officers. The examination of every suspect in the Pidie Police Force is a description of the criminal case being examined. The suspect shall be the object of examination which shall be regarded as a human being entirely obliged to be protected by law and guaranteed his right as a human being. Suspects must be placed on the status of human beings who have dignity and dignity and should be judged as subjects, not as objects. Police Investigator Pidie puts the suspect as a whole person, who has the dignity, dignity and dignity and human rights that can not be deprived of him. The suspect has been granted a set of rights by the Criminal Procedure Code, including the right to immediate examination, the Suspect has the right to be clearly notified in the language understood by him or her about what is suspected to him at the time of the examination, the right to freely give the investigator the right to Get an interpreter in every examination, Right to get legal assistance at each examination level and others. Every job or activity must have constraints faced by the person doing the work or activity. This happens because everyone has different characters, attitudes or traits and physicalities. In conducting an investigation there will also be obstacles that arise experienced by the investigator. Constraints faced by investigators in respecting the protection of suspects' rights are factors of fieldwork experience, sick or ill-treated suspects, suspects who do not recognize a crime, and a suspect with a physical disability. The approach method of secondary data case study through library data and primary data was obtained from interviews with investigators with suspects and informants. The results of this study indicate that the importance of investigators to respect the rights of suspects in the examination process, so that the achievement of professionalism of the police in a examination either at the level of investigation or in the investigation of the case.Keywords : Human Rights, Protection, Investigator And Suspects.


2015 ◽  
Vol 1 (2) ◽  
pp. 1-11
Author(s):  
Retno Martanti Endah Lestari ◽  
Masruroh Masruroh

The one of the main business of banks is give a credit that generate revenue for the company, but on the other hand lending has risks. The risk is the emergence of NPL (Non Performing Loan) or often referred to as bad credit. The higher non-performing loans of a banking company will affect the health of banks. It required a system of internal control lending is effectively enforced in order to assist the company in order to minimize the Non-performing Loan. This study is to explain the role of the internal control system of credit in minimizing non-performing loans at PT Bank Mitraniaga, Tbk. by using primary data and secondary data. The analytical method that used is a qualitative and quantitative descriptive statistics. These results indicate that the correlation analysis values obtained significant correlation of -0.844 and 0.000, it could mean that the internal control system of crediting a significant negative effect on non-performing loans at 5% degree of confidence. Koefisisen Value Determination (Kd) of 71.3% means that the role of the internal control system of credit to non-performing loans amount to 71.3%, while the remaining amount 28.7% is explained or influenced by other factors that not examined such as external factors, customer internal factors, and factors of business failure.Keywords: Internal Control Systems of Credit and Non Performing Loan.


Author(s):  
Choirul Wahyudi

This study will describe how the pattern of relations in the management of illegal oil mines in Keluang District with two problem formulations, first what are the factors that shape the power relations between the State and the illegal oil mining group in Keluang District. The second is how the role of each actor and its influence in the case of illegal oil mining in Keluang District? To answer the two problem formulations above, researchers use the theory of rent seeking from Gordon Tullock. The method used in this research is qualitative method. The approach that will be used to support this research is to use a case study approach. In this study, the data will be divided into two types, namely primary and secondary data. Primary data is data obtained in the field through interviews and direct observation at the research site. Secondary data is data obtained from books, papers and documents related to this research. Data analysis used in this study is Analysis Interactive Model from Miles and Huberman which divides the steps in data analysis activities with several parts, namely data collection, data reduction, data presentation, and drawing conclusions or verification. The presence of illegal oil mines  in Keluang District raises a sign where the presence and how the role of the State especially the government involved in the management of natural resources in the case of illegal oil mining in Keluang District.


Sign in / Sign up

Export Citation Format

Share Document