scholarly journals Penormaan dan Pelaksanaan Kewajiban Ingkar Notaris

2020 ◽  
pp. 113-138
Author(s):  
Qonitah Annur Aziza ◽  
Aprilia Trisanti ◽  
Kiki Aristyanti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Research Approach ◽  
Limit Set ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Existing Problems ◽  
Criminal Sanctions ◽  
Administrative Sanctions

The notary is obliged to keep all legal deeds outlined in the contents of the deed and all information given to the notary in making the deed. the appointment of a notary as a witness in a case causes the violation of this obligation to be violated a lot. Strong legal protection is needed from the Honorary Board of Notaries (MKN) so that investigators and prosecutors are not arbitrary. The formulation of the problem taken by the author is the normalization of notary liability based on UUJN. And the application of sanctions from the notary obligation in the community.The writing of this thesis uses a normative juridical research method, namely by reviewing the legal norms contained in legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statute approach and a conceptual approach. The purpose of this study is to explain more deeply about the norms of denial obligations in the UUJN and their application in the community with the existence of permission from MKN. Based on the results of the study, the author obtained answers to existing problems, namely the notary has a broken obligation that must be obeyed and regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN-P. This breach obligation has a limit set out in UUJN in Article 66 paragraph (1) concerning a notary appointed as a witness can talk about the deed with the approval of the permit from MKN. But it also needs to be known if the broken obligation is violated without permission, the notary may be subject to administrative sanctions in the form of termination of employment, civil sanctions in the form of compensation and criminal sanctions in the form of prison sentences.

scholarly journals Penegakan Hukum Terhadap Tindak Pidana Penyelundupan Penyu sebagai Satwa Terlindungi di Bali

2021 ◽  
Vol 2 (2) ◽  
pp. 384-390
Author(s):  
I Komang Arya Sentana Mahendra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
International Agreement ◽  
Conceptual Approach ◽  
Turtle Species ◽  
Criminal Sanctions ◽  
The World ◽  
Administrative Sanctions ◽  
Research Show

Prohibition of all exploitation of protected animals. Even in the territory of Indonesia, turtle smuggling still occurs, especially in Bali Province where turtle smuggling often occurs. The purpouses of this research are to analyze the legal protection of turtles as protected animals and the criminal sanctions against the perpetrators of turtle smuggling as protected animals? The research method used is normative law, with statutory apporoach and conceptual approach. The results of the research show that forms of legal protection against turtles, if from the international agreement with the CITES agreement (Convention on International Trade in Endangered Species), in Indonesia there are 6 out of 7 types of turtles in the world that are protected under the turtle species law. existing in the protected world based on the law on the determination of wild protected animals, and the forms of sanctions against people who smuggle turtles as protected animals are in the form of administrative sanctions, civil sanctions and criminal sanctions. There are no specific criminal sanctions against turtle smugglers, these sanctions are still incorporated in Law No. 5 of 1990, concluded that legal protection and sanctions against turtles as protected animals in the form of administrative, civil and criminal sanctions, specifically in Bali there are no criminal sanctions against turtle smugglers.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals Perlindungan Hukum terhadap Anak sebagai Pelaku Pelecehan Seksual Menurut UU No. 35 Tahun 2014

2020 ◽  
Vol 1 (2) ◽  
pp. 62-66
Author(s):  
Desi Nellyda ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Abuse ◽  
Sexual Harassment ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Problem Formulation ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
The Law ◽  
Problem Formulations

This thesis is titled “Legal Protection Toward Child As Offenders Of Sexual Harassment, According Indonesian Law No. 35 Year 2014”. The writing uses normative research method, by using statue approach and conceptual approach. The problem formulations are: (1) The shape of legal protection toward child as offenders of sexual harassment ; (2) The imposition of criminal sanctions against ch ild who commit sexual abuse. By reviewing the law research done by using the proposed studi above, it can be concluded that the first problem formulation related to the shape of legal protection toward child as offenders of sexual harassment according Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection, the child has a right to accompanied by advocate during the process of investigation. Meanwhile, the second formulation will discuss the imposition of criminal sanctions against child who commit sexual abuse which have been regulated at the Article 82 Indonesian Law No. 35 Year 2014 about the change of the Law No. 23 Year 2002 about Child Protection. Depend on the Article 82 the offenders can be sentenced to prison the shortest 5 (five) years and the longest 15 (fifteen) years and a maximum fine of Rp. 5.000.000.000,00 (five billion dollars).

scholarly journals HUKUM LINGKUNGAN EFFEKTIVITAS SANKSI PIDANA DALAM PENEGAKAN HUKUM LINGKUNGAN

2020 ◽  
Vol 1 (2) ◽  
pp. 139-148
Author(s):  
Sahat Maruli Tua Situmeang
Keyword(s):  
Research Method ◽  
Environmental Law ◽  
Administrative Law ◽  
Environmental Crime ◽  
Environmental Laws ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
Administrative Sanctions ◽  
Careful Assessment ◽  
Environmental Crimes

ABSTRACT   Application sanctions for the perpetrators of environmental crime whether committed by individuals and carried out by the corporation can be executed by means of administrative law, civil law or through criminal law. Of some sanctions in its application should be through a thorough and careful assessment in accordance with the characteristics, objectives and benefits of the application of sanctions. In this study, the authors conducted a study on the application of sanctions for perpetrators of environmental crimes, either in the form of administrative sanctions, and sanctions in the form of a court decision which is done through a civil action or criminal sanctions proposed by puitusan court investigator, so they will know particularly the effectiveness of any sanctions to be imposed criminal sanctions against the perpetrators of environmental crimes. The research method used in this research using normative juridical research method, by studying legal norms that exist that can be used as a guide for the implementation of laws that already exist. Through this study, the researcher has an opinion that the sanctions that are considered most effective to be applied to the perpetrators of environmental crime and the enforcement of environmental laws, namely by means of administrative law with the form of sanctions to freeze and / or revoke the business license of each corporation who have committed crimes environment.   Keywords: Environmental Crimes, Penalties Law, Environmental Law Enforcement   ABSTRAK   Penegakan hukum bagi para pelaku kejahatan lingkungan hidup telah diatur dalam bentuk sanksi sebagaimana yang telah dimuat dalam Undang-undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup.  Penerapakan sanksi bagi para pelaku kejahatan lingkungan hidup  baik yang dilakukan oleh perorangan maupun yang diakukan oleh korporasi dapat dijalankan melalui sarana hukum adminstrasi, hukum perdata maupun melalui hukum pidana. Dari beberapa sanksi yang telah diatur dalam Undang-undang Nomor 32 Tahun 2009 tersebut dalam penerapannya haruslah melalui suatu kajian secara seksama dan cermat sesuai dengan karakteristik, tujuan dan manfaat dari penerapan sanksi tersebut. Penelitian ini bertujuan untuk mengetahui efektifitas dari suatu sanksi, terlebih sanksi pidana yang akan dijatuhkan terhadap para pelaku kejahatan lingkungan hidup melalui metode penelitian yuridis normatif,  yaitu dengan mempelajari norma-norma hukum yang ada yang dapat digunakan sebagai suatu  panduan untuk terlaksananya undang-undang yang telah ada. Melalui penelitian ini, peneliti  memiliki suatu pendapat bahwa penerapan sanksi yang dianggap paling effektif  untuk diterapkan bagi para pelaku kejahatan lingkungan hidup dan dalam rangka penegakan hukum lingkungan yaitu melalui sarana hukum administrasi dengan bentuk sanksi membekukan dan/atau mencabut ijin usaha setiap korporasi yang melakukan kejahatan lingkungan. Kata kunci : Kejahatan Lingkungan Hidup, Sanksi Hukum, Penegakan Hukum Lingkungan

scholarly journals Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal

2021 ◽  
Vol 2 (2) ◽  
pp. 288-293
Author(s):  
Lsye Aprilia ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Jaya Senastri
Keyword(s):  
Medicinal Product ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Medicinal Products ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
The Law ◽  
Administrative Sanctions

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.

scholarly journals Legal Aspects Of Consumer Protection In Illegal Sale Of Telecomunication Devices In Indonesia

2020 ◽  
Vol 4 (3) ◽  
pp. 369-384
Author(s):  
Erry Fitrya Primadhany ◽  
Imam Wahyudi ◽  
Cahyati Cahyati
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Aspects ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administrative Sanctions

Regulations regarding transaction of telecommunication devices have been clearly regulated. However, the circulation of illegal products is still rife, especially devices that International Mobile Equipment Identity (IMEI) is not officially registered. This can potentially be detrimental to consumers. This research is normative research with the legal research method of literature. The approach used is a statutory approach and a conceptual approach.  It can be concluded that the protection that can be done against consumers is preventive protection that is preventive and repressive protection that is done if the consumer has suffered a loss. Preventive preventive legal protection is contained in the provisions of Law No. 8 of 1999 on Consumer Protection and also contained in government efforts through Regulation of the Minister of Communication and Informatics No. 1 of 2020.Repressive legal protection can be resolved through litigation and non-litigation litigation.Violation of product requirements rules may result in businesses being subject to administrative sanctions.

scholarly journals Pemanfaatan Sempadan Pantai Kedonganan oleh Pengusaha Cafe Berdasarkan Perda Kabupaten Badung Nomor 26 Tahun 2013

2021 ◽  
Vol 2 (3) ◽  
pp. 638-644
Author(s):  
I Gede Yogi Arya Windiarta ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Public Services ◽  
Conceptual Approach ◽  
The Public ◽  
Criminal Sanctions ◽  
Temporary Suspension ◽  
License Revocation ◽  
Set Up ◽  
Administrative Sanctions

Spatial plans that are accommodated in a legal norm both at the central, provincial and city levels are in synergy with each other. The purpose of this study is to find out the legal arrangements in the Badung RTRW Regional Regulation on the use of the Kedonganan beach border by cafe entrepreneurs and what sanctions are imposed on the cafe entrepreneurs if they violate the Badung RTRW Regional Regulation. To achieve this goal, a normative research method is used using a statutory approach and a conceptual approach. The results of the study, namely the regulation of cafe entrepreneurs who set up cafes on the Kedonganan beach border, are regulated in Article 74 paragraph (2) letter d of the Badung Regency Regulation Number 26 of 2013 that by not building permanently on the beach border. In addition, it must also pay attention to the public interest. Sanctions that can be imposed on cafe entrepreneurs who set up cafes on the Kedonganan beach border if they violate the Badung Regency Regulation Number 26 of 2013 include criminal sanctions, namely Article 115 in the form of imprisonment or fines. Administrative sanctions in the form of written warnings; temporary suspension of activities: temporary suspension of public services; business closure; license revocation; license cancellation; demolition of buildings; restoration of space functions; and/or administrative fines as regulated in Article 112 paragraph (2).

scholarly journals LEGAL PROTECTION FOR PARKING SERVICE USERS KAPUAS REGIONAL REGULATION NUMBER 2 OF 2010 CONCERNING RETRIBUTION OF PARKING SERVICES AT THE EDGE OF THE PUBLIC

2020 ◽  
Vol 1 (1) ◽  
pp. 108-124
Author(s):  
Raihani Raihani
Keyword(s):  
Legal Protection ◽  
Service Users ◽  
Regional Government ◽  
Conceptual Approach ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Legal Principles ◽  
Existing Problems ◽  
Positive Law ◽  
Parking Lot

The purpose of this study is to find the concept of the substance of the rules that do not harm the community from minor mistakes that are made repeatedly every day, without a good and clear solution, as well as the duties and roles of the Regional Government and related institutions in making it safe and comfortable for parking service users. in Kapuas Regency. The research carried out was normative legal research, namely research on the principles of law and the prevailing positive legal doctrine. performed analytically inductively. The process starts from premises in the form of known positive legal norms and ends with the discovery of legal principles and then doctrines. In this case, examining the legal norms in positive law using the statutory approach (Statute approach) which still needs to be rearranged, especially regarding the juridical consequences of the application of Kapuas District Regulation No. 2 of 2010 concerning Parking Service Retribution on the Side of Public Roads. In addition, this study uses a conceptual approach to examine existing problems by describing them as a comparison to the concepts contained in articles of legislation. Research Findings This is a business actor in the parking service business, both government-owned and private, who tries to shift the burden of responsibility to consumers for loss or damage to vehicles or consumer valuables in the parking lot managed by them. Of course this is contrary to Law No. 8 of 1999 concerning Consumer Protection.

scholarly journals Legal Relationship between Go-Jek Drivers and PT Go-Jek Indonesia in the E-Contract Partnership

2019 ◽  
Vol 7 (06) ◽  
Author(s):  
Shandy Harsyahwardhana ◽  
Muhaimin ◽  
Eduardus Bayo Sili
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Issue ◽  
Research Approach ◽  
Conceptual Approach ◽  
Legal Subject ◽  
Legal Relationship ◽  
Partnership Agreement ◽  
Relationship Of

This study aims to analyze the legal relationship of the e-contract partnership with Go-Jek drivers. The legal issue that is the focus of this study identifies and analyzes the legal relationship between Go-Jek drivers and PT Go-Jek Indonesia in a partnership agreement in the form of e-contract. This research method is normative considering the existence of legal obscurity related to the partnership e-contract arrangement. The research approach used is the Legislative Approach and the Conceptual Approach. With the pattern of equal cooperation in partnership, the reality is that the legal relationship between PT Go-Jek Indonesia and the Go-Jek driver has been inequality. Therefore, the Go-Jek driver as a legal subject becomes weak and needs legal protection. Moreover, the partnership as outlined in the e-contract has not fully provided preventive and repressive legal protection.

scholarly journals CONTROVERION OF COVID 19 VACCINATION FROM LEGAL ASPECTS

2021 ◽  
Vol 3 (2) ◽  
pp. 92-104
Author(s):  
Yeti Kurniati ◽  
Deden Hadi Kushendar
Keyword(s):  
Legal Aspects ◽  
Research Approach ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Vaccine Refusal ◽  
Presidential Decree ◽  
The Government ◽  
The Right ◽  
Administrative Sanctions ◽  
The Impact

The Covid-19 pandemic is a pandemic that has hit the world, include Indonesia. With this pandemic, Indonesia has experienced an emergency status. Through Presidential Decree No.11 of 2020, Indonesia has announced a health emergency status. With the COVID-19 pandemic, the government has stepped in to make various efforts in order to overcome the impact of the Covid-19 pandemic. The government's effort in overcoming the pandemic is by giving vaccinations to the community in stages. However, in the implementation of the vaccine, the community has not yet understood the benefits of the vaccine, especially considering that the Indonesian people are diverse in culture, various ethnicities, so that in its implementation there are those who are contra but some are pros. Therefore, the existence of this article is one of which is to explain the existence of vaccination in the community which is a right or obligation for society and whether vaccine refusal can be subject to criminal sanctions. This research is a research in the field of law with a research approach that provides a systematic exposure to regulations that regulate certain categories of laws, analyze relationships between regulations, describe areas experiencing obstacles, and even predict future developments with a conceptual approach. The results showed that vaccination was originally the right of everyone. And it also shows that people in society seem to be carried away with emotions to carry out their obligations as citizens who contribute to health for the Indonesian people themselves considering the emergencies in Indonesia today, because people can predict that if they do not participate in vaccination it has the potential to infect and even kill other people. As for punishment, this should be an ultimum remedium, if other institutions such as persuasive methods, socialization and even administrative sanctions related to vaccination are no longer functioning while health emergencies in Indonesia are getting worse

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