scholarly journals Tugas Dan Fungsi Balai Harta Peninggalan Semarang Sebagai Kurator Kepailitan Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Moh Kurniawan
Keyword(s):  
Human Resources ◽  
Secondary Data ◽  
Empirical Approach ◽  
Primary Data ◽  
Not Given ◽  
The Law

Abstrak�Peran dari Balai Harta Peninggalan berkurang, sejak munculnya kurator swasta, apalagi Pengadilan Niaga berdasarkan permintaan debitor atau kreditor cenderung menggunakan kurator swasta dari pada menggunakan Balai Harta Peninggalan yang ada, dan dalam praktek pun Balai Harta Peninggalan kurang mendapatkan perhatian. Hal ini dikarenakan ada anggapan bahwa Balai Harta Peninggalan lamban dalam menjalankan tugasnya dan sumber daya manusianya yang kurang jika di bandingkan dengan kurator swasta.Tujuan penelitian yang ingin dicapai dari penelitian ini adalah Untuk mengetahui tugas dan fungsi Balai Harta Peninggalan Semarang sebagai kurator Kepailitan berdasarkan Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang.dan mengetahui eksistensi Balai Harta Peninggalan Semarang sebagai kurator kepailitan setelah adanya kurator swastaPenelitian ini menggunakan metode pendekatan metode pendekatan yuridis sosiologis tidak hanya ditinjau dari kaidah hukum saja, tetapi juga berusaha untuk menelaah keterkaitan antara faktor yuridis dengan faktor sosiologis. Faktor yuridis dalam penelitian ini adalah Undang-Undang Nomor 37 Tahun 2004, sedangkan faktor sosiologisnya adalah mengetahui pelaksanaan undang-undang tersebut dalam hal tugas dan fungsi Balai Harta Peninggalan dalam melakukan pengurusan dan pemberesan harta pailit debiturDari data-data yang berhasil dikumpulkan dalam penulisan ini, baik data primer maupun data sekunder didapatkan hasil penelitian bahwa tugas kurator tidaklah mudah. Tugas kurator adalah melaksanakan pengurusan dan pemberesan harta pailit. Eksistensi Balai Harta Peninggalan dibandingkan dengan kurator swasta menunjukkan penurunan eksistensi sebagai kurator yang disebabkan oleh berbagai faktor.Kata kunci : BHP, Tugas, EksistensiAbstractThe role of Probate Court (BHP) has decreased since the presence of private receivers. Moreover, Pengadilan Niaga (Trade Court), according to debtors and creditors� demands prefers private receivers to Probate Court, and in fact, Probate Court gets less attention. It is caused by an opinion that Probate Court clumsily runs its duty and that its human resources are not enough compared with the private receivers.The goals of the research are to understand and to analyze the responsibility of Probate Court as a receiver after the validity of law No. 37 2004 of bankruptcy and the obstacles faced by Probate Court in management and settlement of bankruptcy. Existence with currator non goverment.The research applies methods of juridical-empirical approach, an approach that uses secondary data in advance and followed by primary data in field that will be used to answer the emerged problems.A research says: in the context of bankruptcy, the responsibility for failures and mistakes done by Probate Court is regulated in Article 72 of law No. 37 2004 of bankruptcy which has not given the law certainty as there is no definite punishments. Therefore, the receiver�s responsibility for failures and or mistakes can be different in form and is adjusted with the level of mistakes and loss.Probate Court as a receiver has full responsibilities for making up loss caused by their neglects and or mistakes, based on article 80 Stbl 1872 No. 166 of Instruction for Probate Court in Indonesia.Probate Court in running its duty and authority as a receiver finds some obstacles such as: bureaucracy, juridical, administration, and human resources.Key words: BHP, Assigment, Existence.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals THE ROLES OF OTORITAS JASA KEUANGAN TO OVERCOME FICTIVE INVESTMENT BENGKULU CITY

2018 ◽  
Vol 3 (1) ◽  
pp. 41-53
Author(s):  
Herawan Sauni ◽  
Dimas Dwi Arso
Keyword(s):  
Task Force ◽  
Secondary Data ◽  
Empirical Approach ◽  
Primary Data ◽  
Research Report ◽  
Is Research ◽  
Qualitative Descriptive ◽  
Set Up

This research is purpose to know the role of Otoritas Jasa Keuangan in overcome fictitious investment in Bengkulu city and To know the efforts of Otoritas Jasa Keuangan to protect the consumers that take fictitious investment in Bengkulu city. This research uses empirical approach, that is research in the place by using interviews to get answers about the role of Otoritas Jasa Keuangan to overcome fictitious investment in Bengkulu city and the efforts of Otoritas Jasa Keuangan to protect consumers that has done fictitious investment in Bengkulu City. This research uses two types of data,that is primary data and secondary data. Then, its data to be analyzed in a research report that is qualitative descriptive. The results of the research is the role of Otoritas Jasa Keuangan to  overcome fictitious investment in Bengkulu City that is preventive and repressive efforts. The preventive efforts for example to socializing and educating people to alert investment and coordinating with law enforcers and other regulators. The repressive efforts, for example set up an Alert Investment task force in every area. Then the efforts of Otoritas Jasa Keuangan to protect consumers that have  fictitious investment in Bengkulu City is regulated in POJK Number 1 / POJK.07 / 2013 about Perlindungan Konsumen Sektor Jasa Keuangan

Negotiating for Justice: Judge's Perception of the Plea-Bargaining Process in Malaysia

2019 ◽  
Vol 7 (1) ◽  
pp. 27-32
Author(s):  
Zaiton Hamin ◽  
Ahmad Ridhwan Abd Rani
Keyword(s):  
Qualitative Methodology ◽  
Secondary Data ◽  
Plea Bargaining ◽  
Jel Classification ◽  
Primary Data ◽  
Structured Interviews ◽  
Plea Bargain ◽  
Bargaining Process ◽  
The Law

Objective - This paper aims to examine the role of judges and the reality of the plea-bargaining process from the perspective of the judiciary, focusing primarily on their perceptions on the new law and their role and the problems facing them in implementing the law. Methodology/Technique - This paper adopts a qualitative methodology, in which the primary data is obtained from semi-structured interviews with 20 respondents comprising of the stakeholders in the criminal justice system. The secondary data is obtained from analysing the CPC and other library-based sources. Findings - The research reveals that judges are facing some problems derived from the law itself which makes the new plea-bargaining process unappealing to them. Consequently, judges have invented their solutions either by reverting to the old practice or imposing on the parties their terms in disposing of the case through judge-prompted plea-bargain. Novelty - This paper is significant in providing some evidence of the procedural difficulties faced by judges in hearing plea-bargaining application at the pre-trial stage. Type of Paper - Review Keywords: Criminal Procedure; Judiciary; Pre-trial Stage; Plea-Bargaining Process; Plea of Guilty. JEL Classification: K40, K49

scholarly journals PERANAN KEPOLISIAN RESOR BUKITTINGGI DALAM PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK

2018 ◽  
Vol 1 (1) ◽  
pp. 53-60
Author(s):  
Jefrizal Jefri
Keyword(s):  
Field Study ◽  
Crime Prevention ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Research Results ◽  
The Law

Passage 81 and 82 of Law Number 35 Year 2014 about The Changing of the Law Number 23 Year 2002 regulate about sanction to the agent of violence. The Law underlines to give effect and push the concrete steps in maintenance physic, psychic, and social of children. The violence is bad action. Children often become victims of this violence.The problems in this study are: First, how is the role of Bukittinggi Resort Police in crime prevention to children? Second, what are the obstacles faced by Bukittinggi Resort Police in crime prevention to children and how to solve it? The specification of this research is descriptive analytic. The method uses in this research is the normative and juridical empiric method. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, role of Bukittinggi Resort Police in crime prevention to children done through preventive and repressive efforts. The preventive through socialization to pupils, parents and schools.Therefore, the repressive efforts by prohibition effort and investigation.The prohibition of crime prevention to children by socialite.The efforts of investigation suitable by police such as investigation, etc. Second, the obstacles faced by Bukittinggi Resort Police in crime prevention to children is lack of enthusiasm children, societies and teachers and development of technology and information. Others, the obstacles in investigation are unwished of victim to report, difficult to evidence, there are so many requirements should be done and limitation of investigation fund. The efforts to solve the problems are socialite, increase investigation, socialite regulation of ITE, coordination of many sides and increasing of fund.

scholarly journals TANGGUNG JAWAB CAMAT SEBAGAI PPAT SEMENTARA DALAM HAL MENANDATANGANI AKTA JUAL BELI (CONTOH KASUS NOMOR PUTUSAN 44/PDT.G/2014/PN KWG)

2019 ◽  
Vol 1 (2) ◽  
pp. 850
Author(s):  
Napoleon Tampubolon ◽  
Gunawan Djajaputra
Keyword(s):  
Secondary Data ◽  
Legal Responsibility ◽  
Primary Data ◽  
Legal Research ◽  
Scientific Methods ◽  
Occupational Regulation ◽  
The Law

The research on the Subdistrict Head's responsibilities as PPAT Temporary aims to know and understand the problems related to legal responsibility if there is an error in making land certificates by the Subdistrict Head as Temporary PPAT and the role of Subdistrict Head who is appointed as Temporary PPAT in the practice of making land deeds in Cibuaya District karawang. This research is normative legal research, namely this research uses scientific methods and interviews with related parties. The data used are primary data, namely regulatory regulations relating to the Occupational Regulation of the Land Deed Maker Officer and secondary data, namely textbooks relating to the Land Deed Maker Officer. In this study the specifications used are prescriptive in nature which are intended to provide prescriptions based on arguments that have been built in conclusions. Head of Subdistrict as PPAT While from Cibuaya Subdistrict, Karawang regency is still making irregularities towards the preparation, manufacture and registration of the deed. The legal responsibility of the mistake made by the Subdistrict Head as a Temporary PPAT in making the land deed is not in accordance with the existing regulations, namely not subject to penalty sanctions in the form of compensation but a decision of the Article of Action Against the Law is imposed.

scholarly journals Handling Policy on Corruption Crime in Polres Tasikmalaya

2018 ◽  
Vol 1 (2) ◽  
pp. 543
Author(s):  
Imanudin Imanudin
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Human Resources ◽  
Secondary Data ◽  
Large Role ◽  
Training And Education ◽  
The Law

In this study, will be discussed are: the handling of corruption in Polres Tasikmalaya, there are obstacles in the Handling of Corruption in the Polres Tasikmalaya and solutions in dealing with the constraints in the handling of Corruption in Polres Tasikmalay. The method used in this research is normative juridical approach used to determine the extent to which the principles of the law, the synchronization vertical / horizontal, and systemic law is applied, which is based on secondary data. Based on the results of this study are very large role of Police in law enforcement to eradicate corruption. But the weakness of the laws that regulate the authority of the Police in the investigation of corruption resulted in the ineffectiveness of the investigation of cases of corruption by the police. Police Investigator action in the process of investigation of corruption practiced by the investigator in Polres Tasikmalaya, there were always obstacles that result in delays / delays in the investigation of corruption. Propose the addition of Human Resources Police as one of the measures to meet the needs of a shortage of human resources, and / or exploit the existing potential according to ability and knowledge possessed, where one of her given training and education for the field duties and functions authority relating to the handling of Corruption. Provide guidance / courses / training related to IT (Information Technology), especially in connection with the handling of Corruption;Keywords: Policy; Crime; Corruption.

scholarly journals THE ROLES OF OTORITAS JASA KEUANGAN TO OVERCOME FICTIVE INVESTMENT BENGKULU CITY

2018 ◽  
Vol 3 (1) ◽  
pp. 41-53
Author(s):  
Herawan Sauni ◽  
Dimas Dwi Arso
Keyword(s):  
Task Force ◽  
Secondary Data ◽  
Empirical Approach ◽  
Primary Data ◽  
Research Report ◽  
Is Research ◽  
Qualitative Descriptive ◽  
Set Up

This research is purpose to know the role of Otoritas Jasa Keuangan in overcome fictitious investment in Bengkulu city and To know the efforts of Otoritas Jasa Keuangan to protect the consumers that take fictitious investment in Bengkulu city. This research uses empirical approach, that is research in the place by using interviews to get answers about the role of Otoritas Jasa Keuangan to overcome fictitious investment in Bengkulu city and the efforts of Otoritas Jasa Keuangan to protect consumers that has done fictitious investment in Bengkulu City. This research uses two types of data,that is primary data and secondary data. Then, its data to be analyzed in a research report that is qualitative descriptive. The results of the research is the role of Otoritas Jasa Keuangan to  overcome fictitious investment in Bengkulu City that is preventive and repressive efforts. The preventive efforts for example to socializing and educating people to alert investment and coordinating with law enforcers and other regulators. The repressive efforts, for example set up an Alert Investment task force in every area. Then the efforts of Otoritas Jasa Keuangan to protect consumers that have  fictitious investment in Bengkulu City is regulated in POJK Number 1 / POJK.07 / 2013 about Perlindungan Konsumen Sektor Jasa Keuangan

scholarly journals CASE ANALYSIS OF YOUNG MAMA (MAMAK COMPLETE URUSAN IN TREASURE OF PUSAKA) MINANGKABAU

2018 ◽  
pp. 1-9
Author(s):  
Ocy Ananda Erica ◽  
Wahyu Okta Prasetyo ◽  
Alfikri Alfikri ◽  
Ulfia Hasanah
Keyword(s):  
Criminal Law ◽  
Secondary Data ◽  
Case Analysis ◽  
Qualitative Approach ◽  
Primary Data ◽  
Not Given ◽  
Central Figure ◽  
The People ◽  
The Right

Indonesia, known as the motto or motto of the nation "Bhinneka tunggal ika" which means that "different but still one" from Sabang to Merauke Indonesia country has different customs or cultures in ways and behaviors that characterize each region. Minangkabau adat is basically the same as custom in other tribes of Minangkabau cultural distinctiveness with other cultures in Indonesia because Minangkabau people embrace the lineage system according to Mother or known as matrilineal. In addition, Minangkabau cultural customs regulate the distribution of inheritance harmonized with the matrilineal system so that the inheritance is left to the women. In solving a dispute related to Mamak's heritage is one of the traditional figures who participate in it, Mamak is expected as a central figure with the role of overcoming the problem of equitable division of inheritance, but instead doing the right by contradicting and selling the people's inheritance called harto pusako high (high treasures) in MinangkabauMamak is expected as a central figure with the role of overcoming the problem of equitable division of inheritance, but instead do the right otherwise by pawning and selling the inheritance of the people called harto pusako tinggi (high treasure) in Minangkabau (especially Kota Solok). In fact, many cases of Mamak have been involved in criminal law issues related to property disputes disputes, so many of them inhabit the penitentiary. This research is a research with descriptive type with qualitative approach. Therefore, this research can be used as one of the suggestions for relevant stakeholders for equitable division of heritage, and minimize the perjualbelian of the treasury itself. This research was conducted in West Sumatera Province in Solok City area. Sources of data used, namely: primary data and secondary data. Data collection techniques in this study with Observation, Interview, and Library Studies.The conclusion that can be obtained from the results of the research is the cause of the shift in the role of Mamak or deviation from the role of Mamak, among others, caused by the insistence of economic influence and globalization and the lack of musyawarah between Mamak with kemenakan in making a decision taken by Mamak so that the birth of a term Aia gadang , baraliah barn, batuka season, customs and atmosphere will barobah so that the treasure is not given for the benefit of the nephew but for the sake of his family which basically belongs to Bundo kanduang instead turns into the property of Mamak itself.Keywords: Minangkabau Adat, Role of Mamak, Heritage Treasure

scholarly journals The Role of the Family in the Education of Children in Conflict with the Law: Empirical Evidence from Albanian Context

2018 ◽  
Vol 1 (3) ◽  
pp. 116
Author(s):  
Dr. Brunilda Zenelaga ◽  
Blerina Hamzallari
Keyword(s):  
Empirical Evidence ◽  
School Psychologist ◽  
Secondary Data ◽  
Local Context ◽  
Primary Data ◽  
Deviant Behaviors ◽  
The Family ◽  
Probation Service ◽  
The Law

A child is considered in conflict with the law when he/she has committed or has been accused of committing an offence (UNICEF, 2006). According to local context, a child can also be in conflict with the law, when it is taken up by the justice system for minors or for adults, due to the alleged dangers faced by the child in view, or behavior or environment (IDE, 2016:2). The family is a primary agency that influences the child socio-psychological formation. In the case of children in conflict with the law, on one hand family can contribute on creating causes of antisocial and deviant behaviors of children, but on the other hand, it can be an important factor for rehabilitation and correction of the children attitudes.Recently, in Albania, children in conflict with the law have been in center of the attention of policymakers and researchers, but very few of them have explored in depth the role that the family plays on the education of children in contact with the law. This paper aims to fulfill that gap of researches in Albanian context.The methods used to gather data are based on: (a) the use of the secondary data such as international and national literature about the topic, researches with the focus on children in conflict with the law, statistics and other data from different Albanian institutions; (b) the use of the primary data taken from the interviews with experts who work in Probation Service in Albania, school psychologist, experts and professionals in prisons etc. The study revealed that the role of the family is crucial, especially for the children in conflict with the law. Empirical evidence from Albanian context shows that children in conflict with the law came mainly from families with socio - economical problems and/or lack of the attention to the education of the children. The collaboration of the family with other socialization agencies such as schools etc., can be an effective way for the correction of the attitudes of this category of children.

scholarly journals EFEKTIVITAS PERAN SATUAN RESERSE NARKOBA POLRES BUKITTINGGI DALAM MENGATASI PENYALAGUNAAN NARKOTIKA

2018 ◽  
Vol 1 (1) ◽  
pp. 81-88
Author(s):  
Okriadi Adi
Keyword(s):  
Cultural Values ◽  
Standard Treatment ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Young Generation ◽  
Main Approach ◽  
The Law ◽  
The Government

Narcotic is a substance or medicine that very important and needed to treat a certain disease. However, if misused or used not suitable with standard treatment will damage to personal or society especially young generation. Using of narcotic will make a big damage to the life and cultural values of a nation. Since October 2009, the government has approved the Law Number 35 Year 2009 about Narcotics. Based on this law, the Indonesian Police (Polri) changed the approach in eradicating narcotics.  The Indonesian Police (Polri) is the front guard to fight the narcotic. The problem in this study are: First, how is the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police? Second, how is the effective of the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police? The approach uses in this research is the normative as the main approach and juridical empiric approach as support. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police is implemented in the preemptive, preventive, and repressive roles. Second, the implementation of the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police has been effective. It is proved by many cases of narcotic finished by the role of Narcotic Detective Unit of Bukittinggi Police in embracing narcotic in the law field of Bukittinggi Police year 2015 – 2017 are year 2015 there were 47 cases with 63 suspected, year 2016 there were 48 cases with 69 suspected and year 2017 there were 48 cases with 59 suspected.

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