Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.

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

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8483 ◽

2020 ◽

Vol 3 (1) ◽

pp. 87

Author(s):

Didi Wahyudi Sunansyah ◽

Aryani Witasari

Keyword(s):

Child Protection ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Field Studies ◽

Primary Data ◽

State Court ◽

Sociological Approach ◽

Protection Legislation

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

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Application of Prudential Principles in Registration of Granting Mortgage Right (APHT)

Authentica ◽

10.20884/1.atc.2019.2.2.67 ◽

2020 ◽

Vol 2 (2) ◽

pp. 121-145

Author(s):

Hesti Kusumaningrum

Keyword(s):

Precautionary Principle ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

The Precautionary Principle ◽

Registration Process ◽

Approach Method ◽

Working Day ◽

Administrative Sanctions ◽

Legal Consequences

The precautionary principle serves as a guideline for PPAT in carrying out the APHT registration process. In-Law No.4 of 1996 concerning Underwriting Rights, PPAT Position, and Civil Regulations No.1 Year 2006 implies the precautionary principle regarding the provision that the PPAT is personally responsible for the duties and authorities in the process of making the deed. PPAT must apply accuracy in registering APHT to the Land Office. Registration becomes an important moment for the birth of Underwriting Right, the fulfillment of the principle of publicity, the position of the preferred creditor as the holder of the Underwriting Right. The data used in this study are secondary data with primary data as secondary data supplementary data. The approach method used in this study is the normative juridical approach. The results of the study obtained concluded that 2 (two) terms of the application of the precautionary principle of the form and content of APHT made by PPAT in accordance with applicable regulations, however, APHT registration occurred later than the 7 (seven) working day deadline. Not applying the precautionary principle can lead to legal consequences for the PPAT, APHT. and preferred creditors, from the aspects of civil, criminal, and administrative law. Preventive and repressive legal protection for all parties concerned in the series of APHT registration processes. Suggestions for PPAT need to apply the precautionary principle to minimize late APHT registration, the Land Office needs to apply administrative sanctions. Keywords: prudential principles; APHT registration; legal consequences

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PERLINDUNGAN HUKUM BAGI ANGGOTA MULTI LEVEL MARKETING (MLM) YANG BERBASIS APLIKASI DI INDONESIA (Studi Kasus Pada PT Sukses Integritas Perkasa)

Jurnal Hukum dan Pembangunan Ekonomi ◽

10.20961/hpe.v7i2.43005 ◽

2019 ◽

Vol 7 (2) ◽

pp. 204

Author(s):

Dinaselina Chintya Kosasih ◽

Ambar Budhisulistyawati

Keyword(s):

Dispute Resolution ◽

Code Of Ethics ◽

Legal Protection ◽

Secondary Data ◽

Profit Sharing ◽

Third Party ◽

Primary Data ◽

The Third ◽

Multi Level

Abstract This articles aims to find out about the mechanism of transactions and profit sharing at PT Sukses Integritas Perkasa and legal protection towards Multi-Level Marketing business members in case settlement during the Multi-Level Marketing business activities in the case study of PT Sukses Integritas Perkasa. This research is categorized as a descriptive empirical study. It is using a qualitative approach and primary data support and secondary data. According to the research finding, the legal protection of PT Sukses Integritas Perkasa members in case if a dispute occurs has been stated in the company code of ethics based on applicable regulations in Indonesia. The company code of ethics has elaborated the dispute resolution if a dispute occurs, whereby deliberation and consensus are prioritized prior to other resolution alternatives. In case of the deliberation and consensus failure, dispute resolution alternatives would refer to attend the third party that is arbitration based on Indonesia National Arbitrage Organization (BANI). Keywords : Multi-Level Marketing; Legal Protection; Dispute Resolution.Abstrak Artikel ini bertujuan untuk mengetahui mekanisme transaksi beserta pembagian reward dalam PT Sukses Integritas Perkasa dan perlindungan hukum bagi para anggota Multi Level Marketing tersebut beserta cara penyelesaiannya khususnya pada perusahaan MLM PT Sukses Integritas Perkasa. Penulisan hukum ini merupakan jenis penelitian hukum empiris yang bersifat deksriptif. Pendekatan penelitian menggunakan pendekatan data kualitatif dan jenis data berupa data primer serta data sekunder. Berdasarkan hasil penelitian dapat diketahui, bahwa perlindungan Hukum terhadap anggota PT Sukses Integritas Perkasa apabila terjadi perselisihan sudah tertuang dalam kode etik perusahaan yang berpedoman pada peraturan-peraturan yang sudah ada terlebih dahulu dan berlaku di Indonesia. Kode etik perusahaan juga telah menguraikan mengenai penyelesaian sengketa apabila terjadi perselisihan dimana diselesaikan secara damai terleboh dahulu yaitu dengan musyawarah dan mufakat. Pelaksanaan musyawarah dan mufakat apabila tidak menemui titik temu maka akan penyelesaian akan menggunakan alternatif penyelesaian sengketa dengan cara menghadirkan pihak ke tiga yaitu arbitrase yang berpedoman pada peraturan yang ada di Badan Arbitrase Nasional Indonesia (BANI). Kata Kunci: Multi Level Marketing; Perlindungan Hukum; Penyelesaian Sengketa.

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Legal Protection for Disability Workers in Semarang: Case Study at PT. Samwon Busana Indonesia

Walisongo Law Review (Walrev) ◽

10.21580/walrev.2020.2.1.5555 ◽

2020 ◽

Vol 2 (1) ◽

pp. 39

Author(s):

Retno Indarti ◽

Novita Dewi Masyithoh ◽

Tri Nurhayati

Keyword(s):

State Government ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Employment Opportunities ◽

Persons With Disabilities ◽

Central Java ◽

The Right ◽

The City

The purpose of this study is to measure legal protection and employment opportunities for persons with disabilities who work in various companies in the city of Semarang, Central Java. As is known, the right to work for citizens is regulated in Article 27 Paragraph 2 of the 1945 Constitution, which mandates the right of citizens to get a decent job and life. Every citizen has the same rights and the state (government) has regulated these rights in terms of obtaining employment without exception, including persons with disabilities. This study uses a juridical-empirical (non-doctrinal) approach, which examines how employment opportunities and legal protection of persons with disabilities in the city of Semarang, especially in PT. Samwon Clothing Indonesia. Primary data sources were obtained from PT. Samwon Busana Indonesia through interviews, secondary data in the form of legal material. Data Collection Method with Interview and Documentation methods, Data Analysis is done by a descriptive method. The results showed that employment opportunities for workers with disabilities in the city of Semarang, especially in PT Samwon Busana Indonesia had fulfilled one percent of the total employees. The total disability workers at the company are 14 out of a total of 1317 employees. In terms of legal protection, all employees both with disabilities and do not get the same rights and opportunities to be treated fairly. In addition, fulfillment of the rights of workers with disabilities is also fulfilled without discrimination.

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HUMAN RIGHTS VIOLATION AGAINST THE INDONESIAN MIGRANT FISHERIES CREW IN CHINESE-FLAGGED LONG XING VESSEL

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v10i1.46515 ◽

2021 ◽

Vol 10 (1) ◽

pp. 67

Author(s):

Fithriatus Shalihah ◽

Muhammad Nur

Keyword(s):

Human Rights ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Human Rights Violations ◽

Legal Research ◽

Fishing Boat ◽

Work Abroad ◽

Human Rights Violation

This paper aimed to analyze human rights violations against migrant fishing boat crews with a case study on the Chinese-flagged Long Xing fishing boat. The research method used is empirical legal research using primary data and secondary data. The results showed that there had been human rights violations experienced by migrant fishing boat crews aboard the Chinese-flagged Long Xing fishing boat. These human rights violations have occurred since the pre-employment phase. The act of dumping the bodies of the crew members of Indonesian ships into the sea in the case of the Long Xing Ship violated the provisions of the ILO Seafarers Regulation Article 30 concerning protocol if the crew of the ship died, also violated Indonesia's national regulations, namely the Minister of Transportation Regulation No. 84 of 2013 Article 18 concerning the protocol for repatriating the bodies of crew members. Therefore, Indonesia's Government needs serious improvements to protect Indonesian fishing boat crews by implementing legal protection regarding their rights both before, during, and after Indonesian migrant fishery crew members work abroad

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Analysis On Drug Crime Distribution (G List) Kind Of Narcotics (Case Study In Court Decision In Region III Cirebon)

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8436 ◽

2020 ◽

Vol 2 (4) ◽

pp. 625

Author(s):

Iin Khaeriyatun Ni'mah ◽

Sukarmi Sukarmi

Keyword(s):

Drug Users ◽

Drug Distribution ◽

Legal Protection ◽

Secondary Data ◽

The State ◽

Primary Data ◽

State Court ◽

Limiting Factor ◽

Criminal Offense ◽

Sociological Approach

The problems of this study are: 1) How is the consideration and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List)? 2) What are the constraints in finding criminal offense trafficking of drudgs (G List)? 3) How do the efforts and solutions should be executed against the crime of trafficking of drudgs (G List)?�Method sociological approach juridical law and specification in this study were included descriptive qualitative, The sources and types of data in this study are primary data obtained from interviews with field studies Security Chief Penitentiary (KPLP) Narcotics Prison Cirebon, And secondary data obtained from the study of literature. The problems studied by the theory of law enforcement, legal protection and law enforcement.Results of the discussion concluded: Considerations and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List) is to explicitly give appropriate consideration to the evidence in court, and a commitment to provide deserving punishment against criminal trafficking of drudgs G List. Obstacles in finding criminal offense trafficking of drudgs (G List) can be divided into the causes of the dealers and the causes of the user side, while the limiting factor of the dealers, namely Factors Poor Understanding of Law, Economic Factors, Environmental Factors Society, Factor Surveillance as well as factor constraints of the users, namely lack of evidence to arrest and lack Guide Report from Community. Efforts and solutions should be executed against the crime of trafficking of drudgs (G List) is through legal counseling on the dangers of drug distribution of G List, Doing arrest on drug users G List then perform a search pusher G List, Cooperate with BPOM in drug distribution of G List.Keywords: Crime; Distribution; Drug; G List; Narcotics.

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Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8363 ◽

2020 ◽

Vol 2 (4) ◽

pp. 535

Author(s):

Roswati Dewi ◽

Sri Endah Wahyuningsih ◽

Umar Ma'ruf

Keyword(s):

Law Enforcement ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Analysis Data ◽

The State ◽

Primary Data ◽

State Court ◽

Research Use ◽

West Java

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.

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Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8395 ◽

2020 ◽

Vol 3 (1) ◽

pp. 15

Author(s):

Endang Kusnandar ◽

Anis Mashdurohatun ◽

Siti Rodhiyah Dwi Istinah

Keyword(s):

Child Protection ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Field Studies ◽

Mental Condition ◽

Primary Data ◽

State Court ◽

Child Victims ◽

Rape Victims

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.

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Accountability for Motorized Vehicle Owners Used By Children in Traffic Accidents (Case Study on Supreme Court Decision Number 1029 K / Pid.Sus / 2015)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8730 ◽

2020 ◽

Vol 3 (1) ◽

pp. 253

Author(s):

Yanto Risdianto ◽

Lathifah Hanim

Keyword(s):

Supreme Court ◽

Traffic Accident ◽

Traffic Accidents ◽

Criminal Liability ◽

Legal Protection ◽

Secondary Data ◽

Supreme Court Decision ◽

Primary Data ◽

The Supreme Court

The formulation of the problem in this study are: 1) parts of criminal liability of the owner of a motorized vehicle whose vehicle was used in a traffic accident Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 1029 K / Pid.Sus / 2015? And 2) how is the legal protection of children as perpetrators in traffic accidents Case Study of the Supreme Court's Decision No. 1029 K / Pid.Sus / 2015?The method used by researchers is juridical sociological legal approach and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from interview field studies. And secondary data obtained from literature studies relating to the theory of criminal liability and legal protection.Based on the results of that study The criminal liability of the owner of a motorized vehicle whose vehicle is used in a traffic accident by a child is not held accountable even if only as an inclusion, the child who commits a traffic violation or a traffic crime is the sole offender, even if the motorized vehicle used by permission of an adult, both his parents or other vehicle owners. The legal protection of children as perpetrators in traffic accidents has not been fulfilled as in the Supreme Court Decree No. 1029 K / Pid.Sus / 2015, the vehicle owner who surrendered his vehicle (car) was only made a witness in a traffic accident that resulted in a victim died, and the child became the sole culprit.Keywords: Liability; Criminal; Motorized Vehicles; Children.

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ANALISIS YURIDIS PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK BERDASARKAN KUH PERDATA DAN UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam ◽

10.29062/arrisalah.v18i1.339 ◽

2020 ◽

Vol 18 (1) ◽

pp. 114

Author(s):

Anggit Rahmat Fauzi ◽

Ansari Ansari

Keyword(s):

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Electronic Media ◽

Primary Data ◽

The Internet ◽

Legal Problem ◽

Civil State ◽

Consumer Protection Act ◽

The People

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.

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