LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA)

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.

Penanganan Pengungsi Luar Negeri Menurut Peraturan Presiden Nomor 125 Tahun 2016 Ditinjau dari Perspektif Fiqh Siyasah

The shelter for Rohingya refugees who were declared officially as refugees was initially rejected by the Lhokseumawe City Government, but pressure from the community made the Government finally accept the arrival of Rohingya refugees, this acceptance demanded the Lhokseumawe City Government to implement Presidential Regulation No. The formulation of the problem is first, how the form of handling given to Rohingya refugees in Lhokseumawe is reviewed according to Presidential Decree No. 125 of 2016. Second, how is the form of handling Rohingya refugees in Lhokseumawe reviewed according to fiqh siyasah. This study uses an empirical normative legal approach, using field research and library research, namely examining written law as well as facts in the field using descriptive analytical patterns to describe or provide an overview of the object under study through data or samples collected. have been collected by drawing conclusions. From the results of the study, it was found that the handling of refugees has been carried out by the Lhokseumawe City Government, namely in the form of rescue, security, shelter, and health checks for refugees, and if viewed from the fiqh siyasah their rights have also been fulfilled, especially the right to protect life, safeguard property. , worship, and a decent place to live. So it can be concluded that the handling of Rohingya refugees is in accordance with Presidential Regulation No. 125 of 2016 and fiqh siyasa through the fulfillment of the rights of refugees by saving lives and providing shelter for Rohingya refugees.

Was sagt uns ein Gesetz?

What kind of rhetoric does a statute present? In the following essay, you will find, after the introduction (1.), the answer in studying interpretants (2.). When you look at written law, you find at least four different types: the academic Roman today antecedent (3.a), the modern blanket clause of the police (3.b), the constitutional clauses which date from the same time (3.c), and finally the last post-modern product as a type of rule which determines the legal form itself (3.d). With tables of measures, figures, and clauses of discretion, it attempts to suppress the disturbance of interpretants (4.).

Hesitantly towards mutual recognition of “vaccination passports”. A survey on potential ubiquity in administrative law

The problem of potential ubiquity emerged in administrative law because of transboundary circulation of various certificates, licences and permits. These documents, approving certain facts, may appear before an administrative authority of another State. Thus, the applicable regime of public law must qualify the legal consequences of such documents in the realm of the applicable administrative law. This article aims to discuss this problem with regard to the challenges arising in the second year of the COVID-19 pandemics. Prospective introduction of “immunity certificates” and “vaccination passports” in various jurisdictions and the need to establish mutual recognition of such “passports” and “certificates” is the subject of attention. The article points out existence of several dogmatic approaches to the fact that foreign administrations have either approved a fact, or granted a right. Some of these dogmatic approaches have been reflected in the written law. However, at the same time, in theory, other solutions than those provided by the current legal framework would also be theoretically possible. The importance of these theoretical considerations is demonstrated regarding the very current discussions on the introduction of “immunity certificates” and “vaccination passports”.

Russian Legal Discourse

Due to the nonrecognition of the origin of the business law in the commercial law, or, the law merchant, grown out of the customs and usages of merchants that existed before the emergence of law itself, and which, even in the process of formalizing the law into the legislation, characteristic for the continental law, in respect of commercial activities that introduced its public regulation, has reserved its self-regulatory and dispositive nature, the Russian legal discourse is quite different to what is generally represented as the Western legal discourse. Although Russian business law has been developed under the influence of Western law, the idea of the legislatively established legal surveillance of business activities, where written law is regarded as a progressive means of regulation, plays still an important role, and the breach of the law requirements is a sine qua non condition for civil liability (for damages) in Russia. Keywords: Law, Legal Discourse; Legislation; Praxis, Regulation

Hilangnya Sifat Melawan Hukum Pidana Materil Dalam Tindak Pidana Korupsi Pasca Pengembalian Seluruh Kerugian Keuangan Negara

Criminal conduct can be held accountable when it meets two elements of such action as unlawful action and can be reproached. The nature of resisting the law itself is devided into two opposing qualities of formal law and the nature of resisting the law of materiel. The nature of the law regarding material itself has two fuction: itsnegative function and its positive work. Of these functions in application only to its negative (or exempted from the written law) function because of its positive function (an act not prohibited by the law but by society of the act is mistaken) and therefore is a violation of the law. This type of research is the normative study with the constitution approach (statue approach) and the conceptual approach. From this research it can be concluded that the repayment of all financial losses in the state can be excused/ fail d;excuse, so that the nature of resisting the laws of materiel’s negative function of the perpetrators of corruption is lost. The provision of article 4 of the constitution is judged as irrelevant because the application of a fixed sanction without seeing thr benefits of its ratification. This is based on the theory presented by Nigel Walker and Jeremmy Bentham, which says the application of criminal santions must be ideal and beneficial to the perpetrator. Keywords: Loss of Unlawful Character; Corruption; Recovery of State Losses.Perbuatan pidana dapat dimintai pertanggungjawaban apabila memenuhi dua unsur yakni perbuatan tersebut merupakan perbuatan melawan hukum dan perbuatan tersebut dapat dicela. Sifat melawan hukum itu sendiri terbagi dalam dua yakni sifat melawan hukum formal dan sifat melawan hukum materiel, Sifat melawan hukum materiel itu sendiri memiliki dua fungsi yaitu fungsinya yang negatif dan fungsinya yang positif. Dari kedua fungsi tersebut dalam penerapannya hanya diperbolehkan fungsinya yang negatif (atau perbuatan yang dapat dikecualikan dari hukum yang tidak tertulis) dikarenakan fungsinya yang positif (perbuatan yang tidak dilarang oleh undang-undang tetapi oleh masyarakat perbuatan tersebut dianggap keliru) sehingga fungsinya ini dianggap bertentangan dengan undang-undang. Jenis Penelitian ini ialah penelitian normatif dengan pendekatan undang-undang (Statute Approach) dan pendekatan konseptual (Conceptual Approach). Dari penelitian ini dapat disimpulkan bahwa dengan dikembalikannya seluruh kerugian keuangan negara maka perbuatan pelaku dapat dimaafkan/fail d;excuse, sehingga sifat melawan hukum materiel fungsinya yang negatif dari perbuatan pelaku tindak pidana korupsi hilang. Sehingga ketentuan dalam Pasal 4 UU dinilai sudah tidak relevan dikarenakan penerapan sanksi yang tetap dijatuhkan tanpa melihat manfaat dari penjatuhan sanksi tersebut. Hal tersebut berdasarkan pada teori yang dikemukakan oleh Nigel Walker dan Jeremmy Bentham, yang mengatakan bahwa penerapan sanksi pidana harus ideal dan bermanfaat bagi pelaku.Kata Kunci: Hilangnya Sifat Melawan Hukum; Korupsi; Pengembalian Kerugian Negara.

Have Mercy on Us: Inca Heritage, Christianity, and Salvation in Colonial Cuzco

The coming of the gospel to America with the Spaniard conquistadors meant the launch of the most important salvation of souls campaign ever seen. The knowledge of the written Law and the administration of the sacraments, such as the sacrament of baptism, allowed the “Indians” to be redeemed from original sin and access, at least, Purgatory. While the colonial church promised salvation to the Andeans, it faced the problem of “deciding” the eschatological destiny awaiting the ancestors of the “Indians” (new Christians), especially the Inca rulers. After an inevitable condemnation of the Incas by the early colonial catechisms, new discursive channels appeared suggesting a possible redemption of the Incas, with arguments that evoked the principle of natural law and the acquisition of natural enlightenment. The redemption and salvation of the monarchs of Tawantinsuyu would reach various discursive spaces. It is found subtly in the field of visual representations, especially in a group of canvases produced during the period commonly called the Inca Renaissance, and in performative acts where the evocation of the Inca past acquires an important eschatological dimension.

Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali

According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 the termination of marital ties can be caused by death, divorce, and court decisions. In the trial the divorce case does not have a marriage certificate so it can be replaced with a statement from the village.

Influența dreptului roman asupra situației patrimoniale a soțului supraviețuitor în moștenirea legală din vechiul drept francez scris

In the old French written law characteristic of the Middle Ages, the legal provisions on succession were not dictated exclusively by the rules of Roman law but were also influenced by local customs applicable in the south of France. The legal provisions ensured that the surviving spouse's patrimonial situation (especially in the case of the widow) did not suffer a sudden change of lifestyle after the death of the life partner. The substantial advantages enjoyed by the surviving spouse were mainly granted through seemingly voluntary legal manifestations, but which had well-founded beliefs and customs at the root. The rules of legal inheritance and those governing the dissolution of the matrimonial regime provided patrimonial aid but were far from sufficient.