PENERAPAN WASIAT WAJIBAH TERHADAP NON MUSLIM DITINJAU DARI KOMPILASI HUKUM ISLAM (KHI) STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO. 331/K/AG/2018/MA

Islamic law has stated that every person of different religion cannot inherit each other, both Muslims inherit for non-Muslims and from non-Muslims inherit for Muslims, but in practice, Judges at the Supreme Court level implement mandatory wills, this is required which has been decided in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This study aims to examine how to implement the mandatory non-Muslim wills in the Supreme Court ruling Number. 331 / K / AG / 2018 / MA based on the provisions of the Compilation of Islamic Law (KHI), and what the Supreme Court Judges consider in implementing mandatory testaments against non-Muslims in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This research is a normative legal research with the nature of qualitative research with the type of library research. Based on the studies that have been carried out, the Decision of the Supreme Court Number. 331 / K / AG / 2018 / MA does not include legal considerations in force in Indonesia concerning inheritance provisions and concerning the granting of an approved mandatory will set out in the Compilation of Islamic Law (KHI). The application of mandatory wills in the Supreme Court Decision is contrary to the provisions of Islamic Law and the provisions of the Compilation of Islamic Law (KHI). Article 209 paragraphs (1) and (2) concerning mandatory wills.

ANALISIS TERHADAP KETERBUKAAN INFORMASI PUBLIK PADA PERSEROAN TERBATAS YANG MELAKUKAN PENGUMPULAN DANA DONASI YANG DIDUGA DIGUNAKAN UNTUK PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY

Public Institution is a legal person under the Indonesian act number 14 year of 2008 about Public Information Openness. Under that act, Public Institution have an obligation to publish all the information on that regulation. Public Institution, under the Indonesian act of Public Information Openness means legislative, executive, judicative and any other institution who obtain operational funds from state income (ABPN) or regional income (APBD), public funds or foreign income. There’s an issue among Private Company and Public Information Commission, where the Private Company appointed as a Public Institution by the Judge from Indonesian Information Public Commission. There’s a gap on that dispute, because Private Company obeyed under the Indonesian act of Private Company number 40 year of 2007. The judge had consideration when decided Private Company to become a Public Institution, it’s because of that Private Company managed public donation and distribute that donation into several foundation. The other problem is the private company refused to be named as a Public Institution, so there’s no obligation for the private company to publish any information about the corporation.

SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM KASUS JUAL-BELI YANG DIKENAKAN PASAL 480 KUP (STUDI KASUS: PUTUSAN NOMOR 1291/PID.B/2018/PN.JKT.PST)

Dewi Sri Astuti, initially she was only trying to increase financial resources in the family, but she tripped over a case experienced by her business partners, namely Suherman and Susanti. Dewi Sri Astuti was charged guilty because she had purchased items resulting from the theft of a crime committed by her business partners in the place where they worked. Even though Dewi Sri Astuti did not know that the goods she had received from her business partners were the result of a criminal act of theft. In this case to be able to convict someone must be fulfilled two things, namely as actus reus (physical element) and.mens.rea (mental element). However, Dewi Sri Astuti was still found guilty even though it did not fulfill the subjective element of the crime. How is the juridical analysis of buying and selling actions that are subject to article 480 of the Criminal Code (case study: verdict number 1291 / Pid.B / 2018 / PN.JKT.PST)? The author used normative legal methods and used interview data as supporting data. The.results of the study revealed that Dewi Sri Astuti did not fulfill all the elements in Article.480 of the Criminal.Code, where in the element of criminal offense there are 2 (two) elements. First.element is an objective element and.the second element.is a subjective element.

SISTEM PRE PROJECT SELLING DALAM PENJUALAN SATUAN UNIT APARTEMEN MENURUT UNDANG -UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN (CONTOH KASUS PUTUSAN PENGADILAN NEGRI JAKARTA PUSAT NOMOR: 616/PDT.G/2017/PN.JKT.PST JO. PUTUSAN PENGADILAN TINGGI JAKARTA NOMOR: 20/PDT.G/2019/PT.DKI)

Pre-Project Selling is a marketing and apartment sales activity conducted before construction is carried out, which is often done by developers before licensing is issued specified in Law Number 20 of 2011 concerning Flats so often causes problems. The purpose of this paper is to determine the pre-project selling system in the sale of apartment units according to the Law on Flats and legal protection for buyers of apartments with a pre-project selling system if the developer defaults.The research method used in this study is a normative research method. The research data was collected by means of a literature study using the method of approaching the law relating to this study, namely Law Number 20 of 2011 concerning Flats.The results of this study show that the sales system with this pre-project selling system often creates problems because the requirements as stipulated in the apartment laws have not been fulfilled, therefore developers can be held accountable both civil, criminal and administrative.

EFEKTIVITAS MENGENAI KEPASTIAN HUKUM PENERAPAN DELIK FORMIL UU 20/2001 TENTANG PEMBERANTASAN TIPIKOR (25/PUU-XIV/2016)

Decision of the Constitutional Court Number 25/PUU-XIV/2016 has ruled that the use of the phrase "can" in Article 2 paragraph (1) jo. Article 3 of the UU Tipikor has been declared contrary to the UUD NRI 1945 and declared contrary to the law. However,Decision No. 25/PUU-XIV/2016 basically contrary to Legal Certainty. The problem examined is how is the legal certainty in the application of formal offense in the elimination of the "can" in Article 2 Paragraph (1) Jo Article 3 of the UU Tipikor after Post-Corruption The Constitutional Court of the Republic of Indonesia Number 25 / PUU-XIV / 2016 which Changes the Application of the Form of Formal Decree into Material Delict? The author examines this problem using normative research methods supported by expert interview data. The author analyzes that in removing the word "can" from the formulation of the two norms of the article will fundamentally change the offense qualifications of criminal acts of corruption. The author concludes that the Decision was basically inappropriate, because it contradicted Legal Certainty. The author suggests that there needs to be an affirmation of the Decision and the Judge in deciding the Decision should review the contents of the Decision Number 003/PUU-IV/2006 which is a form of jurisprudence.

TANGGUNG JAWAB PENGEMBANG (DEVELOPER) DALAM PENJUALAN SATUAN UNIT APARTEMEN TERKAIT KETIADAAN IZIN MENDIRIKAN BANGUNAN (STUDI KASUS APARTEMEN 45 ANTASARI JAKARTA SELATAN)

In the sale of apartment, developer can carry out marketing before the construction are done or commonly called Pre Project Selling system, the selling and buying must be written in the form of Sales and Purchase Agreement. To do sales by pre project selling, developer must to fulfill administrative requirements, one of which is Building Permits. Moreover, because the selling and buying must be written in the form of Sales and Purchase Agreement, one of requirements to get Sales and Purchase Agreement is to have building permits. In the construction of apartment developers also must have building permits of apartment which is given from regional government. But in reality, there are still project of apartement construction doesn’t have building permits, for example 45 Antasari Apartment. Building permits are necessary to ensure legal certainty of a building. Therefore, responsibility of developer is necessary if he neglect one’s duties. By analysis the author suggest the responsibilities of developer can be interpreted more, which will be further analysis using the normative legal research by examining primary and secondary legal materials that have been collected and processed for the formulation of research conclusions.

KEWENANGAN NOTARIS DALAM HAL MEMBUAT AKTA PARTIJ (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR: 1003 K/PID/2015)

Partij deed is a type of deed that can be made by a notary public official who is authorized by the state to perform services in society. Notary public as a public official who contains an authentic description of all events or events that are seen, experienced, and witnessed by the Notary himself. Notary Deed must contain what is desired by both parties in the agreement. The notary public only has the role of providing perfect proof of strength through the deed he made if later the parties to the deed disputed in court. In practice problems often arise including the issue of notary responsibility and notary authority as happened in the deed of party, how the authority of the Notary in Making Partij Deed (Example of Supreme Court Decision Case Number: 1003 K / PID / 2015) is a problem that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, are analyzed qualitatively. The results of the study illustrate that the Notary does not follow under Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

KEBIJAKAN HUKUM PIDANA PENGGUNAAN NARKOTIKA GOLONGAN 1 (SATU) JENIS “GANJA” UNTUK KESEHATAN

Health is a healthy condition, physically, mentally, spiritually, and socially that enables everyone to live productively socially and economically. In maintaining his health, in order to survive, it is not uncommon for a person to use narcotics as a treatment he must live. Like the incident in the 111 / Pid.Sus / 2017 / Pn.Sag case. Where Yeni was given Marijuana by her husband as a treatment, previously Yeni had tried various treatments in the medical and traditional fields. When there was a urine test in Fidelis's office, Fidelis asked the National Narcotics Agency about how to treat cannabis treatment, a few days after that, Fidelis was immediately arrested at his home and detained. While in prison, Yeni passed away. How is the application of the principle of justice in imposing crimes against Fidelis? Fidelis was sentenced to 8 (eight) months in prison and a fine of Rp1,000,000,000 (one billion rupiah) and was replaced with a prison of 1 (one) month if he could not pay the fine. In this study, the author uses normative legal methods and uses interview data as supporting data. The results of the study that the authors conclude that Fidelis should not be convicted because Fidelis is an act of force or in an emergency, here there is freedom of judges in deciding cases, and there is a difference between applicable law (das sollen) with existing practice (das sein).