PRINSIP KEMANFAATAN PENYELESAIAN SENGKETA ELEKTRONIK SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI PERDAGANGAN ELEKTRONIK

The research is motivated by the need for eff ective, effi cient and low-cost dispute resolution in dispute arising from electronic commerce transactions. That is because the implementation of electronic commerce transaction ha the characteristic of speed and ease, then it must also be accommodated in the process of settling the dispute. This study aims to analyze, and provide a description of the form of application principle of utilities in ODR as an alternative dispute resolution of electronic commerce user. The result of this normative legal research which uses statute and conseptual approach provide an explaination that online dispute resolution as an e-commerce alternative dispute resolution system trial has been in accordance with the principle of utilities, because to fulfi ll an element that there are in principle utilities in the analysis on law and economic.

PENERAPAN PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI MASA PANDEMI COVID 19. (STUDI DI PENGADILAN AGAMA KAB. KEDIRI)

This article is the outcome of research aimed at took two problems. First, what is the procedure for the mediation process in accordance with the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016. Second, how is the implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016, during the Covid 19 pandemic at the Kediri District Religious Court. The method used in this research is juridical empirical. The research steps taken were: First, the researcher visited the Kediri District Religious Court offi ce. To fi nd initial data, and interviewed the data source, then processed and presented according to the theory used. The theory used is the legal system. In essence, there are three components in law, namely substance, structure and culture (society). The research found two things, namely: fi rst, that Mediation based on the regulations of the Supreme Court is carried out in three stages, fi rst is pre-mediation, the second stage is the application of mediation and the third stage is the implementation of mediation. The second fi nding is that the implementation of Perma RI Number: 1 of 2016 concerning mediation during the Covid 19 pandemic at the Kediri District Religious Court deviates from the established legal basis. The judge still gave a verdict or sentenced him, even though the Petitioner did not come at the time of mediation on the grounds of the Covid 19 Pandemic.

ACTIO PAULIANA SEBAGAI UPAYA PERLINDUNGAN BAGI KREDITOR MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA DAN UNDANG-UNDANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU)

Actio Pauliana is the right given to a creditor to cancel the debtor’s agreement with a third party. The purpose of this actio pauliana is to avoid losses from its creditors, by requesting the court to cancel the debtor’s legal action which is deemed to be detrimental to his creditors. Actio Pauliana provisions apart from being regulated in the Civil Code, are also regulated in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Repayment Obligation (UUKPKPU). However, the two rules have several diff erences. In this paper, the author wants to explain about Actio Pauliana which is regulated in the Civil Code and Actio Pauliana which is regulated in UUKPKPU in order to provide protection for creditors. This writing gives the result that Actio Pauliana’s lawsuit which is regulated in the Civil Code is submitted to the District Court and cannot be justifi ed and can take a long time. Unlike the case with Actio Pauliana which is regulated in the UUPKPU, the fi ling of a lawsuit is made to the Commercial Court and can be proven simply so that it can provide more protection for creditors.

KEPASTIAN HUKUM PEMEGANG SERTIFIKAT HAK MILIK DITINJAU DARI KEBERADAAN LEMBAGA RECHTSVERWERKING (Studi Beberapa Sengketa Hak Milik di Kota Padang)

Land is a very important entity for human life. There are no activities carried out that are not in contact with land. In its development, land is not only a form of one’s existence, but as an economic value that guarantee one’s life. It is important that land tenure is not only in physical form but also legal control based on rights. In order to realize the community’s desire for land control, an activity known as land registration is carried out. In regulation, land registration is regulated in Government Regulation No. 24 of 1997 concerning Land Registration. In this provision, there is a principle that guarantees legal certainty for certificate holder, namely the rechtsverwerking institution. The existence of this institution was aimed to provide legal certainty to proprietary right holders of land. However, in reality, this principle does not work as desired, because the judiciary continues to base decisions on the facts found in court.

PENGATURAN PENDIDIKAN PROFESI ADVOKAT DI INDONESIA

The implementation of Professional Advocate Certification is deemed to be incompatible with the standards in organizing professional education as regulated by Law no. 20 of 2003 on the National Education System and Law no. 12 of 2012 on Higher Education, causing uncertainty and unscrupulous on the quality of prospective advocates, detrimental to the legal environment in whole. The Profession of Advocates possesses a strategic position in law enforcement to uphold justice, therefore this occupation is known to be a noble profession (offi cium nobile). The problem formulation in this research is to set the framework of implementing Professional Advocate Certifi cation to maintain the professionalism and integrity of advocates and to organize the implementation of Professional Advocate Certifi cation in the coming days. With the use of normative approach as the method of research by utilizing statutory regulations, court decisions, and legal concepts, this study found that Professional Advocate Certifi cation must be carried out in collaboration with universities in accordance with the mandate of the Constitutional Court Decision (MKRI) No. 95/PUU-XIV/2016 date 23rd of May 2017, Decision Number 46 P/HUM/2019, Thursday, 26th of September 2019 and Decision Number 87 P/HUM/2019 on the date 13th of December 2019 and Regulation of the Minister of Research, Technology, and Higher Education Number 5 of 2019. Therefore, it is crucial to accomplish fundamental changes concerning the implementation of advocate professional education by constructing curriculum changes leading up to the integrity and expertise in maintaining the noble reputation of the advocates’ role (officium nobile).

KEDUDUKAN PEGAWAI NOTARIS SEBAGAI SAKSI DALAM AKTA AUTENTIK PADA PROSES PENYIDIKAN DAN PERADILAN DITINJAU UNDANG-UNDANG JABATAN NOTARIS

The existence of a Deed Witness is part of the formal aspect of the deed. Without a witness deed, t the notary deed as a Notary Deed, but only has the power of proof as an underhand deed. In addition, the actions of Notary employees as witnesses to deeds in each Notary’s deed are included in the notary fi eld, so that if it is linked to Article 16 paragraph (1) letter f of the Notary Position Law regarding keeping everything concerning deeds made by Notaries, the employees should a notary as a witness to the deed must be able to keep the contents of the deed confi dential. This article intends to fi nd out about the process of summoning notary employees who are witnesses to the deed for investigation and trial in connection with the confi dentiality of the contents of the deed and protecting the confi dentiality of the contents of the deed in the investigation and judicial process involving notary offi ce employees as witnesses to the deed. The results show that summoning notary employees who are deed witnesses for investigation and trial based on UUJN is that there are no rules for special procedures for calling witnesses to deeds in the investigation and trial process. A witness to deed does not have the right of refusal as a notary, therefore what applies is the provision as reference to KUHAP and HIR/Rbg. Protection of the confi dentiality of the contents of the deed in the investigation and judicial process involving notary offi ce employees as witnesses to the deed that there is no obligation for notary employees who are witnesses to the deed to keep the contents of the deed secret during the investigation and trial process. Notary employees who are witnesses to the deed do not completely violate the law because there are no rules in UUJN that regulate the oath to keep the contents of the deed confi dential

KEABSAHAN PEMBUKTIAN AKTA NOTARIS DI PENGADILAN SEBAGAI AKTA OTENTIK (Kajian Putusan No. 3591K/PDT/2018 )

The evidentiary process requires evidence which is regulated under the civil procedure law in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018, discusses documentary evidence in the form of an agreement to transfer and transfer land rights. Mahakamah Agung’s decision number 3591K/Pdt/2018 states that the deed has no legal force because the land object of the dispute has been issued a legally valid right to build (HGB) certifi cate. The purpose of this paper is to fi nd out the legal considerations of the decision of the Supreme Court of the Republic of Indonesia regarding the validity related to positive law in Indonesia. The research method used is a normative juridical approach with research specifi cations in the form of descriptive analytical through secondary data obtained from literature studies. The data analysis method used is qualitative normative method. The conclusion was obtained that the deed of agreement of transfer and transfer of land rights as outlined in deed number 255 is legally valid because the agreement was made by fulfi lling the validity requirements of the agreement in Article 1320 of the Civil Code, however the judge did not provide further explanation in the judge’s consideration regarding the validity of the letter.

PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA

Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts can be an eff ort to resolve civil disputes so that the settlement of civil disputes through mediation is the main choice. The research method used is normative legal research which includes research on legal principles which is very basic in guided law. The nature of the research carried out is descriptive, namely research that describes and explains in clear and detailed sentences. The data used are secondary data obtained from literature, consisting of primary, secondary, and tertiary legal materials. Processing and data analysis used qualitative methods. The defi nition of mediation according to the Religious Courts in Indonesia and the Syari’ah Courts in Malaysia is the eff ort of the judges and courts to reconcile the parties so that the divorce process does not continue at the next trial. When the mediation process was carried out at the Indonesian Religious Court and the Syari’ah Court in Malaysia, there was a similarity, namely the mediation process was carried out at the fi rst trial and it was an obligation for the disputing parties in a divorce case to take mediation. according to the procedure for the appointment of mediators at the Indonesian Religious Courts and the Syari’ah Courts in Malaysia and the appointments of these mediators are both made by the judges.

EKSEKUSI OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Fiduciary guarantees have existed in society since the Dutch colonial era because the fl exibility of objects that can be imposed by fi duciary increases the need for legal certainty for the guarantee of this model. UUJF requires the registration of fi duciary security to be imposed. Registration is carried out at the Ministry of Law and Human Rights to obtain a fi duciary certifi cate. The fi duciary certifi cate contains irah-irah which the power of execution so that the execution can be carried out immediately without going through a court and is final as explained in article 15 paragraph (2). In practice, this article often becomes a polemic in the community, causing actions against the law and even criminal acts when the fi duciary recipient wants to execute fi duciary collateral. After the decision of the Constitutional Court Number 18/PUU-XVII/2019, in its decision to redefi ne article 15 paragraph (2) and paragraph (3) UUJF, Based on this, this research discusses the executive power of the fi duciary security certifi cate after The Constitutional Court decision Number 18/PUU-XVII/2019. With statutory approach, and a conceptual approach, the conclusion is that the power of execution title in the fi duciary guarantee certifi cate is not changed, it’s just a legal consequence arising from the Constitutional Court decision number 18/PUU-XVII/2019, namely the implementation mechanism for the execution of the fi duciary guarantee certifi cate is carried out the same as the execution of court decisions that have permanent legal force (inkrah), when the grantor of fi duciary does not voluntarily surrender the object of fi duciary security under his control. Apart from that, it must be agreed by the parties regarding breach of contract. breach of contract should be detailed in the main agreement and the imposition of fi duciary security.

TINDAKAN CONTEMPT OF COURT DALAM PROSES PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN PERBANDINGANNYA DENGAN SINGAPURA

Contempt of Court behavior is rife in the process of resolving court disputes in Indonesia including civil disputes. Contempt of Court actions constitute an insult to the judiciary so that it is appropriate to be sanctioned as a deterrent eff ect. This study aims to determine the actions that can be qualified as a Contempt of Court in the settlement of civil disputes, as well as understanding the law enforcement of the Contempt of Court in the practice of dispute resolution in court and its comparison with Singapore. This study uses normative juridical methods. This method is carried out by examining library materials in the form of legislation, doctrine, and other scientific papers related to the Contempt of Court and interviews with sources to obtain primary data as a secondary data extras, which is then analyzed in a qualitative juridical analysis. The results of the research show that Civil Contempt actions in the practice of civil dispute resolution processes can be interpreted as any act done intentionally not in compliance with every summons, orders, decrees, warnings, or decisions issued by the court resulting in losses to parties who litigate and undermine the authority, dignity and honor of the court. Law enforcement against the actions of Civil Contempt of Court in Indonesia is still considered less eff ective when compared to Singapore. Singapore has included its arrangements in written rules governing the qualifi cations of actions and sanctions imposed. In addition to administrative and civil sanctions, criminal sanctions also apply in order to increase the effectiveness of enforcement of the Civil Contempt of Court.