Tadulako Master Law Journal
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Published By Universitas Tadulako

2579-7697, 2579-7670

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Fonni Tahir

Analysis of Civil Partnership of Notary Based on the Law of Notary Position. The Law of Notary Position provides an opportunity for notaries to establish a Civil Partnership of notaries in the performance of their position. This is contrary to the notary profession, since the purpose of the formation of Civil Partnership is to seek the benefit to be distributed to allies as stipulated in the Civil Code. This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required.Keywords: civil partnership, notary, joint office, maatschap


2018 ◽  
Vol 2 (2) ◽  
pp. 43
Author(s):  
Erni Wahyuni

The research goals are to study and describe the consideration of the jugde inrelated to status of the marriage child, before isbat nikah, as well as to describe the implication to the child born before isbat nikah. The research method used is juridical normative jurisdiction, the data used are secondary data. The data analysis was done by qualitative analysis. The results of research in this thesis turned out to be, not all requests of marriage confirmation of undocumented marriages can be granted. Religious Court will grant the confirmation of marriage that qualified one of criteria in Article 7, paragraph (3) letter a to letter e Compilation of Islamic Law and the marriage proven at trialappropriate according to Islamic Law, and theres no violation ofmarriage banaccording to Islamic law and state law.


2018 ◽  
Vol 2 (2) ◽  
pp. 1
Author(s):  
Rizky Karo Karo ◽  
Debora Pasaribu

Development of technology, communications and the internet make people life easier and faster. Online systems provide changes to buy foods & goods, reserve online transportation even to get consultation with doctor. This research aims to examine the legal aspects of online consultation between doctor and patient or users, about the limitations that can be given in the consultation. The method used is the normative juridical method, using secondary data in the form of books, journals, articles and related regulations and data analysis techniques used are qualitative descriptive. The results of the study: (1). People can consult & communicate with doctors through the online medium by providing true information about their disease history, use of certain drugs and doctors would give the opinions according to the patient's information and the code of ethics; (2). The consultation of doctors through online media obeyed to the Law on Technology & Information, the Health Act, the Medical Practice Act, Consumer Protection Act.Key words: doctor, online consultation, patient, law on techology and informationKey words: doctor, online consultation, patient, law on techology and information


2018 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Fonni Fonni

This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required


2018 ◽  
Vol 2 (2) ◽  
pp. 59
Author(s):  
Rosalina Dewi Langelo

The process of land acquisition for development for wide-ranging public interest is always carried out with the stages as stipulated in Law Number 2 Year 2012 and its implementing regulations. However, other things with the procurement of small-scale land that can be done by way of sale and purchase, exchange or other means agreed by both parties without going through the stages set forth in the laws and regulations implementation. Article 121 of Presidential Regulation No. 148 of 2015 in paragraph (3) states that small-scale land procurement can be carried out without location determination. In the absence of a location stipulation in small-scale land acquisition resulted in agencies requiring land can not consign or take care of damages in court because one of the conditions set forth in Supreme Court Regulation No. 3 of 2016 to do consignment or nursing in court requires determination location set by governor or mayor / regent


2018 ◽  
Vol 2 (2) ◽  
pp. 72
Author(s):  
Hasnawati Hasnawati

The research aim are to know the implementation of strict evidence in corruption committed in Indonesia and the constraint or obstacle faced by the corruption agency. The method of this research was normative juridical, because the research about reversal burden of proof of corruption in crime in Indonesia, which data obtained from primary, secondary, and tertiary legal materials. Research result reveal that implementation of proof in corruption cases is often felt to be ineffective and very burdensome to the Investigator apparatus therefor  two theories of proof, namely the free theory embraced by the dependent and negative theory according to the law adopted  by the public prosecutor or ordinary commonly called the theory reversal burden of  limited proof and in balance , the dependent has the right to proved that he has not commited a criminal act of corruption and that the prosecutor still has the duty to verify the indictment. The obstacles faced by law enforcement in implementing the burdening system of proof on the handling of corruption crime, namely the Contraints for the public Prosecutor and the obstacle for the judge divided into 2(two) types, namely : Juridical and Non Juridical Contrains


2018 ◽  
Vol 2 (2) ◽  
pp. 31
Author(s):  
Syarif Hidayatullah

This writing intends to know the application of the principle of community participation in environmental protection and management of rock mining in Donggala Regency and supporting factors of community participation in environmental protection and management of the rock mining business. Through empirical legal research methods, The data analysis used is qualitative. The results of this study indicate that: first, the principle of community participation in environmental protection and management of rock mining in Donggala Regency is still low. And secondly, the supporting factor of community participation in the protection and environmental management of the rock mining business in Donggala regency is local government, non-governmental organizations, community education and facilities / infrastructure.


2018 ◽  
Vol 2 (2) ◽  
pp. 12
Author(s):  
Arina Silviana

This research aim at knowing and analyzing the way how to solve the inter school in Makassar and knowing and analyzing the factors resulting the inter-school gang fight in Makassar. This research of empirical law which used primary data and secondary data. The primary data directly got from the respondents, those are the students and the counselor teachers. The secondary data got from the books and literatures, policies, seminar result and any supported data. the result of the research shows that factors cause the inter school gang fight are some unimportant and trivial things such as so-closed school place, competition, missunderstanding, revenge, and economical problem. Alternate solution of inter school gang fight are teaching the students more religion, do family-improvement, teaching the students about the character education, teaching the students about behavior of respecting each other, do visit each-others, practice the law, make a peace agreement inter school gang fight


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