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Abdul Rokhim; Dewi Fatmawati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

Agreement is a legal relationship between two or more parties based on an agreement to give rise to legal consequences of rights and obligations for both parties. Cancellation of the agreement can only be done if it is known that there was an oversight, fraud, or coercion from one of the parties when making the agreement. Oversight, fraud, or coercion are reasons that can cancel the agreement. This study aims to analyze the legal consequences of the cancellation of the cooperation agreement according to the Civil Code (KUH Perdata) and the legal remedies that can be taken by the parties as a result of the cancellation of the cooperation agreement. This type of research is normative legal research using a statutory approach. The results of the study show that the legal consequence of canceling the cooperation agreement is returning to its original position as it was before the agreement occurred. Meanwhile, the legal remedy resulting from the cancellation of the cooperation agreement is actively asking for the cancellation of the agreement which does not fulfill its subjective requirements in court or passively waiting for the opposing party to submit an annulment in court.

Naufal Wahyu Nabiha; Umi Enggarsasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. The criminal act of money laundering is increasingly complex, and uses increasingly varied methods, one of the crimes originating from money laundering is fraud. The problems studied are how the law protects victims of fraud, what is the mechanism for confiscating and returning assets resulting from criminal acts originating from the assets of fraud victims, as well as an analysis of the basic considerations of judges in the Supreme Court decision no. 3096 K/Pid.Sus/2018. The defendant, who was proven to have not only committed the crime of "Fraud", was also proven to have committed the crime of "Money Laundering", therefore, based on the provisions of Article 39 of the Criminal Code in conjunction with Article 46 of the Criminal Procedure Code, the evidence was confiscated for the state. 

David Bani Adam; Safar Dwi Kurniawan; Arif Rakhman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This study aims to analyze the implementation and proof of elements of criminal acts as required by Article 379a of the Criminal Code, specifically in cases where fraud is used as a livelihood. A normative legal approach is used with an analysis of legal documents and court decisions. The two results show the main aspects: (a) objective evidence in the form of transmission of fraud patterns and similar modes of use, and (b) subjective evidence in the form of intensity to make the activity a source of life. The findings show that recognition of habits (elements of habits) and completeness of evidence are key in the application of this article. The novelty of the study is the integration between empirical conclusion data and the need for proof of economic actors' habits, a dimension that has been less explored in previous studies.

Diah Resti Vilani; Niken Kurnia Yunita; Ahmat Luqman Nanda; David Aldo Wijaya

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Inquiry and investigation in the mechanism there is a difference between the two. Article 1 point 5 of the Criminal Procedure Code regulates investigations to determine whether an event that is suspected of being a crime is true before finally proceeding to the level of investigation. Where the investigation stage aims to determine the truth of a criminal act. After finding out who the perpetrators of the crime were, then in accordance with the constitution a court process will be carried out through an independent judicial power. Merdeka has the principle that judicial power must be free from any form of encouragement or interference from any outside party. It is different from the power to adjudicate in the post-New Order era where legal dualism occurred. This study uses a normative juridical method with a statutory approach (Statute Approach) regarding Law Number 14 of 1970 concerning Judicial Power in the New Order regime as well as a Case Approach (Case Approach) of legal dualism carried out by President Soeharto where presidential power is attached to legal authority. justice. The power of the president attached to the power of the judiciary will give birth to the independence or independence of the decisions of the judges because there is interference from the power of the president.

Gradia Okultra Alba; Alan Siti Nurrizky

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Buying and selling is a legal relationship that has rights and obligations between the parties, including house buying and selling transactions through a House Sale and Purchase Agreement (PPJB) and Sale and Purchase Deed (AJB) carried out in front of a notary. The study has a goal, namely to find out and analyze the validity of buying and selling transactions of houses in the perspective of the Civil Code. Juridical-normatic is used as a research method whose approach is in the form of laws and literature studies. The result of this study is a house sale and purchase agreement, namely a special agreement whose rules are contained in Article 1457 of the Civil Code. The validity of this sale and purchase refers to Article 1320 of the Civil Code concerning the legal terms of the agreement. Buying and selling houses is carried out through various stages, namely the preparation of PPJB, payment of seller and buyer taxes and the process of transferring the name in AJB before a notary. Legitimacy can occur if the making of this agreement is not because there is a forced withdrawal from any party,, does not violate the provisions of laws and regalutions, decency and the public interest.

Riza Yoga Pramana; Liliana Tedjosaputro

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

The purpose of the study is to determine and analyze the criminal law protection of embezzlement of assets (Boedel Bankruptcy) of debtors that result in losses to creditors, and obstacles to criminal law enforcement for embezzlement of debtors' assets that result in the formulation of the problem What is the position of criminal law Embezzlement of debtors on their assets that causes creditor losses and how to overcome them. The method used in this study uses the Normative juridical approach method, the data sources are secondary data and primary legal materials.  Research Results (1).  Legal protection of the criminal act of embezzlement of the debtor that causes losses to the debtor, after being declared bankrupt by a judge is a criminal act of embezzlement regulated by Article 372 of the Criminal Code and Article 400 paragraph (1) of the Criminal Code, because the fulfillment of the criminal elements is fulfilled. (2). Obstacles faced, Uncooperation of the insolvent debtor in carrying out legal proceedings due to the lack of level of legal awareness possessed by the insolvent debtor. To overcome this, the bankrupt debtor should comply with the contents of the decision of the Supreme Court case Number 2K / Pdt.Sus-Pailit / 2019 willing to submit the legality of access to the curator team that will resolve, and as a good Indonesian citizen must obey, submit, and obey the laws and laws in force in Indonesia.

Azizul Hakiki

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

The Order for Termination of Investigation or hereinafter referred to as SP3 is the authority given attributively to criminal investigators. This paper intends to provide an analysis in terms of normative law regarding the validity of the termination of an investigation carried out based on reconciliation between the suspect and the complainant in the case of ordinary offenses. Research is a main means in developing a science and technology with the aim of revealing the existence of a truth both systematically, methodologically, and consistently through the research process as well as conducting analysis and construction of the data that has been processed and then concluded. Article 109 Paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) states that there are three conditions to stop an investigation of a criminal act. First, there is not enough evidence. Second, the act committed by the suspect is not a crime. Third, the investigation was stopped for the sake of law. The fact that the revocation of the police report resulted in the case being discontinued or terminated, as evidenced by the issuance of an Investigation Termination Order or SP3.