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Christiadi Yanuar Saputro

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Criminal provisions in a statutory regulation are certain doses or remedies as a means of achieving the formulated goals. The purpose of this article is to examine and analyze the inconsistency of the material content of the criminal provisions against the formulation of the objectives of legal certainty in the Law of the Republic of Indonesia No. 3 of 2020 concerning Mineral and Coal Mining. The research method uses a normative juridical method. Secondary data in the form of primary legal data on laws and regulations related to the criminal provisions of the Minerba Law is elaborated so that the adequacy of the content of the criminal provisions is able to test the clarity of the objectives of legal certainty. The results found that there were inconsistencies in criminal provisions as a means of achieving goals in the formulation of guaranteeing legal certainty. The application of Article 162 of the Mineral and Coal Law is subjective and tends to criminalize members of the community around mineral and coal mining. This fact proves that the objective of legal certainty is objective, ambiguous with subjective criminal means. The main article of criminal provisions in the Minerba Law is Article 158 which is systematically constructed with Article 35. Basically, the criminal provisions are used as the legal regime for licensing in the strategies and techniques of government control and control in the mineral and coal sector.

Berliana Adinda Ayu Puspita

The International Conference on Education, Social Sciences and Technology 2022 International Forum of Researchers and Lecturers

Sales and purchase agreements that occur electronically between sellers and buyers create online buying and selling. Internet and social media users in Indonesia, online E-Commerce businesses are increasingly growing. E-Commerce is business activities involving consumers, manufacturers, service providers and intermediaries using computer networks, namely the internet. E-Commerce users are also of various ages, because there are many conveniences when shopping online, just open the desired E-Commerce application, choose the items you buy and the goods arrive as desired within a few days. The increasing number of online buying and selling has indirectly influenced changes in legal regulations. The rules that apply in Indonesia are still unclear regarding electronic buying and selling. This is due to the fact that the conditions necessary for the validity of an electronic agreement have not been specifically regulated. The aim of this research is to determine the validity of electronic contract agreements in E-Commerce transactions in terms of civil law. In this research, normative research methods were used. This method involves processing data from legal regulations and applying rules or norms as the basis for research. Research results Electronic documents are binding and recognized as valid evidence to provide legal certainty regarding the operation of electronic systems and electronic transactions, especially for proof and related to legal actions carried out through electronic systems

Hery Kurniawan Zaenal

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

Tubagus Andri Purnama; Yohanes Firmansyah; Anna Maria Tri Anggraini‬; Elfrida Ratnawati Gultom; Imam Hartanto

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

Legal certainty can be reached by good and explicit principles in a legislation, as well as its application. Investment requires legal certainty as well. On April 26, 2007, the Investment Law No. 25 of 2007 was enacted. This legislation was enacted to replace Law No. 1 of 1967 on Foreign Investment and Law No. 6 of 1968 on Domestic Investment. There are eleven factors that serve as benchmarks for gauging a country's ease of doing business. One of the indications is related to the resolution of investment conflicts, or in this case, contract enforcement and bankruptcy proceedings. According to the Doing Business 2019 report, Indonesia ranks 73rd (seventy-three) in terms of ease of doing business. Indonesia's EoDB ranking remains distant from the aim of entering the world's top 40 (forty) ranks. This is due to the fact that, among other things, dispute resolution in Indonesia still has various issues, including basic regulations, the trial procedure, and decision implementation. Meanwhile, affordable, fast, and simple conflict resolution facilities are required in the corporate world (according to EoDB indications). The results of this descriptive analytical research utilizing a normative juridical approach reveal that there is no implementing regulation of Law Number 25 of 2007 concerning Investment, which focuses on discussing investment disputes, therefore there is no strong legal certainty in investing in Indonesia. Furthermore, there are several issues concerning the resolution of bankruptcy cases, some of which stem from regulations, namely Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, some of which can result in certain interests, the length of the bankruptcy court process, and legal certainty following the bankruptcy decision. A breakthrough or update that can support EoDB is required, one of which can be done in the field of investment dispute resolution, particularly connected to contract enforcement and bankruptcy case settlement, by creating implementing regulations and updating associated regulations.

Sudarto Sudarto

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

Electronic registration of land certificates has been implemented by the Government through the Kementerian Agraria dan Tata Ruang / Badan Pertanahan Nasional (ATR/BPN). However, certificate owners often doubt the legal force of electronic certificates, especially their validity to be used as evidence in court. This study examines specifically the juridical review regarding legal certainty obtained by the owner of an electronic land certificate. The research uses a normative juridical approach, with secondary data in the form of legal materials, primary, secondary and tertiary legal materials. Based on research, electronic certificates have a strong legal basis and have legal force as proof of rights to ownership and utilization of land. Thus, the owner of the certificate gets legal certainty in the form of protection of his land asset rights.

Nirwan Junus; Karlin Z. Mamu; Dian Ekawaty Ismail; Fence M Wantu; Mohamad Rusdiyanto U Puluhulawa +5 more

Jurnal Pengabdian Kepada Masyarakat 2022 Pusat Riset dan Inovasi Nasional

The problem of land ownership in Buntulia Village is influenced by the lack of knowledge and awareness of the community about land ownership rights because of the total population of 549 families, 463 people have not registered their own land. This of course raises a fairly basic problem by the village government to be resolved. Therefore, in this downstreaming, the service team provides understanding and legal knowledge to the community about the importance of registering property rights and providing assistance to the community together with the Land Agency through the Border Marks Post Community Movement (GEMA PATAS) in order to increase community participation in installing boundary markings, making it easier for BPN officers to take measurements, as well as being able to accelerate the government program on Complete Systematic Land Registration. Thus the community could see the importance of legalizing property rights to the land in order  to avoid disputes and thereby give legal certainty to the parties.

Apriliani, Sandra Dikna

DINAMIKA HUKUM 2021 Universitas Stikubank

Land* is* a* necessity* that* is* needed* by* every* Indonesian* citizen.* The* purpose* of* this* study* is* to* find* out* and* analyze* the* resolution* of* legal* disputes* against* holders* of* certificates* of* ownership* (double* certificate).* A sense of wanting to have a subject that will eventually lead to land disputes. One of the problems is the emergence of multiple ownership certificate (overlapping). "Double Certificate" can lead to civil disputes between the parties, so to ensure legal certainty over the land it needs to be resolved through a judiciary. Based* on* the* results* of* the* study* indicate* that* the* occurrence* of* double* certificates* caused* by* several* factors,* namely* the* bad* intention* of* the* applicant* for* the* certificate,* an* error* from* the* Land* Office,* namely* in* terms* of* collecting* and* processing* physical* data* and* juridical* data* of* the* land,* and* the* unavailability* of* a* comprehensive* land* registration* map.* Double certificate occur because there are two certificates in one office issued officially by the Land Office. This* research* uses* normative* juridical,* data* sources* collected* from* library* data* and* then* the* data* collection* techniques* used* are* literature* study.* The* formulation* of* the* problem* in* this* research* skirpsi* is*what* are* the* factors* that* lead* to* the* submission* of* dual* certificates,* and* the* legal* protection* that* double* certificate.* Legal protection for holders of land rights is as regulated in Government Regulation No.24 of 1997 and Article 38 paragraph (2) UUPA, Article 32 paragraph (2), Article 23 paragraph (2) and Article 19 paragraph (2) letter c, that the certificates of proof of right act as a strong means of proof. The two rights owners who are the object of the dispute do not receive legal protection if the revocation of the land certificate has been decided. Because the publication system used in Indonesia is a negative publication system that contains positive elements. Settlement* of* land* disputes* can* be* resolved* by* deliberation* by* the* parties* or* mediation* and* through* justice.* On* the* other* hand* there* is* a* need* for* special* procedural* law* provisions* either* through* deliberation* or* mediation* at* Land* Office* and* the* court* if* dispute* resolution* occurs* through* litigation. The settlement of disputes through this court route s generally through several solutions, ths is : 1. Lawsuit to the land office 2. Civil suit in court 3. State admnstrative court 4. Kasasi in the menchanism for resolving land disputes with multiple certificate outside the court route includes the use of legal remedies by mediaton.   Keywords:* Settlement,* Land* Certificate,* Double

Mulyanti, Ariska Sri; Suliantoro, Adi

DINAMIKA HUKUM 2021 Universitas Stikubank

One of the problems that often arise in an agreement is default, which can result in the creditor experiencing losses due to the debtor being in default. . In the first trial, the judge usually offers a peace deed. When agreed by the parties, a Deed of Peace is issued by the court. The judge's decision of peace deed has binding power for litigants and there is legal certainty and has executive power, namely the power to carry out what is stipulated in the decision by force by state instruments. Likewise with the decision of the District Court No. 29/Pdt.G.S/2019/PN.Unr. The problem is whether the decision number 29/Pdt.G.S/2019/PN.Unr can be appealed or cassed, how will it be resolved if the defendant in the peace deed does not comply with the contents of the deed. This research uses a normative juridical research type, which is carried out by studying legislation, theories and concepts related to the problems to be studied. From the results of the analysis, it is concluded that the legal force of the peace deed is regulated in Article 1858 of the Civil Code and Article 130 paragraphs (2) and (3) of the HIR. This Peace Deed is essentially irrevocable. Cancellation of the Peace Deed may be requested, if its contents are contrary to the law. The legal basis for the Supreme Court Decision Number 454 K/Pdt/1991. The Plaintiff and the Defendant must comply with the contents of the Deed of Reconciliation, because it is a mutual agreement. The Deed of Peace cannot be appealed or appealed. The legal basis is Article 130 paragraph (2) of HIR. If the defendant does not comply with the decision of the Peace Deed, it can be executed by force through the court. The basis (Article 196 (HIR) and Article 207 Rechtreglement voor de Buitengewesten (RBG).             Keywords: Peace, the Power of Law, HIR and RBG

Ulfa, Jazillatul; Andraini, Fitika

DINAMIKA HUKUM 2020 Universitas Stikubank

Earth, water and space as well as the natural resources contained therein under the control of the State are gifts from God Almighty whose functions and uses are for the prosperity of the people. Land for the Indonesian Nation is a source of livelihood and is regulated in the provisions of the Law. The Basic Agrarian Law No. 5 of 1990 lays the foundation on providing legal certainty for land rights for the Indonesian people. Legal certainty is obtained after the land registration process. Land rights that have legal certainty can be transferred or transferred. however, in the process, disputes over land rights still occur in the community. Blocking of Land Rights Certificates is taken as an administrative step in the dispute resolution process, but there is a period of only 30 days to record the blocking of Peru, it is known how the factors of land blocking, how to know the position of the holder of the Land Rights certificate when the block is being blocked and when the period is 30 blocking day is over but the dispute has not been resolved. The type of research used by the writer is juridical normative and descriptive analytical research specification by collecting data by means of literature study and interviews which are presented in a descriptive manner and analyzed in a descriptive qualitative manner. The results of the research and data analysis carried out show the factors that cause the blocking of Land Rights Certificates, namely: a. Gono-Gini distribution of assets, b. Land Rights Holders do not have good faith, c. Distribution of Inheritance, d. Lost Certificate, e. There is an investigation by the Police, f. Land rights confiscated by the State Receivables Affairs Committee (PUPN) in connection with the settlement of State Receivables. Legal protection & the position of the Land Rights Certificate Holder when the blockage is carried out is that the right holder cannot take legal action against the blocked land for 30 days after the block registration was carried out, article 19 UUUPA / PP 241997 regarding registration will not be lost The legal certainty of the rights holder remains attached to it as long as there has been no transfer of rights to the land they own. If the 30 day period of blocking is over but the dispute has not been completed, the blocking will not be removed by law and will remain in effect as long as there is no request for revocation by the applicant or the provisions -Other provisions which become the reasons for the removal of the block in accordance with article 14 of the Regulation of the Minister of ATR / Head of the National Land Agency No.13 of 2017 concerning the Procedure for Blocking and Confiscation, this is because in the Land Office (Semarang) there is no system that can identify or filter out expired blocks.   Keywords: Land Registration, Legal Certainty, Rightsholders, Blocking of Land Rights Certificates, Position of Rightsholders

Raihan A. Hanasi; Siti Nurhaliza Labasir; Lina Syafitri

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2016 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Maladministration in BPJS Kesehatan services at government hospitals remains a persistent challenge that undermines the principles of good governance in Indonesia. This study examines violations of the General Principles of Good Governance (Asas-Asas Umum Pemerintahan yang Baik/AUPB) in the context of BPJS Kesehatan services at Dr. Wahidin Sudirohusodo Regional General Hospital (RSUD), Makassar, South Sulawesi. This research employs a normative-empirical legal method, combining statutory analysis with field data obtained through interviews and documentation. The findings reveal that maladministrative practices—including procedural delays, discriminatory treatment of BPJS patients, inadequate information disclosure, and arbitrary administrative decisions violate several AUPB principles enshrined in Law No. 30 of 2014 on Government Administration. These violations contravene the principles of legal certainty, impartiality, proportionality, and accountability. The study concludes that institutional reforms, strengthened supervisory mechanisms through the Ombudsman of the Republic of Indonesia, and enhanced legal literacy among healthcare workers are necessary to reduce maladministration. This research contributes to the development of administrative law enforcement in the Indonesian public health sector.

Samadi, Wibowo Murti; Suryanto, Edy -

Wacana Hukum 2013 Faculty of Law, Universitas Slamet Riyadi

Abstract: BPN is an institution that is authorized to perform the duties of government land,among others implement acceleration land registration. Based on GovernmentRegulation No. 24/1997 concerning PRONA (national programe) policies, namelyproviding land registration services and legal certainty as to realize the achievement ofchess orderly land sector. If Government Regulation No. 24/1997 implemented properly,it will provide legal certainty, that the rule of law: land rights holders; lay of the land;acreage and others. Completeness and actual information on every subject in the landregistration law, it will be easier to take legal actions against the parcel of land that hasbeen registered.Key words: national programe, acceleration of land registration.

Kusumo, Bambang Ali

Wacana Hukum 2013 Faculty of Law, Universitas Slamet Riyadi

Abstract:Decision of the Supreme Court No. 653 K/Pid/2011 less oriented to justice but moreoriented towards legal certainty. It can be seen from the decision that is based on thesubstance of justice, but only based on a majority vote of the judges. The existence ofthis decision be one that affects the issuance of Perma No. 02 Tahun 2012 on theadjustment limits the number of minor criminal offenses and penalties in the KUHP.Key words: Keadilan, Kemanfaatan dan Kepastian Hukum.

-, Maryanto -

Wacana Hukum 2013 Faculty of Law, Universitas Slamet Riyadi

Abstract: The principles of legal certainty very dominating in the law enforcement inIndonesia. The principle of legal certainty that comes from century XVII/XVIIIin Europe is a great idea from tangible in writing, made by competentauthorities. The term of analytical jurisprudence indicates that the law shoulbe removed from the study of metaphysics. Doctrine analytical jurisprudenceannnot be implemented just after about two centuries introduction by theoriginators. It is doe to changes and development of society so rapidly. Forthose in law enforcement must look spirit and the time made law. Don’t justlook at the text but the context of the law with the purpose of the law.Key word: law enforcement, Analytical Jurisprudence,religion models of reinforcement.