Publication Search

This study examines The Legal Position of the Peace Deed as a Means of Dispute Resolution for Parties Outside the Court, focusing on the notary’s authority and the legal strength of the peace deed compared to court decisions. Using a normative juridical method, this research emphasizes an analysis of positive legal provisions such as the Indonesian Civil Code, the Notary Law, and the Law on Arbitration and Alternative Dispute Resolution. The findings indicate that notaries possess legal authority to draft peace deeds as authentic instruments ensuring legal certainty and justice for disputing parties. A peace deed made before a notary holds the same legal force as a court decision with permanent legal effect (inkracht van gewijsde) and may serve as an executorial title when issued in the form of a grosse acte. Thus, the notarial peace deed functions as an effective, efficient, and equitable legal instrument for resolving disputes, reinforcing the principles of simplicity, speed, and low cost within the national legal system.

The many land problems require a significant role from the regional government to create legal certainty regarding the existence of Land Certificates in Belitung Regency. The research method used in this writing is a normative juridical research method using a Statutory Approach and a Conceptual Approach. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. For data analysis using Legal Interpretation Techniques and Legal Construction Techniques. The results of this research show that until now there has been no regulation or legal product governing Land Certificates in Belitung Regency, so clear regulations are needed regarding the existence of these Land Certificates in order to create legal certainty and reduce land problems and disputes.

A private land sale and purchase agreement is an agreement made by the parties without any intervention from the Land Deed Making Officer (PPAT). Private land sale and purchase agreements often cause disputes, which in the judicial process are often decided by default. The purpose of this study is to analyze the legal certainty of disputes over private land sale and purchase agreements with default decisions in the Cibinong District Court Case Number 327/PDT.G/2020/PN CBI. The research method uses normative juridical with a case approach.

The global COVID-19 pandemic has disrupted the health sector, forcing countries to transform their health. In Indonesia, the response to this crisis was the issuance of a new health law, namely Law No. 17 of 2023. One of the updates is the provision that provides legal protection for medical personnel, namely in the process of criminal investigations against medical personnel, investigators must first request a recommendation from the authorized panel in disciplinary examinations, in this case, referring to the previous law, the Indonesian Medical Discipline Honorary Council (MKDKI). The recommendation determines whether the investigation can be continued or not based on the implementation of the professional practice of medical personnel, whether or not it is in accordance with professional standards, service standards, and standard operating procedures. The request for a recommendation from the panel must be received by the investigator no later than 14 days, and if it is more than that, the panel is considered to have approved the investigation of medical personnel. This is a polemic because for crucial decisions, namely assessing whether or not there is a violation of standards, only 14 days are given, while in reality the examination takes months. Finally, the research is presented to measure the legal certainty of the complaint examination procedure within the MKDKI, the legal certainty of the panel's recommendations regarding the continuation of the investigation process, and to reformulate provisions that are not yet fair in the process.

Bankruptcy is a legal process in which the assets of an insolvent debtor are managed and settled by a curator under the supervision of a judge. This research discusses the legal certainty for workers when the company goes bankrupt, as well as the legal protection for their rights. It employs normative legal research methods and qualitative analysis of secondary data, which includes primary, secondary, and tertiary legal materials. The results of this study indicate that workers' rights must be prioritized in cases of company bankruptcy, in accordance with Constitutional Court Decision No. 67/PUU-XI/2013. In such instances, unpaid workers' wages must take precedence over other creditors, including the state and government agencies. Curators play an important role in protecting workers' rights during the insolvency process, and workers have the right to sue if their rights are not met.

Land has an economic value to its owner. When land is acquired in the public interest, the loss is determined by the KJPP Land Appraiser, who is responsible for the appraisal. Violations of the appraiser's duties are subject to administrative and/or criminal sanctions. The valuation includes land, surface and underground areas, buildings, equipment and related objects. The results of the appraisal become the basis for deliberations to determine the compensation, and the entitled party may take legal action in case of disagreement. This research uses a normative juridical method with a Legislation, Case, and Concept approach. The data used are secondary data (primary, secondary, and tertiary legal materials) and primary data as support. Data analysis is carried out using the normative juridical analysis method. The results of the study show that there are several problems in land acquisition, such as different results of object value assessment and regulatory inconsistencies, which lead to unequal bargaining positions. Conclusion: Appraisers are responsible for conducting appraisals according to established procedures. Researchers hope that the valuation results can be accounted for and in accordance with the law, as well as special rules for the Public Appraisal Profession and Supreme Court Regulations related to compensation procedures in land acquisition.

This research discusses the legal and economic aspects related to Sales and Purchase Agreements in the context of debt settlement. The main focus is the legal analysis of Sales and Purchase Agreements which is based on Debt-Receivable or Money Lending and Borrowing Agreements, as well as its impact on legal certainty and protection for the parties involved. This research also investigates the provisions of Articles 1457 and 1458 of the Civil Code regarding the validity of sale and purchase transactions, as well as the process of transferring land rights through a Deed of Sale and Purchase carried out by the Land Deed Official. The study results show that PPJB is often used as debt collateral, although this practice is not legally valid because Sales and Purchase Agreements and Debt-Receivable Agreements have different concepts and principles. The use of Sales and Purchase Agreements as debt collateral is considered problematic because it violates Article 1320 of the Civil Code which regulates the conditions for the validity of an agreement. This research emphasizes the importance of understanding the differences between sales and purchase agreements and accounts payable to ensure legal clarity and adequate protection for all parties involved in the agreement.    

Passport services at the Class 1 Non TPI Immigration Office in Pemalang, Central Java are oriented towards public satisfaction by not abandoning the principles of excellent service, which include: simplicity, clarity, certainty of time, accuracy, security, responsibility, completeness of facilities and infrastructure, convenience access, discipline, politeness and friendliness, as well as comfort. As well as having standards, namely: legal basis, requirements, systems, mechanisms, procedures, settlement period, costs/tariffs, service products, facilities and infrastructure, implementing competence, internal supervision, complaint handling , suggestions, input, number of implementers, service guarantees that provide certainty of time, security and safety guarantees, as well as evaluation of implementer performance.The purpose of this research is to evaluate the level of service provided by the Class 1 Non TPI Immigration Office, Pemalang, Central Java in making passports. This research uses observation, documentation and interviews as data collection methods, with a qualitative descriptive approach.The results show that the Central Java Non-TPI Class 1 Immigration Office in Pemalang usually offers competent passport issuance services. This conclusion is based on an assessment of service quality elements such as dependability, responsiveness, assurance, empathy, and concrete evidence. However, the report also identified a number of challenges, such as staff shortages and a lack of facilities and equipment.The Class 1 Non TPI Immigration Office in Pemalang, Central Java must take a number of steps to improve the quality of its services. These include increasing the number of employees, training to improve human resource capabilities, improving and completing facilities and infrastructure, as well as increasing community collaboration and communication. The office's goal in implementing these changes is to provide services that are faster, easier, and more acceptable to the community.

This research aims to understand and analyze the implementation of a Regional Regulation related to the Organization of Child Protection in Karanganyar Regency and the factors that hinder the Organization of Child Protection in Karanganyar Regency. The type of research used is empirical research. The nature of this research is descriptive with an approach based on data obtained from a source or focused interview and a legislative approach or statute approach. The type of data used includes primary and secondary legal materials. The data collection techniques used in this research include surveys through document study methods, interviews, and observations. Primary data is collected by studying related legislation and regulations as legal materials and conducting observations and interviews with sources as research objects, while secondary data is collected through literature studies of scientific books, law journals, theses, dissertations, legal articles, and legal materials relevant to this legal research.  The results of the research show that the implementation of a Regional Regulation related to the Organization of Child Protection serves as legal protection that acts as a guarantee to provide justice and legal certainty for children, especially in protecting children's rights. The obstacles in the Organization of Child Protection in Karanganyar Regency are due to the handling being based on community reports and the lack of education, understanding, and knowledge of the community regarding Karanganyar Regency Regional Regulation Number 4 of 2021 on the Organization of Child Protection, which is caused by limited funds for its implementation.  

Special Economic Zones (SEZs) in Indonesia serve as strategic instruments to attract domestic and foreign investments and accelerate economic growth in specific regions. Legal certainty within SEZs, encompassing regulatory stability, transparent licensing procedures, and effective legal protection, plays a crucial role in shaping investor perceptions and decisions. This research employs a normative juridical research method, focusing on the study of applicable legal norms or rules to analyze, interpret, and examine relevant legal principles. The findings indicate that investor perceptions of legal certainty are significantly influenced by regulatory complexity and consistency, transparent licensing procedures, and adequate legal protections. Investors tend to favor investment environments offering clear regulations, efficient licensing processes, and robust legal protections to mitigate investment risks. Based on these findings, it is recommended to enhance regulatory transparency and consistency, streamline licensing processes, strengthen legal protections, and improve investor education on SEZ regulations and legal protections. These steps are expected to enhance the attractiveness of SEZs as competitive and sustainable investment destinations, contributing significantly to regional economic growth.

This research was motivated by the dismissal of Aswanto as a constitutional judge by the DPR, who legally and constitutionally still served as a constitutional judge. This research aims to find out aspects of constitutional law related to the appointment and dismissal of constitutional judges and to find out the implications of Constitutional Court Decision Number 96/PPU-XVIII/2020and the implications of Aswanto's dismissal as a constitutional judge. This research uses normative legal research. With a statutory approach, conceptual approach and case approach. The results of this research are that constitutional judges are proposed by the President, the House of Representatives and the Supreme Court with a mechanism regulated separately by the institution that nominates constitutional judges while not violating the provisions of the Law and in its implementation it must be open with the principles of transparency, participatory, objective and accountable. The implications of the Constitutional Court Decision Number 96/PPU-XVIII/2020 provide legal certainty regarding the tenure of incumbent constitutional judges and maintain the independence and impartiality of constitutional judges. The DPR's action to dismiss Aswanto constitutes a legal vacuum (rechstvacuum) because there are no regulations governing the DPR's authority to dismiss constitutional judges. The legal implications that occurred in the dismissal of Judge Aswanto by the DPR included legal uncertainty, inconsistency between the DPR and the President in implementing statutory regulations, problems with the independence of constitutional judges, and leading to the invalidity of the Presidential Decree.

Unseen divorce is a phenomenon that reflects the complexity of marital problems in modern times, where communication and physical presence play an important role in the continuity of marital relationships. The case of supernatural divorce shows the need for legal protection and certainty for the bereaved spouse so that they can continue their lives clearly and legally. In the context of marriage, a wife whose husband is declared mafqud faces a legal and moral dilemma regarding her marital status and personal rights. Therefore, Islamic law provides certain guidelines regarding how to handle mafqud cases to ensure justice and legal certainty for all parties involved.

This study examines the concept of Freies Ermessen in government policy and how the principles of General Principles of Good Governance (GPGG) are used to establish the basis for discretionary actions. Freies Ermessen grants government officials the freedom to act without being entirely bound by law, primarily aiming to enhance public welfare. However, within the framework of a legal state, the use of discretion must meet GPGG elements such as public service objectives, active state administration actions, law-permitted actions, self-initiative, addressing urgent issues, and moral and legal accountability. This research employs normative legal methods to examine the internal aspects of positive law, focusing on how GPGG can be used as a concrete basis for public officials in exercising discretion. GPGG serves as a guideline for the government to ensure their actions align with legal purposes and avoid abuse of power. These principles also assist citizens in seeking justice and provide a basis for judges in reviewing administrative decisions. The study highlights the significance of shifting GPGG from unwritten to written law, as stipulated in Law Number 30 of 2014 on Government Administration, to facilitate officials in using these principles as guidelines. The implementation of discretion regulated by this law aims to streamline government administration, fill legal gaps, provide legal certainty, and overcome government stagnation for public benefit and interest.

The human need for land from day to day continues to increase, in line with the rapid development in all fields carried out. This is the basis for the importance of registering land with the National Land Agency. Which is the formulation of the problem (What is the function of the land agency in realizing the land registration program in Sikka Regency? (2) What are the inhibiting factors faced by the Land Agency in the implementation of complete systematic land registration in Sikka Regency?. The methods in this study are (1) Normative research, namely research whose data is taken from laws and regulations, (2) Empirical research, namely how the law works in society. The results of the study show that the Land Agency has an important role in ensuring legal certainty over land ownership through a systematic registration process. The function obtained by the Sikka Regency Land Office is to carry out the determination of land ownership and land registration based on the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 17 of 2020 concerning the Organization and Work Procedures of the Regional Office of the National Land Agency and the Land Office. However, there are several obstacles faced, including lack of human resources, unclear land ownership status, expensive registration fees, lack of public understanding. The author's conclusions: (1) The National Land Agency in realizing PTSL in Sikka Regency has carried out its function in determining land rights and land registration in accordance with the MINISTERIAL REGULATION ATR/BPN No. 17 of 2020. (2) Inhibiting factors include the lack of human resources in the Sikka Regency Land Office, the implementation of measurements of many people who put up land boundary signs that are not massive, and the lack of community mindset towards the importance of taking care of the issuance of land certificates. The suggestions: (1) For the Sikka Regency Land Office, it is hoped that complete systematic land registration activities in Sikka Regency are carried out in accordance with applicable regulations and determined targets so that legal certainty and land ownership can be realized properly. (2) For the National Land Agency of Sikka Regency, Sikka Regency should often conduct socialization regarding the management of land certificates and also coordinate with the local government.

          This research explains that land and building tax (PBB) is a crucial fiscal instrument in the global taxation system, with the aim of supporting government spending on public services, regulating land use, and potentially as a redistribution tool. This article addresses the fundamental ideas, goals, and effects of PBB in Indonesia, highlighting its important role in financing national development. The discussion involves aspects of billing, the basis of collection, the collection system, payment procedures, as well as the taxpayer's right to object and appeal. Emphasis is given to key principles, such as openness, fairness, legal certainty, and public participation in the implementation of PBB. Although PBB contributes significantly to economic development, the article also identifies several critical issues, including property value assessment, social inequality, and economic effects that must be taken into account while managing a just and effective tax system. This article offers a thorough analysis of the PBB as a tool for policy that is essential to the welfare of society and the growth of the nation.

The ex officio right is the right possessed by the judge to decide more or other than what is submitted in the lawsuit, with the ex officio right, the judge can concretely impose decisions that prevent women from becoming victims of post-divorce economic violence while still being guided by the limitations set out in the applicable laws and regulations. economic rights of women after divorce such as iddah maintenance, mut'ah maintenance, hadlonah maintenance and madhiyah maintenance. This research uses empirical research with a legal sociology approach. The data sources obtained are secondary data sources and primary data sources. While the acquisition of data obtained from the contents of the decision, the results of interviews with Religious Court Judges who decided the case, as well as other supporting literature. And the research stage is carried out by conducting interviews with sources, compiling data from the results of interviews, and making research reports. The results of this discussion can be concluded as follows: The application of the ex officio rights of the panel of judges in case number 2675/Pdt.G/2023/PA.Kab.Kdr is in accordance with PERMA No. 3 of 2017. Although the Plaintiff has filed for the fulfillment of the rights of iddah, mut'ah, hadlanah, and madhiyah maintenance, but in the trial there were differences in the facts submitted by the Plaintiff and the Defendant so that in order to resolve the debate, the panel of judges used their ex officio rights to provide legal certainty and justice for the Parties

A nil sentence is very appropriate to apply to defendants whose verdict is sentenced to death, such as in the case of Muhammad Natsir and Heru Hidayat. However, the Dimas Kanjeng case certainly raises a different problem, where the panel of judges imposed a maximum prison sentence of 20 years, so if there are other cases the verdict must be nil. This means that the defendant, who was previously sentenced to 20 years in prison, was not increased to life imprisonment. Another problem is the lack of integrated administration between courts which results in overlapping criminal sanctions that exceed 20 years. Tstelsel's absorption in a sharpened realist concursus states that it is necessary to review the level between crimes that have permanent legal force and crimes that have just been revealed based on higher criminal threats, so that the implementation of a nil sentence achieves the principles of legal certainty, justice and expediency. The implementation of the nil sentence must be socialized to the wider community, especially in the case of Dimas Kanjeng and Muhammad Natsir, who in their decision were sentenced to a nil sentence because they had previously been sentenced to death. The aim of the outreach is to ensure that there is no misunderstanding of the defendant's release from criminal sanctions, because a zero verdict arises because the verdict has been maximum and can no longer be handed down. Judges need to interpret in more depth the basic reasons for giving a nil verdict which is linked to SEMA No. 1 of 2022 to better ensure justice and benefits for society, which of course is adjusted to the legal facts obtained during the trial period.

LPD is an institution in the financial services sector whose main activity is accepting deposits/savings and also deposits from the traditional village krame itself. In its management, LPD also functions as a place to borrow money or credit with conditions that are much lighter than other banking institutions but are intended for only specific to their own traditional village manners.  In cases of criminal acts of corruption that have occurred so far, not only are they detrimental to state finances, but are also violations of the social and economic rights of society at large, so that criminal acts of corruption need to be classified as crimes whose eradication must be carried out in an extraordinary manner. Law enforcement agencies, such as the Corruption Eradication Committee, the police and the prosecutor's office, must always be alert in the process of investigating and handling corruption cases which are very widespread in Indonesia. Apart from that, to further guarantee legal certainty, avoid variations in legal interpretation and provide protection for the social and economic rights of the community, as well as fair treatment for members of criminal acts of corruption, it is necessary to make changes to Law Number 31 of 1999 concerning the Eradication of Criminal Acts. Corruption.

This research discusses the juridical review of the sale and purchase of inherited land without the knowledge of other heirs in the civil law code. This research method uses normative legal research methods, namely library research methods. The results of this study indicate that the transfer of land rights through sale and purchase or inheritance and other legal events are in accordance with applicable regulations, namely the Basic Agrarian Law and Government Regulation No. 24 of 1997 to create legal certainty and justice for severe parties, all legal acts or legal events need to be contained in an authentic deed made before a Notary / PPAT and registered with the land office so that the legal act is valid and has legal force in order to avoid legal problems and disputes, as well as an analysis of the basis for the judge's consideration in Decision Number 10/PDT. G/2019/PN LBT the plaintiff's lawsuit was declared unacceptable or rejected because the main petitum of the lawsuit was rejected, the next petitum was also rejected because it was assessor / following the granting of the main petitum of the lawsuit regarding the unlawful act of the defendants was declared unacceptable.

Employment agreements are a crucial step in establishing the employer-employee relationship. While both the Indonesian Labor Law and the Job Creation Law encourage written agreements, verbal contracts are also legally recognized. Written employment agreements serve as a binding instrument and evidence, yet many labor relationships operate without them. This can lead to legal disputes, particularly regarding workers' rights, as exemplified in the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN.Mam. This study employs a descriptive-analytical approach, adhering to the normative legal research method. Secondary data is gathered from primary legal materials, secondary legal materials, and tertiary legal materials. The findings reveal that workers' rights under verbal agreements are still protected by the Labor Law and the Job Creation Law. However, the absence of written documentation of agreed-upon terms for termination of employment can pose challenges in proving these terms in court. In the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN, the court ordered the defendant to pay double the plaintiff's entitlements due to the wrongful termination of employment through coercion. The court found that the plaintiff's termination was unrelated to any company policy violation and could not be substantiated due to the lack of written documentation.