Jurnal Cakrawala Hukum

Published by Universitas Merdeka Malang
Online ISSN: 2356-4962
Publications
Article
Political of Law covers the creation and implementation of the law to be built and enforced. Legal politics are found in the process of political decision making. Political decisions relating to basic principles, other policies and regulations include the field of religious education. Nevertheless, legal politics is a means used by the state to create a national legal system, where the legal system is expected to realizing the ideals of the nation that is contained in the Constitution of the year 1945 where One is to educate the life of the nation, including this is the legal politics of the establishment of law on Pesantren. The legal determination of the Pesantren has a strong philosophical, sociological and juridical policy that can be accounted for, it proves that the Pesantren has grown and developed in the community in an effort to improve Faith and Piety and Akhlakul Karimah with his trademark has been instrumental in realizing Islam to be a blessing for all nature, which proved to have a concrete role in the struggle to realize the independent Indonesia and participate in National development of the Republic of Indonesia.
 
Article
In 2020, the President of Indonesia established Presidential Regulation Number 99 of 2020 concerning the Procurement and Implementation of Vaccinations to Annihilate Covid-19 Pandemic. Furthermore, this Presidential Regulation was amended by Presidential Regulation Number 14 of 2021 which contained a particular provision to impose legal sanctions on people who violated rules by do not participate in Covid-19 vaccination. Administration sanctions such as postponing or terminating social security awarding or social assistance will be imposed on a citizen who does not comply with that particular provision. This kind of administrative sanction will potentially harm the rights of lower classes people. This study is to analyze the ambiguity of legal sanctions against people who refuse to get Covid-19 vaccination and to analyze the alternative solution to take out the ambiguity of imposing sanctions on people who violated these particular rules. This research method uses normative legal research by statutory and conceptual approach. This study concludes that the ambiguity caused by those sanctions is contradicted with the legislation rules and principles. Therefore, social work sanctions can be used as an alternative solution to substitute administrative sanctions that cause ambiguity and violated the community’s rights.How to cite item: Nasution, A., Setiadi, W., Nahuddin, Y. (2021). Ambiguitas sanksi hukum terhadap masyarakat yang menolak vaksinasi Covid-19. Jurnal Cakrawala Hukum, 12(3), 233-244. doi:https://doi.org/10.26905/idjch.v12i3.6417.
 
Article
The Indonesian Manpower Law act Number 13 of 2003 concerning Manpower regulates in detail the termination of employment (PHK) as well as legal protection for workers who are laid off. In terms of employment, which is a critical issue at this time is the Termination of Employment (PHK) of workers/laborers because companies are hit by the Covid-19 Pandemic. This research includes normative legal research with a statutory approach and in the analysis of legal materials using qualitative descriptive techniques. In this study, the main problem that the author examined is the legal basis for dismissal based on the Covid-19 Pandemic and the legal consequences for workers who work under a work agreement (PKWT). Based on the research problems and methods, the results of this study found that the termination of employment (PHK) committed against workers since the Covid-19 pandemic was a violation, therefore it is an act against the law and against the law. As a consequence, the company is obliged to pay the rights of workers/labor in accordance with the provisions and regulations of the prevailing laws.How to cite item: Bogar, A., Ukas, U. (2021). Tinjauan yuridis tentang ketenagakerjaan terhadap pemutusan hubungan kerja akibat dampak Covid-19. Jurnal Cakrawala Hukum, 12(3), 245-253. doi:https://doi.org/10.26905/idjch.v12i3.7097
 
Article
Islamic Banking dispute resolution is an effort to resolve the problem carried out by the bank and the customer, if one of the parties is in default. The settlement of the Sharia Banking dispute is based on Law Number 21 of 2008 concerning Sharia Banking, particularly Article 55 of the Law. After the Constitutional Court gave its decision, through the Constitutional Court's Decision Number 93 / PUU-X / 2012, a legal implication occurred, namely the blurring of norms related to the resolution of Sharia Banking disputes. The writing method used is normative juridical, using the statutory approach (Statue Approach) and case approach. The results obtained related to this writing are the creation of a legal uncertainty related to the resolution of disputes outside the court (non-litigation).
 
Article
The Constitutional Court issued Decision Number 69 / PUU-XIII / where the marriage agreement was held after the marriage took place. Why the Constitutional Court allows the making of marriage contracts after marriage takes place. This study analyzes the legal considerations of the Constitutional Court judges in allowing marriage agreements to take place after the marriage takes place in accordance with the values of justice, as well as analyzing the legal implications of property of marriage agreements made after marriage in the event of any one of the injured parties. This research method is normative juridical. Based on the results of the study that the Marriage Agreement made after the marriage took place could potentially cause harm and injustice for third parties. Third-party interests also become unprotected. Regarding the time of entry into force of the Marriage Agreement made after the marriage takes place and in the Decision of the Constitutional Court Number 69 / PUU-XIII / 2015 in its verdict contained in point 1.5. and 1.6. raises a legal uncertainty. Thirdparties and husbands or wives who are harmed by the making of the Marriage Agreement after marriage take place may claim compensation and cancellation to the District Court.
 
Article
Many academic community members abuse the academic pulpit's freedom for inappropriate purposes. The purpose of this paper is to analyze the conflict or conflict of norms in the Article related to the obligation of a Notary to keep everything regarding the Deed he made and the explanation of the Article associated with the freedom of the academic pulpit (Article 8 Paragraph (1), Law of the Republic of Indonesia Number 12 the Year 2012), in the Republic of Indonesia. On the one hand, a notary must keep everything about the deed he made secret; on the other hand, a notary who is a teaching staff or lecturer must carry out his duties as an academic civitas. This writing uses a normative juridical method with a statute and conceptual approach. The results obtained are that the position of a notary is higher than the position of a notary as a lecturer; therefore, the notary's limitations regarding the academic pulpit are to the position of a notary as a public official, whereas a public official a notary is obliged to keep everything related to the deed he made, which means that he has been ordered to a notary. Not to give, show or notify the act’s contents except those with a direct interest. Therefore, regulators should study further if there is a conflict of norms in the Articles related to the Notary's obligation to keep everything confidential regarding the Deed he made.How to cite item: Margiyanti, R., Negara, T, A, S.,. Sjafi’i, R, I, R., (2022), Confidentiality of the notary deed in the freedom of the academic pulpit. Jurnal Cakrawala Hukum, 13(2). 184-193. doi:10.26905/idjch.v13i2.5735.
 
Article
Electronic Evidence Tools can be presented at the hearing as valid evidence and have been regulated separately in the ITE Law. However, in the Civil Procedure Law the formal legality has not been regulated how to show. Formulation of the problems raised in this writing (1) How is the legal certainty of the Electronic Evidence in the Civil Procedure Code; (2) What is the ideal arrangement regarding Electronic Evidence Tools in Civil Procedure Code; The first discussion is that Article 5 Paragraph (1) and (2) of Law No. 19 of 2016 concerning Information and Electronic Transactions (UU ITE) which only provides legal certainty to the extent of the recognition of the existence of Electronic Evidence Tools as valid evidence. There must be an ideal arrangement regarding the Electronic Evidence Tool in the Civil Procedure Code to ensure the legal certainty of the procedure for submission and enforcement is: first, with a mechanism for renewing the HIR and RBg. Second, the party that has the authority to stipulate a Circular of the Supreme Court on how the parties know and see the Electronic Evidence Tool and the procedure for submitting Electronic Evidence Tools.
 
Article
The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D,E., Laila, K., Sabrina, N., Wisnuwardhani, D, A., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2). 135-144. doi:10.26905/idjch.v13i2.7970.
 
Article
Labor Protection is the ideal and purpose of the existence of labor law to provide legal protection in the omnibus law (Job Creation Act), which accommodates the interests of workers but also accommodates the ease of doing business in micro and small firms in the form of wages as seen in Article 90 B. the existing problems regarding the legal ratio of labor law in Indonesia based on the Job Creation Act and what are the forms of legal protection for workers in micro and small businesses based on the legislation?, the purpose of this study is to find out and analyze the ratio of labor law legislation in Indonesia. Indonesia is based on the Job Creation Act to find and explore forms of legal protection for workers in micro and small businesses. At the same time, the benefits of this research are divided into two, namely, theoretically, to provide a legal ratio to the wages of micro-enterprise workers. And small, while in practice, it is to provide legal protection for workers in Micro and Small businesses. The employment agreement is also a form of agreement regulated in the Manpower Act and the Law on Job Creation as an alternative to protecting workers' rights with the principle of proportionality which aims to increase workers’ bargaining power.How to cite item: Pranowo, P., Tanudjaja. Octarina NF., (2022). Fair remuneration of workers in micro and small enterprises in Job Creation Act. Jurnal Cakrawala Hukum, 13(2). 175-183. doi:10.26905/idjch.v13i2.5625.
 
Article
This study aims to reconstruct the "reluctant" cultural view and minimize the level of gratification in the ULP employees of the Batu City Government. The method used is empirical research, with the research location being the Batu City Government Procurement Service Unit. The results of this study are activities carried out by making slogans for Batu City Government ULP employees who read the anti-Gratification slogan and categorize the culture of shame as positive and negative. Next, is the design of a blueprint for the Batu City Government ULP code of ethics, carried out through a Focus Group Discussion. The discussion in this study shows that 90% of ULP officials in the Batu City Government still do not understand gratification and do not yet have a draft code of ethics that regulates ULP in the Batu City Government, primarily through the education provided by the leadership. Therefore, it is essential that this research and should be carried out by implementing the above results can reduce the crime of gratification in Indonesia.How to cite item: Mulyono, GP., Nahuddin, YE., Faradina, L, Cahyani, SI., (2022). Reconstruction of cultural views of 'reluctant' prevents criminal acts of gratification. Jurnal Cakrawala Hukum, 13(2). 154-163. doi:10.26905/idjch.v13i2.7965.
 
Article
Permasalahan yang terjadi adalah kekosongan hukum tentang pengaturan sanksi yang dapat dikenakan bagi Perebut Laki Orang (Pelakor) melalui jalur hukum nasional. Pada masyarakat adat Dayak Ngaju di Kalimantan Tengah sendiri telah diberlakukan sanksi Hukum Adat Dayak bagi masyarakat adat namun masih jarang diketahui oleh masyarakat suku Dayak sendiri. Penelitian ini menggunakan jenis penelitian yuridis empiris yang dilakukan dengan observasi dan wawancara di Lembaga Kedamangan dan Dewan Adat Dayak (DAD) di Kalimantan Tengah untuk mengisi kekosongan hukum bagi masyarakat Adat Dayak Ngaju di Kalimantan Tengah sebelum diberlakukannya RUU KUHP. Upaya hukum untuk menjerat perbuatan pelakor adalah dengan bersumpah, upaya paling serius dalam masyarakat adat suku Dayak Ngaju. Mereka percaya bahwa sumpah yang diucapkan pada saat Basara Adat akan berakibat fatal bagi pihak yang berani berbohong atau tidak mau mengakui perbuatannya yaitu memiliki umur pendek, tidak ada rejeki, penyakit tersu-menerus untuknya, keturunan serta saudara-saudaranya. Sanksi adat Dayak Ngaju yang dikenakan bagi perbuatan pelakoradalah membayar dua kali nilai palaku adat perkawinan (mahar) lelaki yang direbutnya membayar ganti rugi malu bagi keluarga wanita istri sah, ganti rugi biaya pernikahan bagi istri sah dan pesta damai
 
Article
The island of Bali is known as one of the world's tourist destinations with all its unique traditions and customary laws. The Balinese have a traditional security institution known as the Pecalang whose role is different from that of the police. The purpose of this article is to identify the position of Pecalang according to Regional Regulation Number 4 of 2019 concerning Traditional Villages and the development of the role of Pecalang. The method used is a mix of methods, namely normative and empirical methods. The results show that the existence of Pecalang is regulated in Law Number 9 of 1979 concerning Village Government and Regional Regulation Number 4 of 2019 concerning Traditional Villages. Pecalang is formed in each of the customary village residents (pekraman) who have the task of maintaining security and order. The role of pecalang is currently experiencing development, which leads to the business, and can even be used as a political tool. What stands out is the case of the closure of the Hare Krsna hostel where the function as a security guard was instead used as a tool by the village to bring order to religious groups or sects that were allegedly not in accordance with community traditions. The police should have been involved because they thought it was a religious matter and their area. The regulation of pecalang duties needs to be re-examined in the Perda so that its function as a guardian of order is clear and not vice versa.How to cite item: Indrayanti, K. (2021). Perkembangangan peran pecalang sebagai lembaga keamanan adat di masyarakat Bali Indonesia. Jurnal Cakrawala Hukum, 12(3), 294-302. doi:https://doi.org/10.26905/idjch.v12i3.7093.
 
Article
The Decision of the Constitutional Court of the Republic of Indonesia Number 46 / PUU-VIII / 2010 has a positive impact on outsiders in demanding their rights to their biological father, the position of the child outside the marriage has only a civic relationship with the mother and the mother's family. Issued by the Constitutional Court Decision, the relationship of civility of children outside of marriage is not only related to mother and mother's family but with biological father and his father's family, Toraja's inheritance system has a fair system, if the outsider has no rights, demanding his right to his biological father, by deliberation but if the deliberation can not be resolved then it can be solved by the intervention of the Toraja adat chairman, if masi does not have a bright spot then the outsider can claim his rights in court, but in Adat Toaraja this community masi has a sense of kinship so that masi can be resolved, because if it has come to the village head or customary head then the family will be made into the ingredients of the local community.
 
Article
This research is aimed to understand and analysis about the incompatibility of national law in the rejection from customary law community of sawai in order to protect the ulayat forest from the mining business activities of PT.WBN. Also this research aimed to give a solution about how to solve the conflict between customary law community of sawai with PT. WBN as a form of legal protection. The type of this research is empirical juridical with juridical sociology approach. The procedure to collect the data is use library research as the technique to analysis and also used the technique analysis of legal material with descriptive qualitative as the method. The result of this research is to show The resistance of law community of sawai is contrary with national law. The right forest is the forest area of customary law community. The Settlement of the conflict from PT.WBN with customary law community not already find a solution to solve the problem. It is because there is a differences between the price of land acquisition which is unappropriated with the demand of customary law community of sawai. And also there is tendencies from the district government of Halmahera Tengah which is more partiality with PT.WBN.
 
Article
The validity of interfaith marriages for Indonesian citizens is not regulated in the provisions of Law No. 1 of 1974 as amended by Law No. 16 of 2019 concerning marriages, while the fact of citizens who engage in interfaith marriages is increasing. A comparative study of marriage regulations in several countries aims to gain holistic knowledge and understanding of the regulations governing marriages, specifically the similarities and differences in marriages of different religions. So that the future can be used as input in regulating the rules of interfaith marriages in Indonesia. The research method used to analyze this study is normative legal research because it uses a comparative approach to law in several countries. The results show that the validity of marriages in several countries such as the USA, Australia, Singapore, and the Netherlands is done through registration. Almost all countries used as objects of study regulate interfaith marriages. So that the protection of the right to form a family is guaranteed. Turkey which has similarities with Indonesia regulates interfaith marriages.
 
Article
Pandeglang Regency is a tsunami-affected area in the Sunda Strait. In order to rebuild tourism, it is necessary to formulate an integrated planning by compiling regulations on tourism. This study aims to determine the Ratio Legis obligation to maintain and respect religious norms for tourists in tourism laws and to find out the form of legal protection for tourists who violate religious norms in tourist attractions. The research method used is in the form of normative legal research complemented by interviews with the head of the tourism village in Pandeglang district. The results showed that the ratio legis obligation to maintain and respect religious norms, customs, culture, and values that live in the community for tourists so that the local culture is not contaminated with foreign cultures brought by tourists. Then the sanctions applied only in the form of a warning are not commensurate with the losses incurred.How to cite item: Ramadhani, D., Ibrahim, A., Dirkareshza, R. (2021). Ratio legis kewajiban untuk menjaga dan menghormati norma agama berdasarkan Undang-Undang Kepariwisataan. Jurnal Cakrawala Hukum, 12(2), 159-167. doi:https://doi.org/10.26905/idjch.v12i2.5353
 
Article
The aggregate sector is one of the most complex social issues. This is in line with population growth and the need for natural resources, especially land. The settlement of Agraria disputes to seek legal certainty which has long been untouchable for the settlement of the problem. While the solution to the problem tends to keep pace with the ongoing changes. The solution tends to be temporary. In the case of a solid foundation as a basis for completion, not only for the present but for the future. As a result of these limitations, the various rules that exist and serve as the basis of the law are lagging behind by the reality of society. A far-reaching orientation is from an environmental perspective. As a result of these limitations to this orientation, environmental issues tend to be ignored. Here, the urgency of structuring must start from the beginning, with emphasis on the mindset of the community on the problem of aggregation, in the perspective of lasting environmental protection. It takes a synergy between the question of aggregation on the one hand and the need for an environment-based management orientation on the other side.
 
Article
The land has a strategic function and status, both socially and economically. National Land Body (BPN) asthe governmental body who works in land sector has to capale of form and created some policies regarding todispute and land conflict. There must be a comperehensive to form development strategy that paradigmcally orphilosophically rely on Indonesia citizen interests. In order to do that, there must be a whole structuritationtoward land form. Technically, it is to utilize information technology development that already become mainneed in society service. Based on that, social asset which is land is physically not added, but the needs is alwaysincreasing, can be managed based on updated values or principles. Those implementation can also be an avantgarde in reaching the nation goals to make land as much for social welfare, justice and sustainability of society,nation, and country of Indonesia.
 
Article
This study aims to examine the validity of the Central Java Governor Decree Number 660.1 / 6 of 2017 concerning permits for the construction and mining of cement factories after the cancellation of the previous Governor’s Decree by the Supreme Court Number 99 PK / TUN / 2016. The Supreme Court overturned the construction and mining of cement factories because they had a negative impact on the environment. Mining of cement plants in the Rembang area is declared not in accordance with the environmental impact analysis because in the mining area of the cement plant there is a Groundwater Basin whose preservation is protected by law. This research includes the type of normative research. The research that has been carried out has been obtained that substantially the Central Java Governor Decree Number 660.1 / 6 of 2017 was declared invalid even though on the grounds that there was an improvement in the EIA because of the Supreme Court’s decision as the highest court that every decision could not be contested. However, the suggestion should be that the contents of the Supreme Court’s ruling did not lead to the perception that the development was continued by changing the EIA.
 
Article
This study examines the policy of legal protection of water resources in Indonesia. Legal protection of water resources is important as a rule and guidelines for human behavior as the purpose of the law to regulate public order. Legal developments regarding water resources need to be updated following the development of the community, so that the creation of legal protection for water resources can have an impact on water conservation in Indonesia. This type of legal research in writing this thesis is normative (doctrinal). The method used is a) Approach to the Law; b) Conceptual Approach; c) Comparison Approach. The results of the discussion in the form of the role of the private sector in the management of natural resources are based on the assumption of the importance of economic growth through market mechanisms in water allocation, and the importance of the role of the private sector in making investments related to the development of natural resources. England is a country famous for its prowess in the field of water management. Even the UK is a water distributor for countries that lack water such as Singapore. British water management is indeed different from Indonesia. UK water regulation uses a water privatization system.
 
Article
In international air transportation, it is sure to talk about the responsibility of the carrier, which cannot be separate from the discussion of international agreements, namely, in this case, the 1999 Montreal Convention, which contains the issue of the responsibility of international air carriers. This study aims to determine the guilt of air carriers on international flights to passengers, shippers, and third parties in the event of an aircraft accident. The approach method used in this research is normative juridical (legal research), using legal materials as the primary material. The carrier's responsibility is based on the absolute principle; the page is responsible but is still limited by the limitation principle (the carrier's responsibility is limited to a certain amount). The airline's responsibility is based on the presumption and limitation of liability for consignments and baggage. The carrier is always considered responsible until the airline can prove that it is not guilty of the event that caused the loss. The carrier's responsibility for baggage should be absolute because, by the time the passenger brings the bags, it has passed several checks that have confirmed that the goods in the luggage are not problematic.How to cite item: Sariwati, R (2022). Responsibilities of air carriers on international flights. Jurnal Cakrawala Hukum, 13(2). 194-201. doi:10.26905/idjch.v13i2.7963.
 
Article
The transfer of land rights is a process of transferring the right of ownership of one person lawfully and to the ownership of the new person forever as long as the rights are not transferred. Authentic deeds are the basis or evidence of such transfer of rights made by the land deed. The registration of the transfer of rights is a means of obtaining legal protection from the controlled land. The principle of land registration should reflect a thoroughness of ownership of the land and the rights of third parties affecting it. The transfer of rights as stated in the provisions of Government Regulation No. 10/1961 on Land Registration and Government Regulation No. 24/1997 on Land Registration. Submission by this Deed means that the ownership of the land has been transferred from the old owners of the new ownership and the new owner is obliged to register his land rights in the National Land Agency to obtain legal certainty and legal protection. The proof of ownership is a Certificate. There are times when the issuance of Certificates is due to the transfer of a right or legal disability ground.
 
Article
This article has the intent and purpose of the nominee agreement regarding land rights in Indonesia. This happens because many foreign nationals, hereinafter referred to as foreigners, can own land in Indonesia, while positive law in Indonesia only allows Indonesian citizens who can own land ownership rights in Indonesia. The nominee agreement is legal smuggling that can result in land being returned to the state. However, in the Decision of the Denpasar District Court in 2013 Number 82/PDT.G/2013/PN.DPS, one of the judges' decisions is that land must be resold and the proceeds from the sale of land are divided between foreigners (benefactors) and Indonesian citizens (legal owners) as comparison in a case approach to analyze the sale and purchase of land that has been preceded by a nominee agreement in Indonesia. the action of the Plaintiff who is a foreigner to sell the land and buildings prior to the lawsuit is one of the considerations for the judge in deciding this case. In addition, Defendant I sold the land below the market price. Therefore, the unlawful acts committed by Defendant I and Defendant II over the sale and purchase of rights to the object of the dispute must be accounted for by the Defendants.How to cite item: Sari, N., Suhariningsih, S., Madjid, A. (2021). Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing. Jurnal Cakrawala Hukum, 12(2), 205-212. doi:https://doi.org/10.26905/idjch.v12i2.5808
 
Article
This article has the intent and purpose to find out the legal consequences arising from the existence of a binding sale and purchase agreement (PPJB) with a power of attorney to sell which is notarized which can result in a tax payable, Customs Duty on Acquisition of Land and Building Rights (BPHTB) and Income Tax Collection ( PPh) On the Transfer of HAT, it is reviewed based on the PDRD Law and Government Regulation of the Republic of Indonesia Number 34 of 2016 concerning Income Tax on Income from the Transfer of Land and/or Building Rights, and the Sale and Purchase Agreement on Land and/or Building and its Amendments. The type of research in this research is normative juridical law research, with the approach used in this research being statutory approval. The Sale and Purchase Binding Agreement (PPJB) is a legal breakthrough made by a Notary to overcome the problems faced in the implementation of the sale and purchase of land rights as previously explained. Legal discoveries made and applied by a Notary regarding the use of a Sale and Purchase Binding Agreement (PPJB) in assisting the implementation of the sale and purchase of land rights or as a preliminary agreement before making a Sale and Purchase Deed so that the existence of PPJB does not mean transferring or transferring a Land Right.How to cite item: Prandika, M., Supriyadi, S. (2021). Akibat hukum terhadap surat kuasa menjual yang dibuat secara notariil dalam penjatuhan pajak terhutang. Jurnal Cakrawala Hukum, 12(3), 326-333. doi:https://doi.org/10.26905/idjch.v12i3.5176.
 
Article
The authority and responsibility of the notary on the deed of Statement of Meeting Decision and to analyze the strength of notary proof of the deed of Statement of Meeting Decision. The method used in this research is normative law research with approach method of legislation. The primary, secondary and tertiary law materials obtained by the authors will be analyzed by using literature techniques using grammatical and logical legal interpretations. The result of research with the above method indicates that Notary of Notary's responsibility to Statement of Meeting Decision is only responsible only for formal truth, while the truth of the contents of the deed is the responsibility of the parties to the notary because the notary does not know and attend the meeting. The Declaration of Decision of the Meeting includes the evidence of letters and including the "Partij Deed" category made by the general officers appointed by oath and against the verification otherwise able to be challenged, without accusing his falsehood, by stating that the statements of the parties concerned are described in full in the deed, but the information is false, meaning that the information given is permitted otherwise.
 
Article
The making of authentic deed is one of notary authority in making deed. The realization of the verdict of thepeace deed which obtains the force of law remains voluntary and execute. Deed of peace of civil case in court related to notary authority in making peace deed. The legal power of a peace deed made by a notary and a verdict of a peace deed of the court in a land rights sale disposal dispute. Notary’s authority to make a peace deed to the land rights sale disputes related to the decision of a permanent law enforcement law deed. Thenotarial deed of peace has three types of proof, in the form of external proof power, the power of formal proof, the power of material proof. A peace deed made before a notary has the power of an ordinary judge’s verdict which has had a permanent legal force. Notary is required to register in court through the process of lawsuit. If during a peace deed made before a notary public is not registered in court then the peace deed is still in the form of agreement only.DOI: https://doi.org/10.26905/idjch.v8i2.2114
 
Article
Indonesia is in an era of globalization, it can be seen by the era of technology that introduced the virtual world (cyberspace, virtual world) through internet networks, communication with electronic media without paper. The development of electronic signature technology has been implemented in Indonesia. The existence of electronic signatures has begun to replace conventional signatures in several places on the grounds of using technology to make it easier. The ІTE Act already guarantees electronic signatures. GMS can be held using electoral media. However, the GMS with electronic media must be approved and signed by the GMS participants. In the notary deed, the minutes of the GMS are included in the release deed. Preparation of a notary deed of the GMS minutes using an electronic system must be signed by all GMS participants. Participants who attend the meeting via video conference can use the signature using the electronic system. Legal Issues in this Research There are unclear norms related to signatures which are described in the Law on Notary Position. This research is normative law research. From the results of the research using the above method, the author obtains answers to the problems regarding the Law of Signing Notary Deeds Using Electronic Signatures.How to cite item: Lubis, N., (2021). Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk. Jurnal Cakrawala Hukum, 12(3), 314-325. doi:https://doi.org/10.26905/idjch.v12i3.5114.
 
Article
This article has the intent and purpose to find out the implementation of PRONA systematic land registration for the deed of transfer of land rights that are tax payable, specifically related to Income Tax (PPh) and Land Acquisition Fees (BPHTB) which are the obligations of the parties and are registered through systematic land registration was carried out in Ternyang Village, Sumberpucung District in 2009. However, the obstacles that occurred in the field were different from the turus hamlet, the village community was more cooperative regarding physical data. Nature in Ternyang village is indeed a lot of uneven shape, so it takes more time, to determine the appropriate land boundaries. Bookkeeping of rights or storage of documents constituting evidence shall be marked with identification and kept at the Land Office as an integral part of the general register. In accordance with the provisions of Government Regulation Number 24 of 1997 concerning Land Registration, article 39 paragraph (1) point g, PPAT/PPATS may not sign the deed before the tax obligations are fulfilled and the official who gives the land rights before the tax obligations are fulfilled.How to cite item: Crisantika, Y., Koeswahyono, I., Supriyadi, S. (2021). Pеndaftaran tanah sistеmatis terhadap akta tеrutang pajak. Jurnal Cakrawala Hukum, 12(2), 168-177. doi:https://doi.org/10.26905/idjch.v12i2.5810
 
Article
Children’s problems lately are very complex. Many cases occur in the community that ignore the fulfillment of children’s rights. One is the lack of fulfillment of children’s rights on birth certificates. In connection with this matter, it is important to do research to find out 2 (two) things, namely; first, to find out about children’s rights in obtaining birth certificates to Balinese indigenous people. Second, to find out whether a child can get a birth certificate if the birth registration goes beyond the deadline. In accordance with the research objectives, the research method used is a normative research method with a statue approach. The results of this study are legal protection of children’s rights in obtaining birth certificates in the community has been regulated starting from the 1945 Constitution of the Republic of Indonesia, Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection, Law of the Republic of Indonesia Number 23 The year 2006 was amended by the Republic of Indonesia Law Number 24 of 2013 concerning the Implementation of Population, Badung Regency Regional Regulation Number 10 of 2010 which was amended by Badung District Regulation Number 9 of 2016 concerning Amendment to Badung Regency Regional Regulation Number 10 of 2010 concerning Implementation Population Administration, Regional Regulation of Denpasar City Number 5 of 2014. Birth Registration that exceeds the fixed time limit can be done by requesting approval from the Head of the Population and Civil Registration Office. The advice can be given 1) socialization is needed regarding the procedures for registering births including procedures for registering online and needing to improve services by the Regional Government. For the community, the need for public awareness of the importance of having a birth certificate as a manifestation of children’s rights in obtaining a birth certificate.
 
Article
The Notary Supervisory Council and the Notary Public Honor Council (MKN) have not optimally conducted supervision and guidance on notaries in Indonesia. Supervision and guidance only form of sanction is also given uncertain of both institutions to the notary who violates the code of notary ethics related to the making of the nominee agreement. This research analyzes the role of Supervisory Board of Notary and Honorary Board of Notary as well as the form of sanction given to Notary which make deed of nominee agreement. The research method is empirical juridical. The results of the research, MPN’s roles held a hearing to examine notaries and administer administrative sanctions. The role of MKN in solving the case of violation of code of ethics of Notary to Notary which makes nominee agreement very limited, because MKN can only conduct examination. The role of MKN only gives approval or rejection of Notary’s invitation to its presence in the judicial system process. Against a Notary who makes a nominee agreement imposed with civil sanctions, the administration may also be subject to criminal sanctions. The responsibility of a notary is criminally imposed if a notary performs a deed like a fake signature.DOI: https://doi.org/10.26905/idjch.v8i2.1673
 
Article
The spirit of the Village building is the key word for the birth of Law No. 6 of 2014 concerning Villages, which must be realized with the efforts of professional village financial management to create community welfare and village apparatus as a juridical consequence of the enactment of Law No. 6 of 2014 concerning Villages relating to autonomous authority to manage village finance accountably for the achievement of village welfare which is a shared desire and noble ideals of the nation and also equally important is to improve the welfare of village apparatus to support these ideals so that they have no potential abuse of authority. Speaking about the village, it is inseparable from the position and authority of the village government, as the lowest government unit in Indonesia which still raises the pros and cons of the village government itself, one of the reasons is Regional Autonomy which lacks assertiveness about the task and authority of the village head , to manage its own finances, the finance obtained by the Village from the APBN (State Revenue and Expenditure Budget) is in the form of ADD (Village Fund Allocation).
 
Article
Credit take over is a payment made by a third party to a creditor, who will replace his position as a new creditor to the debtor. The absence of standard rules regarding the implementation of credit take over has resulted in non-standardization of the credit take over implementation process. The purpose of this article is to examine the legal protection of the parties in implementing the take over at Bank Jatim Banyuwangi Branch. This type of research is empirical legal research where the study was conducted at Bank Jatim Banyuwangi Branch. The results of research conducted by a Notary/PPAT in Banyuwangi are included in the category of subrogation by way of law (Article 1403 of the Civil Code). In the implementation of take over credit protection is obtained through the re-signing of the SKMHT at the time of the Roya Letter, and a certificate of proof of ownership of the guarantee has been physically issued by the initial creditor. The implementation of the take over for new creditors at Bank Jatim Banyuwangi Branch is obtained through the re-signing of the SKMHT which is the basis for making APHT when the roya letter, proof of credit repayment, and certificate of proof of collateral ownership have been physically issued by the initial creditor (bank). The initial check before the certificate of proof of ownership is issued by the initial creditor is carried out by issuing a Land Registration Certificate (SKPT) through the BPN.How to cite item: Firmansyah, F. (2021). Perlindungan hukum terhadap kreditur selaku pengambil alih kredit pada kreditur. Jurnal Cakrawala Hukum, 12(2), 178-186. doi:https://doi.org/10.26905/idjch.v12i2.5812
 
Article
Customary law must be able to protect and serve as a legal umbrella for indigenous peoples in terms of resolving customary violations committed by tourists, so this research is to determine the effectiveness of the application of customary sanctions in resolving violations of customary "Aluk Todolo" communities in Tana Toraja and North Toraja Regencies and observe the application of sanctions customary law in resolving violations of the "Aluk Todolo" custom which can provide a deterrent effect for violators and become the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out this rule, using empirical research by collecting data based on observed facts obtained from the results of interviews and direct observation. The results of this study indicate that the application of customary sanctions in resolving violations of the traditional "Aluk Todolo" community in Tana Toraja Regency and North Toraja Regency is very effective in preventing customary violations and is the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out the rules.How to cite item: Suryamodjo, PY, Azisa, N., Haeranah. (2022). Customary sanctions in resolving violations of the "aluk todolo" of the Tana Toraja community. Jurnal Cakrawala Hukum, 13(2), 214-223. doi:10.26905/idjch.v13i2.5655.
 
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