Stanislaus Atalim’s scientific contributions

In the Tangerang Regency area, the task of fostering and supervising the Land Deed Official is carried out by the Tangerang Regency Land Office with the hope that the implementation of the Land Deed Official's professional duties can be achieved optimally and minimize violations of the law in carrying out their duties. For this reason, it is necessary to know the extent to which the implementation of the guidance and supervision function of the Land Deed Officials in Tangerang Regency is carried out. This research was using normative juridical research, library law research supported by interviews, with the nature of analytical descriptive research which is expected to obtain a systematic and detailed description of the problems to be studied, then it can be concluded in this study that the guidance and supervision of Land Deed Officials in Tangerang Regency has not been implemented properly and optimally. This is due to the factor that the area in Tangerang Regency is very large and has more than 400 Land Deed Officials which is not comparable to the guidance and supervision resources owned by the Tangerang Regency Land Office personnel. Another factor that becomes an obstacle is the rules that tend to be weak, do not provide strict sanctions, such as the existence of a Land Deed Official who does not submit reports on the making of his deed on a regular basis. Suggestions and recommendations for this research are in the form of perfecting rules and provisions for stricter sanctions as well as scheduling systematic guidance and supervision by the Tangerang District Land Office.

This research aims to provide information about existing law for one-sided breach of promise of marriage in Putusan Nomor 82/Pdt.G/2014/PN. Mks and to show that the defendant’s conduct of breaching the promise of marriage is a violation of law instead of a default. The defendant’s breach of promise of marriage, according to the plaintiff, brings material loss and shame because she is a doctor widely known in the society and part of the nobility in Tanah Toraja. This research/case shows that immaterial damage claim cannot be sustained in the context of default because damage compensation in a case of default consists of fee, loss, and interest. Immaterial damage claim can only be sustained in the context of violation of law and the judge should refer to article 1365 KUHPerdata about Violation of Law because the breach of promise of marriage is against the norm of propriety and morality in the society. In Putusan Mahkamah Agung RI No. 522 K/Sip/1994, Putusan Mahkamah Agung RI No 3191 K/Pdt/1984 dated 8 February 1986, and Putusan Mahkamah Agung RI No 3277 K/Pdt/2000 dated 18 July 2003, it was ruled that breach of promise of marriage is a violation of law.

The problem that often occurs in the case of grants is that legal grants are often found or grants that are legally flawed or canceled. The event of a grant which was declared legally flawed was also found in the case of the Decision of the Supreme Court of the Republic of Indonesia Number 2954K/Pdt/2017. Article 920 of the Civil Code about reduced, by which the article is not listed in the decision. On this basis, a problem arises namely how the application of grants based on Article 920 of the Civil Code can be seen from the principle of legal inheritance share. In answering these problems, the author uses normative legal research methods. Based on the results of the study, it can be seen that with the cancellation of the grant deed by the court's decision and if the heirs who demanded the cancellation of the grant be accompanied by demanding a legal inheritance share, a reduction must be made. Then the author can conclude that the implementation of Article 920 of the Civil Code important to be carried out by the heirs concerned, because by the judge's decision regarding the distribution according to legal inheritance share, so the Article 920 of the Civil Code automatically applicable. The advice that can be given is better for the community to distribute inheritance and provide grants during their lifetime in a fair and equitable manner to avoid problems regarding the grant being declared null and void.

Nominee agreements in terms of land ownership between Indonesian citizens and foreign nationals according to Positive Law in Indonesia are prohibited and not valid, but at present there are many foreign citizens who come to Indonesia with various purposes, one of which is to build a business, business, until investment in a way outside the applicable regulations. One way for foreign citizens to have land rights in Indonesia is by marrying Indonesian citizens and / or utilizing local indigenous people by borrowing the names of Indonesian citizens who can have land rights to bind themselves to each other in the terms of the nominee agreement. The problem that the author examines in this case is how the position of the nominee agreement in land ownership according to the positive legal system in Indonesia that occurred in the case between Karpika Wati (an Indonesian citizen) and Alain Maurice Pons (a foreign citizen) in accordance with decision No. 3403 K / PDT / 2016 The author conducts research using the normative method that will use the relevant laws to conduct a review of the problem. It can be concluded that the position of the nominee agreement in the case between Karpika Wati and Alain Maurice Pons violates the provisions of positive law in force in Indonesia, violates the provisions of the Civil Code, the Basic Agrarian Law, and the Marriage Law.

An agreement is an event where a person promises to another person or where two people promise to do something. In an agreement, there are several legal aspects that become a condition for the agreement to be valid before the law. if one party does not implement one of the aspects of the agreement then that is known as a default. Breach of contract in a limited liability company that makes a contract with another limited liability company still has the possibility to be resolved in a minutes of meeting as in the event between PT Somit Trikonad and PT Timah Tbk. in this case we can see the force in effect of the minutes of the meeting in the agreement made by a limited liability company. Apart from the minutes of the meeting, it can also be seen that the valid force of the authentic deed in an agreement and the impact of the negligence of one party to the contract made.

Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.

There are differences between contract and tort laws, which lies in the issue of consent. Because in a contract, the parties need to enter an agreement knowingly and without being coerced for the contract to be valid, that means the parties are aware of the risk entailed and the outcome of the contract. Damages in contract claim usually happened because of mistakes or misunderstandings between the parties. On the other hand, the interaction in a tort is never based on consent. Torts generally involve an intrusion by one party into the privacy, health, profit and safety of the victim. In fact, if the victim consents to the tortious conduct, it can serve as a defense that will prevent them from recovering damages. However in Indonesia court of law, the judges accept to restore damages and even the cancellation of the agreement or contract between the parties due to tort, the judges in many cases have shown that they accepted tort as a reason for cancellation of an agreement, this provides legal protection for the parties in cancellation of the sale and purchase agreement due to tort, even if it’s not ensured that all contract cases can be solved this way or if it’s even lawfully right, as there is an important differences between tort and breach in contract, the case example can be seen on Supreme Court Verdict Number 523 K/PDT/2017 which verdicted undue influence causing a tort and cancelled the sale and purchase agreement between the parties.

According to article 1313 of Civil Code, the definition of an agreement is an act pursuant to which one or more individuals commit themselves to one another. Theoretically, an agreement that was made based on a previous made agreement makes this two agreements relate to one another and put them into a condition where the previous made agreement can terminate other agreement that has an attachment to it. This study is a normative legal research, where the results of this study are : first, the Judges’ decision to terminate a grant deed was null and void by one of its considerations that was based on an investor agreement that by fact was made after the grant deed and had been canceled before the lawsuit was brought to court that made the decision uncertain. Second, the investor's agreement should not be taken as one of the judges' consideration to terminate the deed of grant, seeing that the two agreements are not related and can’t be categorized as principal agreement and accesoir agreement. They both also have different standing in which the deed of grant is an notarial deed whereas the investor agreement is a private deed. So, the investor agreement can only be used as an evidence in court and cant be used as one of the judges' considerations to terminate the deed of grant.

Starting from the treaty agreement from national agreement to international agreement, with the existence of the development of the time of course there are many developments including in the development in the field of agreement. in this journal the author explains about how should the implementation of Article 31 of Law Number 24 Year 2009 concerning about Flags, Languages, and Symbol of Country and National Anthem should be applied in Indonesia. the authors raise this issue using case studies on decision number 450 / Pdt.G / 2012 / PN Jkt.Bar where PT Bangun Karya Pratama Lestari sued Nine AM Ltd. to cancellation agreements that only use the English language without using the Indonesian language. in this case the panel of judges decides that the agreement is null and void because it violates Article 31 of Law Number 24 Year 2009 because the judges consider the agreement to violate Article 1320 Paragraph (4) of the Civil Code which reads "a lawful cause" this article of judges misinterpreted the exclusion of the law on the promulgation of the treaty. in the old legal books says that is not to violate the law is to the purpose of making a treaty not on the written evidence of a covenant that is only evidence when there is a dispute between the covenant makers. a covenant is not a written matter but the treaty itself is an agreement executed and agreed upon by both parties to fulfill the agreed agreement.

This research was conducted to examine the rules concerning the protection of maternal right of women workers set forth in Labor Law. Basically, women workers have special right, their right must also be facilitated. One of the most fundamental right is the maternal right of women workers, including the right to menstruation leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the right and child rearing. This research also to look at the law as the principles of truth and justice that is natural and universally applicable. The method used in this research is normative research specifications. Juridical instruments used are equipped with the Labour Law Regulations related of legislation law, while the normative aspect associated with the materials related to the research literature. Implementation of maternity rights protection of women workers has been stated in the Labour Law and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Convention). The results of this research indicate that the implementation of maternity right not going well.