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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Nynda Fatmawati Octarina
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Due to the Law for the Making of a Power of Power of sell which is Not Previous with the Principal Agreemtent in the Transaction of the Selling of Inspired Land (Case Study of Ma Decision No. 772/K/Pdt/2018) Nynda Fatmawati Octarina; Edith Edith
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.3762

Abstract

This study discusses the legal consequences of making a power of attorney to sell which is not preceded by a principal agreement in the sale of inherited land. This research is a normative juridical law research with qualitative methods to analyze data and descriptive analytical research type. Power of attorney to sell is a form of special power of attorney. Where in the Special Power of Attorney it must be stated clearly and unequivocally regarding what legal actions and actions may be taken by the Proxy. This is so that the power of attorney does not deviate from the intent of the Authorizer. Power of attorney to sell is a form of accessoire agreement. Accessoir agreement is an additional agreement that follows the Principal Agreement. Power of attorney to sell that stands alone without following the main agreement, it is very risky for deviations to occur in its implementation. This is because the power of attorney to sell which stands alone usually does not include the rights and obligations of the giver and Power of Attorney in detail, clearly, firmly.
The Role of Legal Advisors in Criminal Case Settlement Process Nynda Fatmawati Octarina; Umi Faridah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2946

Abstract

Since the enactment of Law No. 8 of 1981, LN. No. 76 of 1981, namely regarding the Criminal Procedure Code which came into force on December 31, 1981, the provisions contained in the HIR (Het Herzine Inlandsch Reglement) Staatsblad 1941 44 and all its implementing regulations are no longer valid. The values of Pancasila and the 1945 Constitution which are noble and uphold the existence of human rights also recognize the position and role of defenders which are implemented or further embodied in the Criminal Procedure Code, namely Law No. 8 The position and role of the defender are closely related to the rights of the suspect or defendant because the defender or legal advisor is present in the process of settling criminal cases precisely to assist and defend the rights of the suspect or defendant as regulated in the Criminal Procedure Code (KUHAP) A suspect who is suspected of committing a criminal act is not necessarily a guilty person, nor is a defendant charged with a criminal act not necessarily guilty because in our legal state recognizes the principle of "the presumption of innocence", so the suspect or defendant must be considered innocent. guilty before there is a judge's decision that already has permanent legal force. The presence of a defender in the settlement of a criminal case in addition to accompanying a suspect or defendant and defending him is also due to moral and juridical responsibility as one part of law enforcement officers who work together same as other law enforcers trying to find the material truth. In this criminal justice process, the provisions of Article 54 of the Criminal Procedure Code emphasize the rights of the suspect be accompanied by the defense or legal counsel at every level of examination, in other words, that the suspect or defendant has the right to have contact with the defender from the time of the preliminary examination until the time of the preliminary examination. examination in court.
Progressive Legal Views on the Implementation of the Omnibus Law Method in Indonesia Nynda Fatmawati Octarina; Priskila Fransisca Haryono; Elisabeth Yulia Rana; Muhammad Fahmi; Abdullah Abdullah
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6114

Abstract

Indonesia is a constitutional state which was contain in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and based on the prevailing laws and regulations. The current laws and regulations are considered to have a lot of influence on legal positivism teachings, the law is considered rigid and causes the number of regulations that Indonesia has. The number of regulations is considered quite a cause for concern, and can lead to a decline in the quality of regulations in Indonesia. So, the Government tries a new method, namely the omnibus law method in simplifying regulations in Indonesia. The government's efforts to reduce regulatory obesity through the omnibus law method are considered formal flaws because they are not in accordance with the rules for the formation of laws and regulations stipulated in Law no. 12 of 2011. The progressive legal view of the omnibus law is necessary then to see the real and living substantial aspects of society and the consideration of social perspectives needs to be adjusted and the Government needs to continue to explore the real aspects in society.
Co-Authors Abdullah Abdullah Edith Edith Elisabeth Yulia Rana MUHAMMAD FAHMI Priskila Fransisca Haryono umi faridah