Articles
<![CDATA[The Process Of Complexing The Criminal Action Of Planning Murder Performed By Police Investigators ]]>
<![CDATA[Andi Mohamad Akbar Mekuo]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.378-389
<![CDATA[The police is a figure and protector of the community who at the same time as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared no longer fit to carry out the police profession in accordance with the Decree. National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Republic of Indonesia Police. The objectives of the problem in this study are 1) To examine and analyze the settlement of criminal acts committed by unscrupulous members of the Police? 2) To examine and analyze the strategies that need to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police? The research approach method used is normative juridical. Sources of data used are secondary data and primary data, secondary data in this study refers to the literature and primary data refers to facts in the field and the results of interviews. The results of the study: 1) Settlement of violations of the police professional code of ethics that resulted in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 of the Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing is completed, a trial will be held in the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian Police,]]>
<![CDATA[Judges Existencing In The Judicial Process Of Narcotics Criminal Actors ]]>
<![CDATA[Diyono Diyono]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.323-330
<![CDATA[Aim in this study, namely to study and analyze the existence of judges in the trial of narcotics offenders? In this study the authors used a sociological juridical method with a descriptive analytical research specification. The data used for this research are primary and secondary data. Based on the results of the research with the conclusion that the existence of judges in the implementation of the narcotics crime court based on the analysis in case Number 70 / Pid.Sus / 2018 / PN Mgg, it is not wrong to be categorized as someone who thinks scientifically. As seen in the decision making, where the judge does not solely work to make and determine decisions by observing and completely applying abstract legal rules, but judges always see the problems faced in a broader context. Judging from the judge's consideration in seeing the case of the defendant Carolina Umarela by looking at things that were burdensome.]]>
<![CDATA[The Role of Notary in Resolution of Company's Share Ownership Issues by Two People Based on Act No. 40 of 2007 regarding Limited Liability Companies ]]>
<![CDATA[Imam Firdaus]]>;
<![CDATA[Ahmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.265-283
<![CDATA[Article 88 paragraph (1) of Act No. 40 of 2007 states that RUPS to amend the articles of association can be held if at the meeting at least 2/3 (two thirds) of the total shares with voting rights are present or represented in the RUPS and the decision is valid if it is approved at least 2/3 (two thirds) of the number of votes cast, which causes problems if the Limited Liability Company only has two shareholders with the same percentage of share ownership. The purpose of this study is to determine the impact of Limited Liability Company ownership by two people with the same share percentage and to find out the role of a notary in solving the problem of limited liability company share ownership by two people with the same percentage. The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that the ownership of PT shares owned by 2 (two) shareholders with balanced share ownership can certainly cause losses to the PT, especially causing difficulties in decision making at the implementation of the AGM. Where if during the RUPS, one of the parties does not approve the results of the RUPS, so the decision cannot be taken because the quorum is not fulfilled. The RUPS is an organ of the Company which has the remaining authority which is not given to the Board of Directors and the Board of Commissioners. The RUPS represents the will of the shareholders as a whole, either as a result of a decision by deliberation or a decision as a result of voting results that are in accordance with and in line with the provisions of the Association and or the Company Law. So it can be said that the RUPS is a meeting held by shareholders in their position as the owner of the company, which has the authority that neither the board of directors nor the board of commissioners have. ]]>
<![CDATA[Law Enforcement by Judge to Notary after Amendment of Notary Law ]]>
<![CDATA[Suci Harumi]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.261-271
<![CDATA[Notary is a public official who is the only one authorized to make authentic deeds regarding all required agreements and decisions by General Regulations or by interested parties it is desired to be declared in an authentic deed, guarantees the certainty of the date, keeps the deed and provides the Grosse, copy and excerpt thereof, all so long as the deed is not assigned or excluded by an official or other person by a general rule. In Republic Indonesia Act No. 2 of 2014 concerning Amendments to Act No. 30 In 2004, for the photocopy of the minuta deed and notary summons there was no longer the role of the MPD and was replaced by the Notary Honorary Council. Then it becomes a question of how the Process for the emergence of the basis for the formation of the Notary Honorary Council in Act No. 2 of 2014 concerning Amendment Law on Notary Position Number 30 of 2004, and how the Notary Summons the Deed made by the Judge after the Amendment to the Notary Position Act No. 2 of 2014. Research is normative legal research, resulting in the conclusion that the Notary Honorary Council was born in the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary Public because of the need for protection of a Notary in making deeds. It is very necessary if there is an institution whose function is in the process of judicial interests, where the Notary must get permission from the Notary Honorary Council when summoned in a court session.]]>
<![CDATA[Obstacles & Solutions If A Legal Agency Administration System in Process of Restruction of A Limited Company ]]>
<![CDATA[Fitriani Machbub]]>;
<![CDATA[Ahmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.284-289
<![CDATA[The purpose of this study is to explain how the obstacles and solutions if they occur in the legal entity administrative system in the Limited Liability Company approval process. This writing uses the juridical empirical research method by extracting information from interviews and data from literature studies. The data used in this study are secondary data which includes primary legal materials. Based on this research, it can be concluded that the Registration of Limited Liability Companies using the Legal Entity Administration System has obstacles and has disadvantages for its users, one of which is the website system itself, where the pages on the website are off or busy with the network, so the process will take a long time until hours due to slow access. ]]>
<![CDATA[Replacement Procedure and Mechanism Lost Minuta Deed Due Natural Disaster ]]>
<![CDATA[Chaerullah Wahyu]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.2.113-123
<![CDATA[The purpose of this study as follows: 1) to identify and explain the procedures and mechanisms replacement of Lost Minuta Due due to natural disasters that occurred in Palu, Central Celebes. 2) to identify and explain the barriers and solution procedures and mechanisms replacement of Lost Minuta Due due to natural disasters that occurred in Palu, Central Celebes. The method used in this research is descriptive using normative juridical approach. Sources of data obtained by collecting primary data and secondary data. Primary data were collected by interview and secondary data obtained through primary legal materials, secondary law and tertiary legal materials. Based on the results of this research to know that the procedures and mechanisms Replacement of Lost Minuta Due Natural Disaster is Making a report that the notary with Lost Minuta Deed to the police, but if the minutes of the deed is lost due to force majeure or break up the core of the minutes of the deed can not be read again the notary shall make an official report which will then be submitted to the news event MPW or MPD. 1) make a report to the police to report content that the notary concerned has lost all documents and other important files. 2) send the report to the Minister of Justice and Human Rights of the Republic of Indonesia concerning the condition of the notary's office damaged by natural disasters. 3) send a letter containing a report to the Director of the Department of Civil Law and Human Rights of the Republic of Indonesia, Directorate General of Legal Administration, Solution: 1) heirs to apply for approval of the minutes of the notary deed or protocol to the notary who willing to accept the minutes of a notary deed or protocol of the notary who had died or disappeared because of natural disasters. 2) notary willing to accept the minutes of a notary deed or protocol to apply to the Minister of Justice and Human Rights of the Supervisory Council cq region of Central Celebes province of Indonesia concerning the appointment of the protocol. 3) after a petition submitted and accepted by the Supervisory Council of the Territory, then the Regional Supervisory Council issued a decree on appointment of notaries container protocol of notary who died or disappeared because of natural disasters.]]>
<![CDATA[Legal Due To The Subject Limitation Of Liability Rights ]]>
<![CDATA[Irmawati Irmawati]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.229-245
<![CDATA[This research aims (1) To find out the legal consequences of limiting the subject of the mortgage provider for the enforcement of Article 9 paragraph (5) of the Regulation of the Minister of ATR / BPN Number 9 of 2019 concerning Electronic Mortgage Services. This study uses an Empirical juridical approach. This study concludes (1). The legal consequence of the limitation on the subject of the Granting of Mortgage Rights on the enforcement of Article 9 paragraph (5) of the Regulation of the Minister of ATR / BPN Number 9 of 2019 concerning Electronic Mortgage Services, namely the defective element of intention in APHT, the emergence of nominee agreements and PERMEN ATR / BPN No. 9/2019 contradicts the principle of lex superiori derogat legi inferiori Article 8 in conjunction with Article 4 paragraph (4) and paragraph (5) of the UUHT.]]>
<![CDATA[The Role of Regional Governments in Developing Draft of Regional Regulations ]]>
<![CDATA[Galuh Sekar Widjayanti]]>;
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[This study aims to understand the role of local governments in the preparation of the Ranperda, especially the Ranperda concerning Regional Public Water Supply Companies in the Jepara Regency area. In addition, it is also viewed from the perspective of Islamic law on the steps taken by the local government. This study uses an analytical-descriptive type of research, and uses a juridical-sociological approach. In accordance with the type and approach used, the types and sources of data are Primary Data and Secondary Data, with data collection methods used through interviews with related informants and literature studies in the form of statutory regulations and related literature books. The results of this study are that the role of local governments in the preparation of regional regulations is in accordance with the regional government laws, namely; has the right to submit Draft Regional Regulations, including in this case the Submission of Ranperda concerning Regional Public Drinking Water Companies in the Jepara Regency area.]]>
<![CDATA[An Investigator's Discretion in State Assets Confiscation Criminal Action Case of Corruption ]]>
<![CDATA[Adi Wiratmoko]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.507-517
<![CDATA[This research aims to discuss the concept of investigators' discretionary power in applying their powers and authorities in confiscation of state assets and shifting the terms of discretion from Act No. 14 of 2014 concerning Government Administration to Act No. 11 of 2022 concerning Job Creation. This discussion aims to provide clarity on the concept of discretionary power of investigators in confiscation of state assets which is still controversial from various aspects so that the concept of discretionary power is not only acceptable in terms of power, but also legally and morally/ethically acceptable. This writing uses a doctrinal (juridical-normative) approach, namely research on criminal law norms contained in Indonesian criminal legislation. Based on the results of the study, it was concluded that in principle the application of the investigator's discretionary power to confiscate state assets in corruption cases is a must because the spirit of eradicating corruption is to restore lost state assets. This discretionary power must also be balanced with improving the quality and integrity of investigators, in particular.]]>
<![CDATA[The implementing the Role of the Police in Preventing Gambling Crimes ]]>
<![CDATA[Beny Fajar Sanjaya]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.389-395
<![CDATA[The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said as one of the Polres that consistently eradicates Gambling indiscriminately. Kudus Police and Efforts: Obstacles originating from the community/outside the police. Obstacles that come from within the police.]]>
