Articles
<![CDATA[The Validity of Electronic Contracts in Software Applications ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Akta Vol 7, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v7i1.10556
<![CDATA[The development of information and communication technology resulted in the form of agreements turned into electrical forms, which are commonly referred to as electronic contracts. Discussion on electronic contracts refers to Article 46 paragraph (2) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions must also fulfill the legal conditions of the agreement. Based on this case, it is necessary to do a deeper study of the electronic contract, because it certainly has the potential to not fulfill the legal conditions of the agreement.Method research used in this research is library research. While the approach in this study uses a normative juridical approach. The source of legal material in this study uses primary and secondary legal materials.The results of this study state that the validity of electronic contracts in software applications can be canceled and null and void. Electronic contracts in software applications can be canceled because they do not meet the subjective requirements in terms of skills. This is because those who make electronic contracts through click warp have the potential to be immature, because they are under 18 years of age. Especially in the context of the use of smartphones or other devices related to the use of software applications, there are no clear rules regarding the minimum limits of users of such smartphones or devices. While the electronic contract has the potential to be null and void because the electronic contract is potential to conflict with the laws and regulations of Article 47 paragraph (1) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions. Electronic contracts in software applications are generally made using foreign languages, while Article 47 paragraph (1) requires that electronic contracts faced by Indonesian citizens must be made in Indonesian.Keywords: Electronic Contracts; Click Warp Agreement; Terms of Legitimate Agreement. ]]>
<![CDATA[The Loan Application with Land Certificate Guarantee ]]>
<![CDATA[Edi Rahadini]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Akta Vol 8, No 4 (2021): December 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i4.2991
<![CDATA[Certificates on land as collateral for one's debt, in fact, must be able to replace a debt. But in reality, the guarantee cannot be executed as a substitute for someone's debt. This writing using legal protection theory which is the protection of the dignity and worth, as well as the recognition of human rights owned by legal subjects based on general provisions from arbitrariness or as a collection of rules or rules that will be able to protect something else. That the discussion of the article focuses on: How to apply for a loan with a land certificate as collateral? The purpose of writing this journal is to find out how to apply for credit with land certificates as collateral. This study uses a normative juridical approach, with analytical descriptive specifications. Data obtained by literature study. The conclusions obtained from the writing are: collateral is the ability of the debtor to fulfill or pay off his debt to the creditor, which is carried out by holding certain objects of economic value as dependents on the loan or debt received by the debtor to his creditor. Indeed, a certificate can be used as collateral for a debt, but this cannot be done, because the debt agreement is not followed up with a mortgage agreement.]]>
<![CDATA[Notary Authority to Use Retention Right to Keep Documents Based on Custody Agreement in Legal Assurance Review ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Akta Vol 8, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/akta.v8i3.15440
<![CDATA[The purpose of this study is to determine and analyze the authority of a notary in retaining documents in the form of a power of attorney to sell and certificates that have transferred their ownership rights to other parties and to identify and analyze the position of heirs who have changed their citizenship on land ownership rights in a review of legal certainty. The approach method used in this research is sociological juridical. The results of the study stated that the storage of SHM certificate No. 2343/Salatiga by Notary WI is based on a safekeeping agreement between KT and notary WI. However, the authority to keep the certificate within a period of one year is no longer valid, considering that KT as the provider of care has changed its citizenship to become a citizen of the Netherlands. This refers to article 21 paragraph (3) of Act No. 5 of 1960 concerning Basic Agrarian Regulations. With the enactment of such provisions, the Notary WI within one year since the inheritance no longer has the right to keep the land certificate SHM No. 2343/Salatiga, considering that KT as the power of attorney no longer has rights to the land.]]>
<![CDATA[RESTITUTION RIGHTS AS A CONSTRUCTION OF JUSTICE REFERRING TO THE LAW ON PROTECTION OF WITNESSES AND VICTIMS ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v5i1.15321
<![CDATA[This study aims to determine the effectiveness of restitution rights regulations for witnesses and victims based on Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims. The provision of restitution which is the right of victims is often neglected, so that victims in their capacity as the aggrieved party do not get the rights that should be as stipulated in legislation. Based on this, this research emphasizes more on the factors that cause the ineffectiveness of regulations regarding restitution rights, as well as how efforts should be made so that victims can get restitution rights in accordance with the value of justice. The research method used in this research isresearch method library with a normative juridical approach that emphasizes secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research state that the factors that cause the ineffectiveness of restitution rights are the victim's ignorance of the existence of the right to retribution and the procedure for filing it, the perpetrators of criminal acts are generally incapacitated, and there is no good faith for the perpetrators of crimes who generally have adequate financial capacity. Efforts that must be made so that victims get the right to restitution is to replace the application of the service model for victims of criminal acts that should position the victim as a subject who needs extra services, as stated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. In addition, the current effort is to make the replacement of the right to restitution as an additional punishment which automatically becomes part of the judge's decision to be implemented immediately.]]>
<![CDATA[CONSTRUCTION CONTRACT OF HIRE PURCHASE AND CORRELATION WITH CRIMINAL OFFENSE ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 3, No 1 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v3i1.5265
<![CDATA[Hire purchase agreements that have developed in the realm of society yet have clarity because there is no specific legislation governing the lease-sale agreement. The absence of specific legislation governing the lease resulted in the agreement to experience different views for legal experts both in terms of the definition and the legal consequences arising. This type of research used in this study is a research library with normative juridical approach. Normative research. The results of this study mention: first, the legal construction of a hire purchase agreement did not have legal certainty, because this agreement has legal consequences of changing from the payment of the debt to the payment of rent, when a tort committed by the purchaser. Other than that, construction law hire purchase agreement is null and void, because there are some clauses which are contrary to Article 1266 of the Civil Code and Article 18 of the Consumer Protection Act. Second, the criminal offenses arising from a lease agreement is a criminal offense of extortion, when the withdrawal unilaterally, although financing the vehicle has been registered in the Register of Fiduciary. This is because even though the fiduciary has the right of executor, but the execution must follow procedures for the implementation of a court decision, so businesses must apply in advance to the Chairman of the Court.]]>
<![CDATA[LEGAL PROTECTION OF DOCTORS IN PROVIDING HEALTH SERVICES ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v4i1.9634
<![CDATA[Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards. These three standards, doctors are also obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No. 29 of 2004 concerning Medical Practice. In addition, doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence.]]>
<![CDATA[PENEGAKAN HUKUM PIDANA DI BIDANG ILLEGAL LOGGING BAGI KELESTARIAN LINGKUNGAN HIDUP DAN UPAYA PENANGGULANGANNYA ]]>
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011 ]]>
Publisher : <![CDATA[Unissula ]]>
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DOI: 10.26532/jh.v26i2.211
<![CDATA[Criminal Law Enforcement in the Field of Illegal Logging for environmental sustainability has not been completed properly, In fact the government was impressed as if keen to eradicate illegal logging, while the court would release him diligently. development of environmental law in Indonesia. Constraints, the Indonesian legal system is still associated with the pattern of claims with losses that are real. Future losses can not be applied in real terms, therefore losses are not yet occurred, is still a problems of law in Indonesia. Illegal logging is highly impact on the state of ecosystems in Indonesia. Logging provides a very adverse impact surrounding communities, and even the world community. Losses caused by forest destruction is not only the economic value of damage, loss of lung Indonesia and the world, global warming, will be followed by climate change such as increased rainfall in some parts of the world, catastrophic floods and landslides, but instead in another hemisphere experiencing a prolonged drought.Keywords : Criminal Law Enforcement, Illegal logging, Environment]]>
<![CDATA[IMPLEMENTATION OF REHABILITATION FOR DRUG ABUSES ACCORDING TO LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS ]]>
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Dwi Wahyono]]>;
<![CDATA[Andri Winjaya Laksana]]>
<![CDATA[ Jurnal Hukum Vol 38, No 1 (2022): Jurnal Hukum ]]>
Publisher : <![CDATA[Unissula ]]>
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DOI: 10.26532/jh.v38i1.20869
<![CDATA[This study aims to determine and analyze the implementation of rehabilitation for narcotics abusers according to Law no. 35 of 2009 concerning Narcotics and Barriers and what solutions are faced in the implementation of rehabilitation for addicts or narcotics abusers. The approach method used in this research is juridical sociology. The results of this study indicate that the implementation of rehabilitation for addicts or victims of narcotics abuse in principle is carried out through court decisions or requests from addicts or victims of narcotics abusers. There are three stages carried out to return addicts or victims of narcotics abusers to their original state, namely the medical stage, the non-medical stage, and the periodic or advanced stage. The obstacles faced in the implementation of rehabilitation are addicts or victims of narcotics abusers who are already in a semi-crazy condition, addicts or narcotics abusers do not want to open up, family factors, and the view of the police who still apply imprisonment for narcotics addicts.]]>
<![CDATA[TINJAUAN YURIDIS HAK-HAK TERSANGKA DALAM PEMERIKSAAN PENDAHULUAN ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Hukum Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011 ]]>
Publisher : <![CDATA[Unissula ]]>
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DOI: 10.26532/jh.v26i2.209
<![CDATA[Law enforcement is a process to realize the desires that have positive law through the Act into reality. Thus the issue is a matter of law enforcement efforts to realize these abstract ideas into concrete reality. Inclusion of the right of a defendant to obtain legal aid in the inspection process investigation level in the positive law does not mean that the poem was entitled to them, that the suspect will simply obtain legal assistance from attorneys in the enforcement of legal ideas into reality, there are several factors that influence. These factors can be positive in terms of support, and negative in the sense of inhibiting. An obstacle will result in enforcement of the idea of legal aid can not be realized. Factors affecting the enforcement of legal ideas into reality, that is: (1) substance, (2) the structure and culture (3) the means and facilities. substance associated with the positive aspects of the law that allocates rights legal aid, the structure associated with the institutional mechanism of legal aid providers, the culture associated with the existing values in the circles. institutions, infrastructure and facilities associated with the things that make it possible for an institution to carry out the tasks assigned to him. So although legal aid is certainly one of the rights granted by the positive law, but it's right before the form of abstract ideas.Keyword : Legal Protection, Rights of Suspects, Investigation]]>
<![CDATA[KEBIJAKAN HUKUM PIDANA DALAM UPAYA PENANGGULANGAN MALPRAKTIK PROFESI MEDIS ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Hukum Vol 25, No 1 (2011): Jurnal Hukum Volume XXV, Nomor 1, Edisi April 2011 ]]>
Publisher : <![CDATA[Unissula ]]>
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DOI: 10.26532/jh.v25i1.204
<![CDATA[Criminal law policy in essence an attempt to create criminal legislation to fit the circumstances at a certain time (ius constitutum) and future (ius constituendum). Efforts to prevent and control crime is not just law enforcement duties, but also the task forces of law-making (legislative), even this legislative policy is the most strategic stages of the penal policy, therefore, faults / weaknesses of the legislative policy is a strategic mistake that a barrier to prevention efforts and crime prevention at this stage of the application and execution.From the results of this study concluded that the positive criminal law in Indonesia about the malpractices continue to show weakness in mitigation policy and shows also that the uniform criminal laws in the medical field is not working properly (Wetboek van Strafrecht, Health Regulations). As a parent rule of criminal law, Code number 29 of 2004 on the legal practice of Medicine as a primary rule in the medical field to come up with emphasis on uniformity and consistency in the formulation of crime, the right and responsibility for the crime so as to provide a sense of justice for victims and can be a deterrent effect and also the use of penal mediation as a regional medical crime constituendum ius in an effort to provide justice for those who become victims of crime in the medical field. This is related to the development of criminal law in many countries today, which is using the law of mediation as an alternative to solve the problems in the field of criminal law.Keyword : Medical Law Policy, Medical Profession]]>
