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HAK MENGUJI MATERIIL MAHKAMAH KONSTITUSI Widayati Widayati
Jurnal Hukum Vol 15, No 1 (2005): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v15i1.11336

Hak menguj i materiil adalah wewenang untuk menilai isi sebuah peraturan perundang-undangan, sesuai atau bertentangan dengan Konstitusi atau peraturan perundang-undangan yang lebih tinggi tingkatannya. Kewenangan Mahkamah Konstitusi untuk hak menguji materiil Undang- Undang terdapat di dalam Pasal 24 C ayat (1) UUD NRI Tahun 1945. Ketentuan tersebut dilaksanakan lebih lanjut dalam Undang Undang Nomor 24 Tahun 2003 Tentang Mahkamah Konstitusi. Putusan Mahkamah Konstitusi terhadap pengujian tersebut bersifat final dan langsung memperoleh kekuatan hukum tetap, tidak ada upaya hukum yang dapat ditempuh, artinya tidak ada upaya lain bagi pihak yang berkeberatan untuk mengubah putusan tersebut. Mahkamah Konstitusi bukan lembaga superior, tetapi sejajar dengan lembaga negara lainnya. Apabila terhadap putusan Mahkamah Agung dapat dilakukan Peninjauan kembali, maka terhadap Putusan Mahkamah Konstitusi seharusnya dapat juga dilakukan Peninjauan Kembali untuk memenuhi rasa keadilan masyarakat.

The Implementation of Good Governance Principles in Admission of Prospective Civil Servants Carolina Da Cruz; Sri Kusriyah; Widayati Widayati; Umar Ma'ruf
Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v5i1.20476

The aims of this study are as follows: To analyze and determine the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste and to analyze and determine the factors that influence the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste. The method used by the researcher was a sociological juridical approach and the specifications in this study are descriptive. The results of the research that the implementation of the principles of good governance in the recruitment of prospective civil servants in Timor Leste is wisdom and confidentiality, justice, honesty and integrity, equality, exclusivity regime, conflict of interest, kinshipan integral part of good governance. Factors Affecting the Implementation of Good Governance Principles on the Admission of Candidates for Civil Servants in Timor Leste, as follows: The legal factor itself, namely the entire legislation governing the implementation of Civil Servant Candidate (CPNS/ASN) acceptance. Law enforcement factors, namely people who carry out the law, especially law enforcement officers, in this case are focused on local government officials who are entrusted with the duties and responsibilities by laws and regulations to carry out the selection of CPNS/ASN acceptance. Legal culture factor, namely the habits that apply or are enforced to solve any problems that arise from local government activities in the context of accepting CPNS/ASN. The novelty showed that ability factor of Human Resources (HR), namely the personal circumstances of local government officials who are entrusted with the task of accepting CPNS/ASN and people who submit applications to become CPNS/ASN.

Criminal Investigation Polres Kudus Unit Efforts In The Prevention Of The Corruption In Village Funds Management Luk Har Syan’in; Gunarto Gunarto; Widayati Widayati
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i1.4208

Interest and research efforts is to know the Kudus Police Criminal Investigation Unit of the Prevention of Corruption Within the Village Fund Management.Corruption as a criminal act detrimental to state finance, society and individuals, classified as white collar crime is the main enemy of the Indonesian people in addition to narcotics and terrorism. Combating corruption not only through law enforcement (repression) but preventive measures should be preferred. Village Fund aims to promote the welfare of rural communities through its programs, so that should be the prevention of irregularities in utilization as well as in the village in the village Karangmalang, District Gebog, KudusUnderstanding of research results Karangmalang village residents, still very little about corruption, as well as the importance of the role of citizens in preventing corruption adi trans particularly as regards management of village funds. There are some obstacles and constraints encountered in reality on the ground by the Society and the Village Padurenan, District Gebog, Kudus Regency in respect of the management of village funds, and in particular as prevention of corruption use village funds, but the fund management nice village, transparent, and accountable in accordance with the statutory provisions of supported community participation oversee and report slogans, as one prevention of corruption to increase the effectiveness fitas development and welfare of rural communities in the vicinity.Keywords: Prevention of Corruption Act; Village Fund.

Implementation Analysis of Changes in Building Use Rights for Residential Houses Encumbered with Mortgage into Ownership Ahmad Rizal Qomaruddin; Bambang Tri Bawono; Widayati Widayati; Denny Suwondo
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.136-147

This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descriptive analytical, which describes the applicable laws and regulations associated with legal theories and practices of implementing positive law regarding these problems. Based on the results of the study obtained the results: 1) The implementation of the change of building use rights on land for residential houses into ownership rights that are encumbered with mortgage rights, namely starting from the Applicant must first obtain written permission from the Bank holding mortgage rights, that there will be changes to rights, namely building use rights will be upgraded to property rights. After receiving from the bank, the applicant or his proxies submits a request to change the Right to Build on the land for a residential house that is being encumbered with a Mortgage into a Property Right at the Land Office of Semarang City by bringing all the requirements, after verification, the application file is forwarded to the data processing officer, the abolition of the Building Use Right and the abolition of the Mortgage Right concerned in the land book and certificate as well as other general registers as well as recording the Ownership Rights on the land of the former Building Use Rights by mentioning the decision on which the ownership rights were based. 2) The legal consequence of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights is the nullification of the right to use the building to become property rights. However, the abolition of the right to use the building does not result in the abolition of the guaranteed debt. This is in accordance with the nature of the agreement for granting Mortgage, namely as a complementary agreement (accessoir), Article 10 paragraph (1) UUHT.

The Legal Protection for Buyer in Deed of Selling By Using A Substitute Certificate Avia Surya Ningrum; Jawade Hafidz; Widayati Widayati; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.36-47

This study aims to identify and analyze legal protection for land buyers whose certificates use a substitute certificate in the deed of sale and purchase, know and analyse legal certainty of the existence of a replacement certificate if it is charged with mortgage rights and knowing and analyzing examples of sale and purchase deeds using a replacement certificate. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required includes primary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research concluded that the legal protection for land buyers whose certificates use a replacement certificate in the deed of sale basically the same as legal protection for ordinary Land Rights Certificates. For parcels of land for which a certificate of replacement of land rights has been issued, the Land Office will cancel by law and withdraw and destroy the old certificates that have been previously issued so that one day it does not cause legal disputes. Legal certainty of the existence of a replacement certificate if a mortgage is charged is from: UUPA and Government Regulation Number 24 of 1997 concerning Land Registration in Article 32 paragraph (1) The second certificate (substitute) is a certificate of land rights issued by the Land Office as a substitute for the lost first certificate of the same parcel of land, in this case the subject of the rights the same and the object is also the same. So that the replacement certificate can also be used as collateral for one's debt to financial institutions, both banks and non-banks. The certificate is used as collateral from a financial institution, both bank and non-bank, then the certificate is burdened with mortgage rights, so that because of the legal guarantee of ownership of the land, someone can receive it as securities.

The Gap Liability of Substitute Notary on the Authentic Deed which is Made based on the Terms of Notary Position Danang Sanjaya; Bambang Tri Bawono; Widayati Widayati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.241-156

This study aims to identify and analyze an authentic deed made by a substitute notary has the same power as perfect evidence as made by a notary official, to know and analyze the concept of a substitute notary so that the authentic deed product meets the requirements as perfect evidence like a notary official, and to find out and analyze examples of substitute notarial deeds. The research approach method used in this thesis is a normative juridical law research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Civil Code; and secondary data containing books, journals and other supporting documents. Collecting research data with techniques literature, laws, government regulations, and regulations under the law, journals, scholarly opinions, and legal cases. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model. The results show that the authentic deed made by the substitute notary has a procedure regarding the provisions, the conditions that must be carried out since the notary official takes leave and the Minister of Law and Human Rights gives a letter of appointment of a substitute notary.

Community Participation In Development Of Environmental Impact Analysis Documents (AMDAL) Based On Arnstein Concept Prita Hapsari Kertaningrum; Widayati Widayati
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

With the enactment of Act No. 11 of 2020 concerning Job Creation, Act No. 32 of 2009 concerning Environmental Protection and Management underwent changes, so that one of the main changes is community participation in the process of preparing the Environmental Impact Analysis (AMDAL) document. This article examines community participation in the preparation of the AMDAL document based on the Job Creation Act according to the concept of community participation by Arnstein. With a normative juridical approach, it can be concluded that community participation in the preparation of AMDAL documents according to the Job Creation Law is included in the second level (Tokenism) meaning that public participation is limited in the form of submitting suggestions, opinions and responses but there is no guarantee that the opinions expressed will be considered in decision-making.

Implementation Effectiveness of Electronic Liability Registration Endah Subekti Tri Astuti; Widayati Widayati
Sultan Agung Notary Law Review Vol 3, No 4 (2021): December 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The purpose of this study is to determine and analyze: 1) the effectiveness of the current electronic mortgage registration implementation. 2) Factors that affect the effectiveness of the current implementation of electronic mortgage registration. The approach method used in discussing this research problem is a normative juridical approach.The research specification used is descriptive analytical research. This type of data uses secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The implementation of HT registration with the HT-el System at the Land Office has not all been carried out in accordance with the procedures stated in the Technical Guidelines for HT-el. Procedural discrepancies, for example, were found in files that were suspended and closed in 2019 until May 12, 2020. Application files that did not comply with the procedures were discovered based on the results of the Land Office inspection, if not checked, the HT-el certificate would be issued automatically on the seventh day. Issuance without any inspection from the Land Office if there is a procedural error, it is feared that it will become a problem in the future. Obstacles in HT registration with the HT-el System occur in PPAT, Banks as creditors and the Land Office. These obstacles arise during the HT registration process, both technically and non-technically. 2). Barriers related to technical aspects include the lack of facilities such as ranking selection, selecting more than one certificate and providing facilities for checking certificate data in HT-el applications. Meanwhile, in non-technical barriers, there are regulations in Permen ATR/BPN No. 5 of 2020 which is not in accordance with UUHT as the legal basis for the Ministerial Regulation issued, where in UUHT the second sheet of APHT and other warrants are submitted to the Land Office in physical form but in Permen ATR/BPN No. 5 of 2020 only in digital form of scan results.

The Establishment of Tax on Land and Building Rights (BPHTB) Karmani Karmani; Widayati Widayati
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

This study aims to examine the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. Reviewing the obstacles that arise in the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. Reviewing solutions in overcoming the obstacles that arise in the implementation of the collection of Customs Tax on Land and Building Rights in Boyolali Regency. This research is a sociological juridical research. The results of the study concluded that mHowever, there is a discrepancy with the laws and regulations in the implementation of the collection of Duties on the Acquisition of Rights to Land and Buildings in Boyolali Regency, namely when there is a transfer of rights to land and buildings due to a sale and purchase whose transaction value is lower than the market price, the transaction value will be determined by the BPPKAD officer based on market prices and surveys of the tax object in question, even though the provisions of Article 87 paragraph 2 of Act No. 28 of 2009 and Article 7 of Boyolali Regency Regulation Number 2 of 2011 state that the basis for imposing BPHTB taxes on the acquisition of buying and selling rights with lower transaction value rather than the market price, the basis for the imposition of BPHTB tax is the Tax Object Sales Value (NJOP) of Land and Building Tax. In the collection process there are still some obstacles, namely the lack of knowledge of taxpayers regarding information and socialization of the regulations on the Acquisition of Rights on Land and Buildings, as well as the limited number of Human Resources (HR) from the Office of the Regional Financial and Asset Management Revenue Agency of Boyolali Regency, even though the area and number of transfers of land and buildings is small in Boyolali Regency is high, thus interfering with the performance of the Land Deed Maker Officials and the National Land Agency in terms of land registration. There is a need for periodic socialization regarding the Customs for Acquisition of Land and Building Rights by the Regional Government, while the problem of uncertified land requires cooperation with the local National Land Agency, for example conducting a prona program.

Role of Notary in the Making of A Powerful Legal Entire Property Distribution Deed Hawwa Hauro; Widayati Widayati
Sultan Agung Notary Law Review Vol 3, No 2 (2021): June 2021
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

The distribution of inheritance using a notary deed is an alternative method of inheritance distribution in addition to using court institutions which are commonly used by Indonesian people in inheritance distribution. This writing aims to analyze the theory of the implementation of the distribution of inheritance and the evidentiary process in order to get full evidence in the District Court. The research method used in this thesis is a sociological juridical approach, namely legal research carried out by examining how reactions and interactions occur because legal expectations are often different from the reality that occurs in society, or it can be called the gap between Das Sein (facts) and Das Sollen (norms/expectations). This study was analyzed using the theory of justice in Islam, the theory of legal certainty, and the theory of proof. The results of the study found that the theoretical analysis of the implementation of the distribution of inheritance, both according to the distribution of Islamic inheritance and the Civil Code already has legal certainty.The power of proof attached to an authentic deed is perfect strength and means that the proof is sufficient with the deed itself unless there is opposing evidence (tegen bewijs) which proves otherwise or proves otherwise from the deed. A deed according to the formulation of Article 1868 of the Civil Code, to obtain authenticity as an authentic deed, must meet several requirements, namely: the deed is made by or before a public official; the deed must be made in the form determined by law; and the public official must have the authority to make a deed.

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