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Introducer Witness On Notary’s Deed Establishment: Forgotten Role in Indonesia Notarial Law Monica Firda Nurjannah; Sri Budi Purwaningsih; Mochammad Tanzil Multazam; Emy Rosnawati
Rechtsidee Vol 4 No 2 (2018): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2018.4.45

Abstract

In Law Number 2 Year 2014 regarding the Amendment of UUJN (UUJN-P) Juncto Law Number 30 of 2004 concerning Notary (UUJN) mentioned that was possible if there is a sign witness or an introducer witness. However, in Notary Law is not yet be regulated explicitly about legal protection for introducer witness who signed in a notarial deed. The purpose of this study was to know the legal protection for the introducer witness who signed in a notarial deed. The Type of research used in this research is normative, with statue approach and the results will be presented descriptively with deductive logic. The result of research shows that legal protection for introducer witness is can’t be sued because he is responsible the formal truth about people to notary only .The benefit of this research is bring information to public about legal protection for the instroducer witness.
Bekwaamheid Effect in the Distribution of Divorce Cases in Indonesia: A Lesson from Sidoarjo Noor Fatimah Mediawati; Effy Wardaty Maryam; Sri Budi Purwaningsih; Rizqiyah Rosyidatul Azizah; Merry Orienta Cassey
Rechtsidee Vol 6 No 2 (2020): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.2020.6.694

Abstract

Peningkatan jumlah kasus perceraian di Sidoarjo, baik di Pengadilan Agama maupun Pengadilan Negeri, menimbulkan keprihatinan tersendiri. Tidak kurang dari 4000 kasus yang muncul setiap tahun, khususnya di Pengadilan Agama Sidoajo. Jumlah ini memicu keingintahuan peneliti untuk melakukan penelitian, yang mengkaitkan sebaran jumlah kasus perceraian tersebut dengan konsep bekwaamheid (khususnya kedewasaan umur). Dimana dalam logika sederhana, semakin dewasa umur seseorang, semakin matang tingkat pengelolaan emosi, seharusnya tidak mudah menghancurkan perkawinannya sendiri. Apalagi dengan alasan selingkuh atau ekonomi. Dengan metode penelitian hukum sosiologis, ditemukan jawaban bahwa ternyata bekwaamheid dalam hal ini tidak banyak berpengaruh. Dari tahun ke tahun (2016-2019), jumlah kasus perceraian di Sidoarjo tidak mengalami penurunan.
Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice Sri Budi Purwaningsih
Rechtsidee Vol 1 No 2 (2014): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i2.100

Abstract

The extension of credit contain a risk that must be covered by the bank, because the credit is given now and pay later. To minimize the risk of loans, the bank will ask the debtor to provide collateral as a source of repayment of the debt if the debtor default or breach of the contract. According to Article 1131 Civil Code (KUH Perdata), all assets of a debtor, either moving or fixed objects, both existing and new will exist in the future, a guarantee for all debts of the engagement. This means that by itself or in order to pass laws providing collateral by a debtor to any creditor for all debtor's property. Sales with Privately Made Deed over the object in the hak tanggungan banking practices may be more effective and efficient both in terms of time and costs for the settlement of non-performing loans. But in practice, occurs some offense prescribed procedure leading to doubts about the legality aspect of sales with privately made deed over the object under hak tanggungan based on the authorization to sell in banking practice. How To Cite: Purwaningsih, S. (2014). Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice. Rechtsidee, 1(2), 191-204. doi:http://dx.doi.org/10.21070/jihr.v1i2.100
Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010 Sri Budi Purwaningsih
Rechtsidee Vol 1 No 1 (2014): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v1i1.99

Abstract

The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological) and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological) as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2014). Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1), 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99
Implementation of Accelerated Complete Systematic Land Registration in 2019 in Grabagan Village, Sidoarjo Siti Lailatul Mufidah; Sri Budi Purwaningsih
Academia Open Vol 3 (2020): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (26.619 KB) | DOI: 10.21070/acopen.3.2020.614

Abstract

The Indonesian government holds Land Registration for the Indonesian people in accordance with the provisions in Government Regulation Number 24 of 1997 concerning Land Registration. One of the Indonesian Government's programs regarding land registration is carrying out a Complete Systematic Land Registration program in 2017 to ensure legal certainty and legal protection for the Indonesian people. This study aims to determine the implementation of accelerated land registration in 2019 in Grabangan Village, Tulangan District, Sidoarjo Regency. This type of research uses social legal research by examining laws and other regulations with a qualitative approach accompanied by interviews and questionnaires to obtain data. The results of this study explain that the complete systematic land registration activities for the Indonesian people that have been carried out by the Sidoarjo Regency Land Office are in accordance with the provisions in the Regulation of the Minister of Agrarian / Spatial Planning for the Head of the National Land Agency Number 12 of 2017, however, in Grabangan Village there are obstacles, for example: lack of Human Resources, lack of awareness of the community and the main number of fields that float around makes implementation in the village a problem.
An Overview of Marriage Status Using Fake Divorce Certificates Sifani Ekawati; Sri Budi Purwaningsih; Emy Rosnawati
Academia Open Vol 5 (2021): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (18.006 KB) | DOI: 10.21070/acopen.5.2021.732

Abstract

This study aims to determine the legal consequences if a marriage is carried out using a fake divorce certificate. And also And also to find out the legal sanctions imposed on someone who is getting married by using a fake divorce certificate. The method used is normatife juridicl with a statutory approach. Marriage using a fake divorce certificate does not only cover the area of civil law but also criminal law, which imposes sanctions on the perpetrator and the party who participates in the forgery. The conclusion from this research is that marital status using a fake divorce certificate can be canceled. Then the parties have their status as before the marriage. And parties involved in committing the crime of counterfeiting are punished by up to eight years in prison
Weaknesses of Fidusia Execution After Rules of the Constituonal Court Number 18/PUU-XVII/2019 Suyanti Suyanti; Sri Budi Purwaningsih
Indonesian Journal of Law and Economics Review Vol 9 (2020): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (34.697 KB) | DOI: 10.21070/ijler.2020.V9.693

Abstract

The public's need for funding is currently increasing, which is used as additional capital, then people borrow funds from financing institutions on the condition that there is a guarantee to ensure legal certainty and if the debtor has broken his promise later, the object that is guaranteed can be executed, one form of guarantee institution, namely: fiduciary guarantee. The problem examined in this research is whether the decision of the constitutional court number 18 / PUU-XVII / 2019 weakens the implementation of the fiduciary guarantee execution and what is the weakness in the implementation of the fiduciary guarantee execution. The methodology used in this research is juridical and sociological based on field data and statutory regulations which are equipped with theory and literacy then followed by field data to answer the problems studied with a statute approach and analyzed deductively. The results of the research on the execution of the fiduciary object cannot be carried out by the creditor if there is no agreement from the debtor and if it is not interpreted about the existence of a default and the debtor is not willing to give voluntarily and the execution of the execution is not easy for the creditor to do.
Akibat Hukum Terhadap Perjanjian Alih Debitur Atau Oper Kredit Tanpa Persetujuan Perusahaan Pembiayaan Dengan Objek Jaminan Fidusia Kendaraan Bermotor Muhammad Harbitan Dinata; Noor Fatimah Mediawati; Sri Budi Purwaningsih
Indonesian Journal of Law and Economics Review Vol 1 No 1 (2017): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (21.106 KB) | DOI: 10.21070/ijler.v1i1.1747

Abstract

In this globalization era, the needs of the society in finance activity has been increased, therefore, the finance companies got a great demand from the societies, particularly in the payment of vehicle.The frequent problem in the implementation of vehicle financing credit is the transition of the credit from debtors to new debtors without the approval of the Financing Company. The purpose of this study is to find out the impact of the law through the transitionagreement credit to the new debtors without the approval from the Financing Company. This study uses normative research with statute approach. The results showed that the legal consequences of the loan transfer agreement without the approval of the finance company resulted in the agreement is invalidsince it violated the objective terms of the agreement.The agreement of the credit transfer without the approval of the Financing Company violates the fiduciary guarantee law which prohibits the loan shift without prior approval of the Financing Company.This study give benefit and knowledge for the author, particularly for the societies about the legal consequences of credit transfer agreements without the approval of financing companies.
Bentuk - Bentuk Perlindungan Anak Menurut Hukum Positif di Indonesia Dedy Siswanto; Sri Budi Purwaningsih
Indonesian Journal of Law and Economics Review Vol 1 No 1 (2017): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (13.797 KB) | DOI: 10.21070/ijler.v1i1.1749

Abstract

Child Abuse often encountered in families and communities, both in rural and urban areas. There are many problems in living in the family or in the community such as certain forms of criminal acts, such as murder, mistreatment, rape and theft on children which results in physical and psychological misery and suffering. Based on this, the purpose of this research is to find out the forms of child protection according to positive law in Indonesia. The research method used is normative juridical which tests the application of rules or norms in the positive law that apply by using the Statute Approach. The form of legal protection for children is given in a preventive and repressive manner. Preventive protection aims to take precautions before legal problems occur. While repressive legal protection is the protection provided by the law. The benefits of this research are that it can provide benefits to society, namely giving a comprehensive picture of the forms of child protection according to positive law in Indonesia.
Inheritance Rights for Children from Siri Marriage in Indonesia Ayu Oktavia; Sri Budi Purwaningsih
Indonesian Journal of Law and Economics Review Vol 1 No 2 (2018): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (19.694 KB) | DOI: 10.21070/ijler.v1i2.1751

Abstract

In Indonesian society, there are still many marriages that are not registered officially or commonly called with Siri marriage. Siri marriage is a legitimate marriage according to religion but illegitimate according to the state's rule, which in turn affects the child whose born of Siri marriage. Children born out of Siri marriage cannot get their rights especially in terms of inheritance rights. The purpose of this study is to determine whether or not there is legal protection for children born of Siri marriage in terms of inheritance rights in view of the positive laws prevailing in Indonesia. The research method used is Normative research method using statutory approach (statute approach). In Indonesia related to the protection of inheritance rights for children born of siri marriage there are some differences. The benefit of this research is to increase the knowledge of whether or not there is legal protection in terms of inheritance rights for children born from siri marriage in review of the positive law in Indonesia.