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Pudji Indah Lestari
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Law, Crime, Criminology & Criminal Justice

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ANALISIS YURIDIS PENUNDAAN LELANG EKSEKUSI OLEH PENGADILAN NEGERI MEDAN TERHADAP HARTA BERSAMA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI No.601 PK/Pdt/2007) PUDJI INDAH LESTARI
PREMISE LAW JURNAL Vol 10 (2017): VOLUME X TAHUN 2017
Publisher : PREMISE LAW JURNAL

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ABSTRACT In the implementation of auction, there is auctioning organizational structure which in the central government it is known as Auction Administration Inspection, and the regional level the implementation and/or the Ruling on Auction  Postponement from the Court should be informed in 3 (three) days prior to auctioning implementation. From the Articles found in the Civil Code and the Compilation of the Islamic laws, it is found that those who want to make an agreement, especially loan agreement, either in Sharia Banks or in Conventional Banks, have to fulfill the basic requirements stipulated in the Civil Code. The research problems were as follows: first, how about the legal force on foreclosure sale executed by the State Loan Service Office against non-performing loan; secondly, how about the legal provisions on joint property which is auctioned; thirdly, how about the postponement of foreclosure sale by the Medan District Court in its Ruling No. 601PK/Pdt./2007. The conclusion of the research is that legal force on foreclosure sale by the State Loan Service Office against non-performing loan in the execution or the implementation of the rulings is done by coercion on the loser in litigation. Article 35 of Law No. 1/1974 regulates joint property. In general, joint property is the property which is obtained during the marriage period in which both husband and wife attempt to fulfill their needs in their wedlock. The use of joint property needs formal or firm agreement. Keywords: Postponement of Foreclosure Sale, Medan District Court, Joint Property
TINJAUAN PERANAN PBB DALAM PERKEMBANGAN PENERAPAN DAN PENGHAPUSAN HUKUMAN MATI DI DUNIA Pudji Indah Lestari; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstrak The Imperfection of criminal justice system is certainty because this is a “human work”. Even in the developed country such as United State of America, the failure of criminal system – in did not punish the innocent – always occurred. Since 1973, more than 120 peoples in America who waiting the execution of death penalty are released from the penalty because there are any new evidences that they are innocent.  The appearance of international norms on the limitation and abolition of death penalty is a phenomenon in post war II. As a desires of civilized nation, the abolition is propaganda when formulate the content of Universal Declaration of Human Rights (UDHR) in 1948 although only indicated implicitly in the recognition of “right to life”. Intention to ask the abolition of death penalty is developing in international society. The abolition of the death penalty is assumed as one of important element in the development of democracy in the nations who will break down a relation to the last age with terror, injustice and oppression.  The trend of this abolition is indicated by international law product in order to encourage the abolition of death penalty. In addition to UDHR,  the other dominant law instrument of human basic right is International Covenant of Civil and Political Rights (ICCPR) and its Second Optional Protocol and any others regional conventions. In 2007, the General Assembly of United Nations (UNO) also issued a resolution “Moratorium on the Use of the Death Penalty” that ask the abolition of death penalty. International organizations implement the desires of the member nations that manifested in an international convention. Therefore, the international organization with various bonds has a closed relationship to the Nations that established the organizations and in anything always depend on the nations. UNO is universal organization in which all of Nations have right to be member. International Court ever said in the reparation for injuries case, that the Court recognizes that the establishment of UNO by majority of members in international society manifests an entity with “Objective personality”. The membership of UNO with various function had make the UNO position over than other organizations. The international law instrument that regulate about the death penalty based on UDHR as universal declaration and then to be the base of the establishment of multilateral convention (ICCRP) and three regional convention i.e. European Convention on Human Rights, American Rights) and other human basic right conventions. The issue of death penalty always associated to two norm of human basic right; a right for live and protection to the punishment or a raw deal, inhumanity and neglect the human prestige. Both of these norms can be retraced to constitutional law of Anglo American. The protection to the “cruel and usual punishment had determined in English Bill of Right in 1968, while “a right for live can not be removed without due process of law” and to take attitude “did not provide the explicit recognition to legitimating death penalty. Keywords : Peranan PBB, Penerapan dan Hukuman Mati
Co-Authors Abdul Rahman Chairul Bariah