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ANALISIS HUKUM TERHADAP PERAN PEMERINTAH DAERAH DALAM PENGADAAN TANAH BAGI PEMBANGUNAN Safiulloh Safiulloh; Aris Setyanto Pramono
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i1.19

Land is a gift of God Almighty for the people, the nation and the State of Indonesia, which must be cultivated, utilized, and used for the greatest prosperity of the people. This article examines the land procurement oriented to the creation of legal certainty of land procurement for local government. Methods Research used normative research methods with statutory approach and analytical or conceptual approach. The results of research indicate that local government has the right and authority to arange and manage its own regional government affairs according to the principles of regional autonomy, especially in terms of land acquisition for the implementation of development for the public interest. However, the authority given to each local goverment, the application must be in synergy with the central government program. If the existence of local government cannot be separated from the central government

PEMBATALAN OLEH HAKIM TERHADAP AKTA JUAL BELI YANG DIBUAT BERDASARKAN PENIPUAN (BEDROG) Hadi Haerul Hadi; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i2.43

A covenant is not always made on the basis of a free agreement but rather it is possible that there is a defect of will in the agreement. Such will defects can occur due to coercion, oversight, and fraud in making agreements. In this study, we will discuss one of the three will defects, namely fraud. The formulation of the problem to be scrutinized by the author is fraud as a reason for the cancellation of the agreement and the result of the cancellation by the judge of the Deed of Sale and Purchase made on the basis of fraud by the judge for the parties. The research method used is normative juridical research by descriptive analytical data analysis and using data collection tools, namely secondary and primary data. In this thesis, it is concluded that fraud occurs if there is a deliberate element carried out by one of the parties, namely providing untrue information or facts, and against a lie alone is not enough for the existence of fraud but there must be a series of lies that in relation to one another constitute a gimmick, and have a causal relationship if there is no fraud, then he could not possibly close the treaty. The legal consequence arising from the Deed of Sale and Purchase annulled by the Judge is that all circumstances must be returned to their original state when there has not been a legal action in the deed in question. So that the other party in the agreement who has already received the achievements of the other party is obliged to return it. Against the Deed of Sale and Purchase which is disputed by the judge, the Land Deed Making Officer will give a note to the Minuta Deed that the deed has been annulled by the Judgment of the Court or by attaching the Judgment of the Court to the Minuta Deed concerned. Finally, for the certificate that has been reversed, one of the parties will apply for cancellation of the certificate to the National Land Agency and then by the National Land Agency will be carried out to cross out and change the name of the owner of the land rights specified in the District Court Decision on the land books, but regarding the replacement of the certificate, there are no clear provisions

TINJAUAN YURIDIS TENTANG KAWIN/PERNIKAHAN SECARA KONTRAK MENURUT IMPLEMENTASI PASAL 1320 DAN 1243 KITAB UNDANG-UNDANG HUKUM PERDATA (KUHPER) Aris Setyanto Pramono; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i2.50

This study aims to determine whether or not a dispute over default can be resolved in a marriage or marriage that is carried out by contract. Because in the rules of the marriage law No.1 of 1974 there is no state that marriage is carried out with a certain time limit and the parties have certain purposes and clauses, and in religion as a marriage is carried out because on the basis of mutual love without any coercion and solely aims only to worship Allah Almighty / God Almighty. In one of the valid conditions in the contract or agreement in article 1320 of the Criminal Code is "lawful clause", meaning that the object promised is not an illegitimate item, not a prohibited thing either by state and religious law, so that the contract agreement whether biased is said to be valid or not and if one of the parties commits a default whether it can be said to be an unlawful act. In this study, the author used a qualitative analysis method, namely systematically compiling data obtained from interview results, field notes and other materials, so that it can be understood easily and the findings can be understood easily and informed to others. Marriage and marital problems that often occur in daily life such as infidelity, domestic violence, to the occurrence of actions that lead to criminal sanctions are something that we should not allow to continue to happen without efforts to prevent disputes, cases and conflicts of marriage or marriage. In this case, the Religious Court as the authorized body, makes efforts in resolving disputes, conflicts and marriage cases such as conducting mediation or bringing cases before the court

IMPLEMENTASI KEKUATAN MENGIKAT PADA PERJANJIAN HUTANG PIUTANG SECARA LISAN/DIBAWAH TANGAN DI TINJAU BERDASARKAN PASAL 1338 KUHPERDATA Aris Setyanto Pramono; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v3i1.55

Accounts Payable Accounts payable is part of the socio-economic activities that usually occur in the community based on the need to meet household needs or business (business) capital. The person who borrows is called the debtor, who gives the loan is called the creditor. The problem is if the debt cannot be paid according to the agreement/agreement because the debtor is experiencing financial difficulties (financial). So the debtor who cannot pay is called a breach of promise (default) so that it can be billed and even sued. In religion, debts and debts are not an easy matter because they are obligations that must be fulfilled both by themselves and by their heirs because they can be brought to death. In general, a diwali debt transaction with an oral or written agreement/agreement is an agreement that contains the rights and obligations of both parties, and serves as evidence of settlement at a later date. In principle, every agreement must be carried out in good faith. And the agreement made by both parties applies as law for those who make it (the principle of pacta shun servanda). This article analyzes how a debt agreement was born orally or privately. Whether the agreement is legally declared valid and becomes binding law for those who make the agreement. With the debt agreement, which is only carried out verbally, if at any time one of the parties does not carry out its obligations "achievement" or is deemed to have failed to carry out its obligations "default" can be declared guilty and on the basis of any evidence when the debt-receivable agreement is carried out verbally only, so whether the agreement has the executive power to be able to take assets from one of the parties who are declared 'defaults' as a form of compensation for both the debtor (who borrows) and the creditor (who provides the loan).

TINJAUAN YURIDIS TERHADAP HAK MASYARAKAT SETEMPAT KELURAHAN CILOWONG ATAS PENGELOLAAN SAMPAH TPA DI KELURAHAN CILOWONG BERDASARKAN PERATURAN DAERAH (PERDA) KOTA SERANG NOMOR 7 TAHUN 2021 TENTANG PENGELOLAAN SAMPAH DI KOTA SERANG Ahmad Zikri Rahmatullah; Iron Fajrul Aslami; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v3i1.57

Departing from the role of the local community for decision making, implementation and supervision in the management of household waste and waste similar to household waste organized by the government, which is clearly regulated in the Serang City Regional Regulation No. 7 of 2021.This study aims to determine the rights and roles of the local community in managing waste in the Cilowong Village and how the roles and responsibilities of the government and related agencies are to implement regulations and laws in the system.Methods The research uses a descriptive method with a qualitative approach. Observations as data collection, interviews with the Head of UPT Cilowong and the Serang City Environmental Service and collecting data or news about waste management in Cilowong village.The results of the study are to show the role of the surrounding community for waste management in the area and a juridical review of the impact of the local community in the Ciliwong Village on the management of TPA waste in the Village and how the responsibilities of the Government and related agencies are in being responsible for the policies that have been generated.The conclusion from this research is that the rights of the surrounding community have not been fully fulfilled and the waste management system in the Cilowong area is not running optimally with the Serang City Regulation No. 7 of 2021 and the local government must check more about the implementation and implementation of the relevant agencies so that things are carried out in accordance with regulatory references. If the policy is implemented that is not in line with the existing regulations, the government can review the policies taken

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