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Auction Winner as A New Criteria in The Concept of Good Faith Buyer in Indonesia Faizal Kurniawan; Xavier Nugraha; Ardhana Christian Noventri; Qona’aha Noor Maajid
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.171-190

Abstract

Good faith is a principle embodied under Article 1338 Paragraph (3) of the Indonesian Civil Code, which is required in every stage of a contract, including in a land sale and purchase contract. Under several decisions of the Supreme Court, good faith is considered to exist, for instance, when a buyer purchased a land through the auction of the State Receivables Affairs Committee (PUPN). Nevertheless, based on a conviction in the judicial practices, this article believes that purchases through official auctions are not necessarily the indicators for the existence of good faith principle in a land sale and purchase contract. Therefore, this study is focused on the concept of good faith buyer with a land object as well as the characteristic of auction winner as a good faith buyer protected by law. In conclusion, parties of a land sale and purchase contract through auction can be considered to have performed in good faith when they have fulfilled the criteria under Supreme Court Circular Letter and other criteria such as purchasing through state auction office in accordance with the applicable laws and regulations, purchasing in a reasonable price, and the auction winner is not the creditor himself who purchases at a price far below the collateral limit price.
PENAL MEDIATION BY POLICE INSTITUTION IN HANDLING HATE SPEECH THROUGH ELECTRONIC MEDIA: A LEGAL EFFORTS TO RESOLVE WITH A RESTORATIVE JUSTICE APPROACH Toni Harmanto; Bagus Oktafian Abrianto; Xavier Nugraha
International Journal of Artificial Intelligence Research Vol 6, No 1.2 (2022)
Publisher : International Journal of Artificial Intelligence Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (196.696 KB) | DOI: 10.29099/ijair.v6i1.388

Abstract

In the era of the industrial revolution 4.0 which caused the information to be easily spread, it turned out to have a bad impact, which led to the birth of the post-truth era. The post-truth era is an era in which objective facts become blurred because of broad public opinion. This makes it easy to spread hooks and expressions of hatred in society. The high perpetrators of hoax distribution and expressions of hatred make a legal solution needed that not only focuses on the deterrent effect for the perpetrators but the recovery of the community in its original condition. To restore the community's condition to its original condition, a restorative justice approach is used, one of which is through mediation by the police. This article will discuss, firstly related to the concept of mediation of penalties by the police in Indonesia and secondly it will discuss the approach of mediation of penalties by the Indonesian police in the handling of criminal acts of hate speech in electronicmedia. This article is a legal article that uses a statute approach, conceptual approach, and case approach. Based on the analysis in this article, it was found first the police nowdasy have an authority to solve the problem with restorative justice secondly that the first approach that pollice need to use in handling hate speech is by mediating in order to realize restorative justice by police agencies in Indonesia.
Reformulating The Concept of State Principles Based on Ideological and Technocratic Strategic as A Sustainable Development Direction Bagus Oktafian Abrianto; Farid Ibrahim; Xavier Nugraha
LAW REFORM Vol 16, No 1 (2020)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (123.392 KB) | DOI: 10.14710/lr.v16i1.30309

Abstract

National development planning model with its long-term time dimension in Indonesia is carried out with the National Long-Term Development Plan (RPJPN) which replaces the Planned Overall National Development (PNSB) and the General Outlines of the Principles of the State (GBHN). Based on the analysis of the data obtained, it can be seen that since 2004 the use of the RPJN has turned out to cause fluctuating dynamics in the existing development outcomes. The occurred changes resulted in inconsistencies in the direction of development when there was a change of state development actors such as President, Governor, Regent/ Mayor, and other state institutions. The reason for this is that there is no permanent structure that can be used as a reference for a long-term development program that will be carried out by the managing state institutions, particularly the government. Based on this, the aim of this study was to create a form of reformulation of the principles of the state. This research was a normative research with a statutory, historical and conceptual approaches. To answer this problem, the idea of the state principles was born which departed from combining the advantages of PNSB, GBHN, and RPJPN which were then packaged into a new state principle system, with ideological principle and technocratic strategy.
Konstruksi Kewenangan Majelis Permusyawaratan Rakyat dalam Memberikan Keterangan pada Perkara Pengujian Undang-Undang di Mahkamah Konstitusi M. Adib Akmal Hamdi; Xavier Nugraha; Gio Arjuna Putra
Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i2.4255

Abstract

In the light of this background, the focus of this article is on 3 (three) issues namely: the MPR's authority to interpret the constitution, the construction of ius constitutum providing statements by the MPR in reviewing laws in the Constitutional Court, and the reconstruction of the ius constituendum model of providing information on requests for review of laws law in the Constitutional Court. This article is a legal research with a reform-oriented research type with statutory, case, and conceptual approaches. Based on this research, several things were found, namely: (1) the People’s Consultative Assembly has the authority to interpret the constitution based on Article 3 paragraph (1) of the 1945 Constitution of the Republic of Indonesia; (2) the construction of the ius constitutum position of the People’s Consultative Assembly in the petition for review of a law at the Constitutional Court is derogated by the exclusion of the MPR as giving explanation in Constitutional Court Law Number 6 Year 2005; (3) at the ius constituendum level, the involvement of the People’s Consultative Assembly in carrying out originalism interpretation of the constitution can be realized through the provision of explanation in a tripartite manner, namely the Government and/or the DPR as legislators and the People’s Consultative Assembly as the framers of the constitution. This article provides recommendations for the need to amend the provisions of the Constitutional Court's procedural law, so as to provide space for substantive participation for the MPR in providing an interpretation of its constitution.