Arpangi Arpangi, Arpangi
Faculty Of Law UNISSULA

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The Legal Politics of the Government to Provide Legal Certainty Related to the Practice of Pawning on A Paid Rent Based on Justice Value Arpangi Arpangi
Jurnal Akta Vol 9, No 1 (2022): March 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i1.21161

Abstract

Pawning has become a trend in society because the procedures and requirements are easy, simple, and uncomplicated so that people immediately get money. So it is not uncommon for people to guarantee their goods in pawning activities. Based on the formulation of Article 1150 of the Civil Code, it can be seen that pawning is a material security right on certain movable objects belonging to the debtor or another person on behalf of the debtor to serve as collateral for the settlement of certain debts, which gives priority rights (preference) to the holder of the lien over other creditors. , after prioritizing the costs for the auction and the cost of rescuing the pawned goods taken from the sale proceeds through a public auction of the pawned goods. As material rights, liens continue to follow the object or goods pledged in the hands of whoever holds it (droit de suite). Likewise, it contains a right to sue because the recipient of the pledge has the right to claim the lost goods back. This provision is as contained in Article 1152 Paragraph (3) of the Civil Code. Article 1152 paragraph (4) of the Civil Code stipulates that if later it turns out that the pawnbroker does not actually have the right to alienate the goods, for example, he is only the tenant or the borrower of the goods, then the lien rights of the pledge holder cannot be cancelled.
EXISTENCE OF NOTARY AUTHORIZATION DUE TO MAKING AUTHORIZED LOADING RIGHTS REVIEWED FROM LAW NUMBER 2 OF 2014 ABOUT NOTARY POSITION Arpangi Arpangi; Satria Ardi Yana
Jurnal Akta Vol 7, No 1 (2020): March 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i1.9185

Abstract

In its development in terms of making the Deed of Granting Mortgage or APHT the debtor can not be present which is then represented by his representative, the consequences of the debtor's representative then the APHT must be made with SKMHT or Power of Attorney Imposing Mortgage Rights. The SKMHT is made by a notary public. But in its development based on Article 96 PMNA / Per.Kaban No. 3 of 1997 as amended by Regulation No. 8 of 2012 requires that the deed is made in accordance with the form or form made by the BPN or the Land Agency, even though it is clear that it has contradicted the provisions related to the deed according to Article 15 paragraph (1) of Law Number 2 of 2014 is not quite right, this is because The notary is authorized to make an authentic deed, not to make a letter, or fill in blanks, such as SKMHT where the manuscript is made by BPN. So it is clear that the current SKMHT has contradicted the provisions referred to in Article 15 paragraph (1) of Law Number 2 of 2014. The type of research in this writing is sociological juridical. The data collection techniques in scientific research is to use literature study techniques and direct interview studies with informants in collecting and compiling the data needed. This research is a descriptive qualitative analytical research which is a study with data analysis techniques in the form of describing, analyzing, explaining, and analyzing a legal problem that occurs.Keywords: Authentic Deed, Existence, Notary, Power of Attorney, Letter of Mortgage Right
LEGAL PROTECTION ON INDONESIAN LABOR IN ABROAD Arpangi Arpangi
International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i1.2977

Abstract

The number of cases of migrant workers abroad need to establish protection which is able to overcome the problems or issues that have so far linked with the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. As stipulated in the Act no. 39 2004 Article 6 that the government is responsible for enhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers without pressure from other parties. In order to protect workers, it is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers, it is not only the duty of the minister of labor alone, but also the duty of the foreign minister. This is in accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations, which is representative of the Republic of Indonesia is obliged to provide care, protection and legal aid to citizens and legal entities abroad Indonesia in accordance with national legislation and international law and practice.
POLITICAL REFORM OF LABOR PROTECTION LAW IN THE GLOBALIZATION ERA Arpangi Arpangi
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.9246

Abstract

In its development, economic globalization has created an affiliation between the local economy and the international economy. It resulted in an extraordinary blow to the economic system in third world countries that were trying to become developed countries. It can be seen in the issue of protecting workers' welfare, which is not fair. So, this article intends to discuss related to the protection of workers' welfare in the era of globalization and the weaknesses that affect the protection of labor rights in the era of globalization, which can't realize justice for workers. The article is expected to be able to stimulate each party to re-discuss the issue of protecting labor welfare in the current era of globalization in Indonesia. The results of research produced are The factors that influence injustice in protecting workers' welfare in Indonesia are Legal rule factors, Influence Factors of Globalization can also be concluded that the failure of labor law politics in Indonesia will have an impact on the increasing poverty rate in Indonesia due to increasing unemployment in Indonesia as one of the effects of the flood of foreign workers in Indonesia with the number of employment that is running low.
Juridical Review of the Formulation of Criminal Sanctions Against Narcotics Crime Actors Based on Positive Criminal Law Sandika Dwi Nugroho; Arpangi Arpangi
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19343

Abstract

The purpose of this study is to describe, examine, and analyze the formulation of criminal sanctions against narcotics criminals based on positive criminal law and the weaknesses of the formulation of criminal sanctions against narcotics criminals based on positive criminal law and policies for formulating criminal sanctions against narcotics criminals in reform future criminal law. This study uses a normative juridical approach. The results of the study state that (1) The formulation of criminal sanctions against narcotics criminals in Law Number 35 of 2009 is regulated in Article 111 - Article 148, with the provisions: (a) sanctions in the form of crime and action; (b) criminal sanctions in the form of capital punishment, imprisonment, confinement, and fines as well as additional penalties in the form of: revocation of certain rights against corporations; (c) action sanctions in the form of medical and social rehabilitation as well as expulsion and prohibition from entering Indonesia for foreigners; (d) the number/length of criminal sanctions varies; (e) criminal sanctions are formulated in single, alternative, cumulative and combination forms; (f) there is a specific minimum criminal penalty; (g) the weighting of the crime; (g) trial and conspiracy shall be punished with the same crime as committing a crime; and (h) a fine that cannot be paid, is sentenced to a maximum imprisonment of 2 years. (2) the weaknesses of the policy on the formulation of criminal sanctions in Law Number 35 of 2009 are: (a) criminal sanctions are formulated in a cumutative manner, there are no rules for corporations that do not pay fines and the types of sanctions are not specific; (b) a minimum criminal threat specifically deviating from the Criminal Code system,
Development Of The Criminal Justice System: Initiating LPSK As A Criminal Justice Subsystem In Indonesia I Putu Angga Feriyana; Anis Mashdurohatun; Arpangi Arpangi
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
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.v3i1.8386

Abstract

The development of the Criminal Justice System has led to efforts to initiate LPSK as a Criminal Justice Subsystem. The aim is to provide maximum protection to witnesses and victims of crime. The research method used is normative juridical with statutory approach, and descriptive analytical specifications. The results of the study concluded that the victimology study was a challenge for the Criminal Justice System, which had so far not paid attention to the interests of victims. Efforts to initiate LPSK as an Integrated Criminal Justice Subsystem in Indonesia are based on the importance of the institution's position in providing protection and services to victims of crime, so there is good coordination and cooperation between LPSK and other law enforcement institutions.Keywords: Development; Criminal Justice System; Initiating; LPSK.
Law Enforcement against Entrepreneurs who Conduct Criminal Acts to Pay Wages Under the Minimum Wage Sekar Tresna Raras Tywi; Ira Alia Maerani; Arpangi Arpangi
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
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.v4i1.13882

Abstract

This study aims to determine how law enforcement is carried out by labor inspectors against employers who pay wages lower than the minimum wage. The method used in this paper is sociological juridical. The conclusion of this paper is that law enforcement on the payment of wages below the minimum wage is carried out gradually through preventive educational efforts, repressive nonyustisia to repressive yustisia. It is hoped that through this process the employer can pay the lowest wage according to the minimum wage so that punishment is the last alternative (ultimum remedium).
Settlement Policy of Criminal Actions which Performed by Children through Penal Mediation Feri Satria Wicaksana Effendy; Arpangi Arpangi
Jurnal Daulat Hukum Vol 4, No 2 (2021): June 2021
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.v4i2.15744

Abstract

One form of progressive law in the Juvenile Criminal Justice System is the existence of penal mediation. The benchmark for the positive implications of penal mediation as a force is expected to encourage efforts to alleviate various issues that have been identified. Thus, the conditions for implementing penal mediation as the embodiment of Pancasila values in order to support the rule of law in the context of national development are expected to be truly realized. The problem in this research is how is the technical implementation of penal mediation in Indonesia? and How is the Penal Mediation Process at the stage of Investigation, Prosecution and Examination in Court Sessions. The method used in this study is normative juridical, which relates to the policy of resolving crimes committed by children through penal mediation. Penal mediation in the Juvenile Criminal Justice System Act is called Diversion. In accordance with Article 7 paragraph (1) of Act No. 11 of 2012 concerning the Juvenile Justice System, at the level of investigation, prosecution and examination of children's cases in district courts, diversion must be sought, based on a Restorative justice approach.
SISTEM PEMIDANAAN EDUKATIF TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA Arpangi Arpangi; Amin Wastoni
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1432

Abstract

Criminal system that applies to an offense committed by children today are based solely on the nature of pemidanaannya alone. The granting of the criminal system in education is a solution in changing a child’s behavior for the better.The research method used in this study using normative. The results mentioned: 1) The system of sentencing educational for children as a criminal has been regulated in Law Number 3 of 1997, primarily related to the sanctions imposed against the child pursuant to Article 24 paragraph (1), namely to restore to parents, guardians, or foster parents; handed over to the state for education, training and job training; or submit to the Department of Social, Community or social organization engaged in education, training, and job training. Efforts to include children in prisons or detention is a last effort. 2) Barriers to implementation of the criminal system educative for children Indonesian judges in the criminal punishment for children in conflict with the law refers only to the laws that are applied rigidly regardless of background, interests of the child, and the psychological impact on the verdict and without prioritizing justice for children.
PELINDUNGAN HUKUM TERHADAP TENAGA KERJA INDONESIA DI LUAR NEGERI Arpangi Arpangi
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1354

Abstract

The number of cases of migrant workers abroad, the need for a protection which is able to overcome the problems or issues that have so far linked dengaan the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. So here is required mutual coordination among the relevant agencies ranging from the local government, the department of labor and Transmigration Decree, the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), Ministry of Foreign Affairs in order to avoid overlapping of authority and mutual tug of power between institutions. The employment of various problems due to labor issues received less attention, especially for developing countries that send their employees abroad or from the country of employment. Lack of attention, lack of protection, not only because of the attention from labor-sending countries out of the country focused on the problems within the country itself, but also due to the problems of violations in the workplace are more likely sealed from public access as well as the dilemma of the workers themselves to fight for their rights. The formulation of the problem to be addressed is how the Indonesian government’s role in protecting Indonesian workers abroad? As stipulated in the Act ano. 39 2004 Article 6 that the government is responsible forenhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers is without pressure from other parties. In order to protectworkers is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers isnot only the duty of the minister of labor alone, but also the duty of the foreign minister. This isin accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations,which is representative of the Republic of Indonesia is obliged to provide care, protection andlegal aid to citizens and legal entities abroad Indonesia in accordance with national legislationand international law and practice.