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INDONESIA
The 2nd Proceeding Indonesia Clean of Corruption in 2020"
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
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Articles 97 Documents
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AFFIRM ROLE OF EXISTENCE RECHTSVERWERKING TO ACHIEVING LEGAL CERTAINTY IN LAND REGISTRATION Rofiq laksamana; Setiono Setiono; I Gusti Ayu Ketut Rachmi Handayani; Oloan Sitorus
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The purpose of this research was to exemine the principle of rechtsverwerking  were formulated in the national land law, primarily  on the Government Regulation concerning land registration and it aplication on the Court’s desicition.Rechtsvewerking is a principle in adat law which states that owner ofa parcel of land that leaves his land abandoned in certain period of time and lets otherpeople to occupy andtake advantage will cause the original owner to lose his right ofthe land, is established to overcome the weakness of the land registration system.  This study uses normative legal research methods, with  statute approach, and consepual approach. Legal materials were analyzed by syllogism of induction, deduction and interpretation.  The results showthe principle of rechtsverwerkingis embodied in the regulation of land registraion called GR No. 24 of 1997. The Regulation provide that the issuance of a certificate for an applicant who has mastered the ground in a certain period of time has been acquired in good faith and registered in his name, then others who feel have an interest, then by law only given the opportunity during the time period of five years.However in law enforcement inside the court this principle tends to be deserted therefore creates an certainty in law and unfairness to people who have occupied a land in a longperiod oftime.
JURIDICAL ANALYSIS OF THE ALLEGED CRIMINAL OFFENSE TO MANUFACTURE A NOTARY DEED Subiyanto Subiyanto; Gunarto Gunarto; Jawade Hafidz
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Occurred facts civil law that is the buying and selling transaction with the object of property rights of the land, it resulting the appearance of absolute ownership transition. The Constitution No. 5 of 1960, the main points of Agrarian Article 20 (2), the property rights can be switch and to be redirected to another part1. That agreement of buy and sellhave been bornin seconds the reached of “agreed” regarding goods and prices2. Because it happened switch over of rights that is the absolute property rights according to the Civil Law its happened a legal relationship. So that buy and sell legitimately according to the Civil Law it can be poured into the authentic deed that made in front of the Notary public that is the deed of “the keel agreement treaty of buying and selling with the authority”. Buying and selling of the land rights be poured into the authentic deeds that made in front of the Notary public on his authority  according to the constitution, and the Notary is not a part, at the instance of the parts to poured into the authentic deed and further more it’s the lifelong responsibility notary and the notary have the principle of formal correctness so it does not have responsibility to the contents of the deed, but then is in dispute against the bad tagged, The deed has been made Notary made basic a legal disputes in volving notary that made, anytime notary can be assign as a suspect/be detained which had no connection with the contents of the deed.
FAIR SETTLEMENT RECONSTRUCTION OF PROBLEMATIC CREDIT DISPUTE AT BANK RAKYAT INDONESIA (STUDY CASE AT MEDANSINGAMANGARAJA BRI BRANCH OFFICE) Bachtiar Simatupang; Jelly Leviza
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The role of banking in the economy as the intermediary institution will strengthen the economic structure of a country. Loans extended by the bank to borrowers have risks to be stuck credit such as experienced by banking institutions including Medan Singamangaraja BRI Branch Office. Therefore, the problems in this study are about causes of stuck credit, efforts of the bank business in the implementation of dispute resolution over stuck and problematic credits and the ways of reconstruction of problematic credit dispute at Medan Singamangaraja BRI Branch Office. This research is descriptive empirical jurisdiction, and the research results show that the causes of stuck credit at Medan Singamangaraja BRI Branch Office are due to internal factors (weakness in credit analysis and credit documents, as well as carelessness of bank officer), and external factors (economic and political situation, in the country, and Legal Policy of the Government). Efforts of Medan Singamangaraja BRI Branch Office to anticipate stuck credit are preventively applying the precautionary principle (Prudential Principle) in credit distribution procedures, and repressively through Restructuring, sale of security object of credit under hand, and if the efforts do not yield results, then lines to resolution at courts are chosen, through the State Receivables Affairs Committee. From the results of fair dispute resolution of stuck credit, the reconstructions are as follows: 1. Article 2 of Law No. 7 of 1992 states: "Bank Indonesia in running the banking business is based on economic democracy using the precautionary principle; providing criminal and administrative sanctions to employees who violate the principles of prudence, resulting in stuck credit and causing losses for banks/state 2. To achieve equitable settlement credit dispute, then in the letter of credit agreement a firm clause must be included, that: "In the event of disagreement or dispute settlement of stuck credit occurring between the bank / creditor and the debtor, the parties concerned will choose the best dispute resolution for them through banking mediation, and if they fail, they will take the path of litigation or referral to the State Receivables Affairs Committee " Keywords: Bank, Stuck Credit, Justice Value
RECONSTRUCTION OF PARATE EXECUTION MORTGAGE RIGHTS TO LAND BASED ON THE VALUE OF JUSTICE Zaenal Arifin; Anis Mashdurohatun
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Credit risk in the context of financial institutions is a common occurrence but it has a negative impact if not insurmountable be influential on the soundness of the financial institution. Nevertheless, this risk can be managed and controlled, by way of precaution in terms of lending.1 Therefore, in the granting of credit, the bank must pay attention to the principles of lending right,2 which one of them is through the appraisal (coleteral) in the form of collateral that can be used as protection for creditors (financial institutions) in the event of default or breach of contract. Use of the mortgage institutions by financial institutions as collateral for the credit of the debtor for repayment of debt, considered more a sense of security in terms of lending, compared with provisions on the guarantee in the Civil Code in Article 1131. The weakness in terms of guarantees contained in the provisions of Article 1131 of the Civil Code is very different from the conception of the imposition of bail in the mortgage rights Act which guarantees the imposition of security rights institutions specifically tied and mutually exclusive because it applies only to one creditor only. This legal consequences on the situation in which if the debtor in default, mortgage holders creditors are entitled to sell the object as collateral through public auction in accordance with the provisions of the legislation in question with the right to precede rather than other creditors. Based the provisions of Article 6 of Law No. 4 of 1996 On Mortgage of Land And Objects Relating to Land (hereinafter referred to as UUHT). Takeover of collateral can be done by holders of mortgage without the need to seek prior authorization to the giver mortgag, and do not need to also ask for the establishment of a local court, if want to execute on mortgage as collateral the debt of the debtor in the case of debtor default.3 Mortgage holders may request to the  Head of Auction Office to the auction on the objects mortgage concerned,4 so this is a new step where before the execution of the deed grosse mortgages can only be done through the execution of the District Court.5 Execution of mortgage, this concept is known in the Code of Civil Code (hereinafter referred to as the Civil Code) is known as parate execution as referred to in Article 1178 of the Civil Code. Based these provisions, the takeover of the collateral in the form of a guarantee can be done by holders of mortgage (creditor) without the need for prior approval to the mortgage providers, when will be the execution of the mortgage which is a guarantee of debt of the debtor in which case the debtor is in default, this concept is known as parate execution which means that people refer to it as the execution is always ready at hand or parate execution.6 In practical implementation, execution parate implementation on the mortgage rights are not clear and even tend to stray far from the principles and doctrines parate execution. This is one of them can be seen in Article 14 paragraph (2) and (3) UUHT, where execution can be carried out on the certificate of mortgages in which includes irahirah with the words : “FOR THE SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GOD”. Thus, the aforementioned phrase (irah-irah), indicates that the execution of the security object on the ground bound with mortgage understood as execution as grosse acte hypotheek. Other than that, on a general explanation Point 9 of the Act Mortgage stated that the concept of parate execution mortgage referred to in Article 14 paragraph (3) of the law still refers to Article 224 Herziene Indonesisch Reglement (hereinafter abbreviated as HIR). HIR provisions of Article 224 states that : The original letter from the letter of the mortgage and debt securities strengthened in front of a notary in Indonesia and whose head wear the words “On behalf of the Law”, equal magnitude with the judge’s decision, if the letter that should not be kept by peaceful means, then subject it to run held by the command and leadership from chairman of the district court which is in the jurisdiction the person who owes it silent or stay or choose a place of residence in the manner stated in the articles above in this section, but with the understanding that force the body can only be done, if it is allowed by the judge’s decision. If carrying out that decision to be executed at all or in part outside the area of the law courts the chairman ordered to run it, then the rules in Article 195 second paragraph and the next one followed. This condition caused multiple interpretations are not contradictory between Article 6 jo. Article 20 Paragraph (1) Clause (a) of the Act Mortgage, Article 14 paragraph (3) and Point 9 General Explanation Mortgage Act. This condition eventually making the principles of simplicity and legal certainty parate execution of mortgage not be achieved because eventually the creditor, in this case the holders of mortgage, can not run execution of mortgage easily, in accordance with the ideals of the establishment of the Act Mortgage as stated in the General Explanation of Mortgage Rights Act.
SPECIAL PROTECTION OF CHILDREN IN CRIMINAL JUSTICE SYSTEM Achmad Sulchan
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Children in action to behave and act unlawful could harm himself or society. Law No. 11 Year 2012 on Child Criminal Justice System is designed to protect and nurture children in order to meet a better future, because children must be nurtured in order to obtain their identity to prepare the human being independent and responsible. Thus the very comprehensive in placing the child's position in law, so that the entire law enforcement authorities are involved to participate and solve the problem child, be it the police in conducting investigations and inquiries as well as the Public Prosecutor to prosecute and judge in checking on the court is required to understand the problem of child by following a court education of children, as did the Advocate also demanded to know the problem of child. The case of a child who commits an offense or as victims or witnesses are entitled to all the protections and have exclusive rights to the best interests of the child in the process of condemnation as a last resort. Pursued by way of Diversion and Restorative Justice through, in order to give justice to the victims and the two sides to be able to forgive each other and there was no grudge between them, with the provision of compensation is the emphasis back to its original state and not retaliation. All parties related to the crime of child sit together to resolve the issue amicably and to think about how to overcome the consequences in the future, so will each get justice in accordance justice contained in the precepts and to 2 to 5 of Pancasila is justice with dignity that is humanizing. In the case of criminal case a child should do more in the conference and had the child shouldbe detained, then within 25 days of indictment Public Prosecutor has been delegated to the Juvenile Court and placed in detention Children Special Construction Agency (LPKA). In the course of the trial judges, prosecutors and lawyers are not allowed to wear a toga, but ordinary clothes, while children must be accompanied by parent / guardian and Professional Social Workers. Keywords : Special Protection, Child, crime.
DISPARITIES DECISION RELATED TO INTERPRETATION OF ARTICLE 2 AND 3 CORRUPTION ERADICATION ACT Agung Widodo
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The discovery of the law by the judge in the court judgment is important. However, if these findings are based on a mistaken interpretation of the law, then such a step can not be regarded as legal discovery and it will have implications for the emergence of public disappointment. The results of analysis of 13 court verdict shows disparities legal interpretation both horizontally and vertically on Articles 2 and 3 of Law on Corruption Eradication. Among the legal interpretation of the most prominent of which are used judges is an interpretation of a restrictive, so that the element of "everyone" in Article 2 is interpreted as people who are not civil servants or state officials, while the element "any person" in Article 3 is interpreted as civil servants or state officials , The interpretation does not make sense because the resulting civil servants or state officials can not be charged under Article 2 (tort) and can only be charged under Section 3 (abuse of authority). Article 3 The minimum penalty is much lighter than a minimum sentence of Article 2, so that decisions are based on a restrictive interpretation of the implications for the injustice and legal uncertainty. In addition, in a systematic interpretation haldemikian contrary to criminal law umbrella because according to Article 52 of the Criminal Code, a threat to a crime in office plus one third. Keywords: discovery of law, corruption, abuse of authority.
SOCIAL WORKING PENALTY AS SOLUTION IN ERADICATING CORRUPTION IN INDONESIA Desy Maryani
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Corruption in Indonesia had caused big destruction for existence of a state. Not only cause state finance detriment but also corruption has taken social and economical right of people in common. This kind of crime is very difficult to be eradicated because sometimes it is done systematically and involve authorized people. We can feel how big and extraordinary of corruption impact. It is worthy if corruption is categorized as extraordinary crime that must be eradicated extraordinarily in which one of those is by social working. Problem identification of this problem are 1) how is social working model for corruptor? and 2) how social work penalty as a way in eradicating corruption in Indonesia? Method of approach used in this research is juridical normative approach with secondary data as its source. Based on analysis, it can be concluded that it is necessary to implement heavy punishment for corruptor by social working because it can create a deterrence effect. Social working penalty also can be a solution is corruption eradication in Indonesia. Social working penalty is do a good deed to people and create social working. Key words : social working penalty, eradication, corruption
STUDYING THE WISDOM OF ZAKAT Moch. Gatot Koco; Basuki R Suratno
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Zakat is the fifth pillar of Islam that must be done by every Muslim who is able to issue it, both zakat private (zakat fitrah) and zakat karta wealth (zakat maal), to be accepted to the person entitled to receive it (mustahiqquz zakat) consisting of 8 (Eight) class (asnafus samaniyah) the recipient of zakat, because with zakat will be obtained the wisdom of mandatory orders as a social concern among fellow Muslims muslimin muslimat. In this paper discusses and examines the wisdom of zakat. It is known that Zakat in language is sacred or fertile. Medium in term or syara 'zakat is to remove some of the goods on the order of Allah as a sadaqah obligatory to those who have been determined by Islamic law. Zakat there are 2 (two) kinds of zakat mal and zakat fitrah. Zakat mal includes: gold, silver, money, commercial property, livestock, fruits and grains, minerals and alian goods. The recipients of zakat are: the needy, the poor, the muallaf, the servant of sahaya, the man who has the debt, sabilillah, and the traveler. While the wisdom of zakat is: educating oneself to make sacrifices for the sake of others, a sense of equality with others, understand that he is not living alone, there is togetherness, eliminating the gap between each other and social attitudes high.
RECONSTRUCTION OF CRIMINAL SANCTIONS PENAL CODE ACTORS ON ABORTION CRIME BASED ON THE VALUE OF JUSTICE Hanuring Ayu Ardhani Putri; Teguh Prasetyo; Sri Endah Wahyuningsih
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Life is a gift given by God Almighty that must be respected by everyone. Life is given to every human being is a human rights that can only be revoked by the Giver of life. The right to life is one of the human rights that are set out in the Constitution of the State, as described in Article 28 (a) of the Constitution of the Republic of Indonesia in 1945 which states that "Everyone has the right to live and to defend life and living". With the right to life of the country will preserve and protect the right to life of every citizen so that the state through the state law enforcement tool will act if there is known to occur and the removal of the right to human life. Abortion (abortion) is always a conversation, either in forumresmi and unofficial concerning the fields of medicine, law and other disciplines. Abortion is not a new issue, abortion is an old problem that is always controversy. One of the controversies about abortion are the priority discourse of human rights as an excuse or reason for the pro-abortion cons of abortion. Lately case of abortion the fruit simalakama in Indonesia. On the other hand nonmedical abortion with reason is strictly prohibited in Indonesia but on the other side of illegal abortions increase the risk of death due to lack of medical facilities and infrastructure, even illegal abortions mostly done by traditional means which increase the risk of death. In Indonesia alone, although abortion is prohibited, but still many women who have abortions. Well done based on specific medical indication or performed by non-medical indications. Experts religion sees that whatever the reason, abortion is an act contrary to the religion, because it is taking the life of the fetus, which means murder, though no one argues that the life of the fetus did not exist before 90 days. Based on consideration of moral and social side, it's hard to let a mother who must care for unwanted pregnancies mainly as a result of rape, the result of commercial sex (with commercial sex workers) and women who know that the fetus has severe physical disabilities. Children born in the conditions and environment such that, in the future will most likely be knocked out of the social life is normal, lack of protection and affection that should be obtained by a child who had grown up in an environment that is fair, so it was likely the child will an outcast. On the other hand, in terms of religion, any religion would not allow men to commit acts termination of pregnancy for any reason, while in terms of the law, there are still debates and contradictions of the pros and cons about the perception or understanding of the laws that exist to date. Today many women became pregnant and had an abortion as a sign of moral degradation. Unwanted pregnancy is not a reason to kill the fetus. The fetus is a creature of Allah SWT. Why should be killed? What is wrong is not a rapist penzinanya or her fetus. The fetus also has the right to life. Legalize abortion is not the solution to reduce the number of maternal deaths. The amount will actually increase because there is the possibility of fetal owner claimed to be raped in order to be aborted. In consideration of hunger, abortion is permitted with some conditions. First, the fetus was detected suffering from a genetic defect that is born later is difficult to cure. Then, pregnancy due to rape were determined by a team competent in it, among others, the victim, a team of doctors and scholars. Terms of abortion due to rape, the age of the fetus can not be longer than 40 days. Criminal punishment against criminal abortion should be through the criminal justice procedure as formal criminal law or the law of criminal procedure. Criminal procedure law that can be formulated as a law establishing how the state uses its right to carry out criminal. Also commonly referred to as Concreto In criminal law, since it contains the rules of how the criminal law or criminal law materiel In Abstracto poured in reality. As known, the setting is a criminal offense in the Criminal Code a criminal abortion contained in the Penal Code Book II Chapter XIV On Crimes Against Life, in Article 299, Article 346, Article 347, Article 348, Article 349. To simplify and ease in this study, the focus directed primarily to the criminal sanctions to abortion.
SUE FOR THE STATE ADMINISTRATION OF JUSTICE IN INDONESIA Sarjiyati Sarjiyati
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In the welfare state, the duty of the Government is not limited to the implementation of law, but also it is burdened by the obligation to hold public interest. The Government, in executing the duty, has an active role to interfere in people's lives because it sometimes arises a clash among them. Realizing the government's active role in intervening in public life, the government is preparing for the steps to cope with the emergence of misunderstanding / disputes in the state administration between the government and its citizens by forming the State Administration of Justice (PTUN)). With this justice, it is expected that the officials can carry out their duties properly so as to realize good governance, and able to protect the public interest. However, the State Administration of Justice can be said not tosuccessfully perform their functions, as there are still many obstacles faced by justice seekers in the field of state administration. Some of the obstacles to be faced among others are : in terms of setting it in the legislation, related to the deadline for filing a lawsuit, the disputed object, the subject matter is placed as a defendant. In the case of State Administration of Justice locations, which are still minimal in number, the execution of it is still difficult to be implemented because there is no special executorial institution or institutions in implementing the State Administration of Justice ruling sanctions, lack of awareness of the state administrative officials to obey the State Administration of Justice’s decision, and the absence of more detailed provisions about the sanctions if the decision is not implemented. Keywords : Disputes, State Administration of Justice, Indonesia, obstacles.

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