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<![CDATA[DUE TO THE LAW OF PEGADAIAN FIDUCIARY DEBTORS DEFAULT IN INDONESIA ]]>
<![CDATA[Mieke Anggraeni Dewi]]>;
<![CDATA[Mig Irianto Legowo]]>;
<![CDATA[Darmawan Tri Budi Utomo]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.13823
<![CDATA[The existence of a guarantee object is that it still is in the hands of the fiduciary giving debtor in fiduciary guarantees often experience problems, including the fiduciary giving does not carry out its obligations to pay its debts resulting in default. therefore, the purpose of this study is to look at the legal consequences of defaulting on fiduciary debtors at Pegadaian companies and the obstacles faced in a study using a normative juridical approach with descriptive research specificationsThe results of the study show that in KREASI credit that has been registered in accordance with the provisions of the Fiduciary Law where if the debtor is in default, persuasive subpoena efforts will be made, the act of withdrawing the goods in the hands of the debtor until carrying out the execution in accordance with the provisions of Article 15 paragraph (1) of the UUF and the Constitutional Court Decision No. 18/PUU-XVII/2019. Whereas those who are not registered according to the provisions of Article 1155 paragraph 1 of the Civil Code Pawn companies can directly sell collateral objects that are in their control. Obstacles faced by PT Pegadaian if the debtor defaults, namely the debtor does not voluntarily hand over the collateral object, the collateral object has been damaged and no longer functions, and the collateral object is intentionally transferred by the debtor to a third party.]]>
<![CDATA[IMPLEMENTATION OF TAX DISPUTE SETTLEMENT PROCEDURE THROUGH THE TAX COURT IN SEMARANG ]]>
<![CDATA[Widiati Dwi Winarni]]>;
<![CDATA[Mieke Anggraeni Dewi]]>;
<![CDATA[Mochamad Riyanto]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.13827
<![CDATA[Tax disputes often arise between the fiscus (examiner) and the taxpayer concerned, the authors take the main problem of the source that causes tax disputes and the procedure for resolving tax disputes through the tax court. The method used is a normative legal research method, namely legal research conducted by examining library materials or secondary data supported by primary data found in the field.The Result shows that a Tax dispute is a dispute that arises in the field of taxation between a Taxpayer or Tax insurer and an authorized official as a result of the issuance of a decision that can be appealed or a lawsuit to the Tax Court based on tax laws and regulations, including a lawsuit on the implementation of collection based on the Tax Collection Law. with a warrant. There are 4 causes of tax disputes, namely: (1) Related to laws and regulations; (2) Regarding the application of laws and regulations; (3) Regarding systems, procedures and policies; (4) Regarding the quality of inspection/integrity of the Taxpayer. As for the settlement of tax disputes according to Law Number 14 of 2002 concerning the Tax Court through (1) quasi-judicial (quasi-judicial) or doleansi courts, namely the suspect/defendant of the appeal and lawsuit filed by the Taxpayer is the tax authorities (Director General tax), but also as a determiner who has the authority to decide on the settlement of the said tax dispute; (2) Pure trial in the Tax Court through an appeal or lawsuit from the Taxpayer which is settled by the session of the Tax Court panel.]]>
<![CDATA[ANALYSIS OF THE RIGHTS OF SUSPECTS IN PRETRIAL DECISIONS IN MAKASSAR STATE COURT DECISION NUMBER 6/PID.PRA/2020/PN.MKS ]]>
<![CDATA[Rahmat Islami]]>;
<![CDATA[Andi Muh. Sofyan]]>;
<![CDATA[Audyna Mayasari Muin]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.14188
<![CDATA[Makassar District Court Decision Number 8/Pid.Pra/2020/PN.Mks, present to annul Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks. This means that there is a conflict between the two decisions, where the Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks., should have been implemented before the Makassar District Court Decision Number 8/Pid.Pra/2020/PN.Mks. was issued. The above conditions cause the suspect's rights to not be exercised. as if the Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks., is something that doesn't need to be implemented, even though it is a decision that has permanent legal force. This research is a normative research that is descriptive in nature, analyzes the judge's legal considerations in deciding the Pretrial Decision Number 6/Pid.Pra/2020/PN.Mks so that the applicant accepts the request based on juridical considerations, namely the suspect is not on DPO status, and the determination of the applicant as a suspect does not meet the evidence. enough start. Furthermore, the judge's legal considerations in deciding the Pretrial Decision Number 8/Pid.Pra/2020/PN.Mks., so that the applicant's application is accepted is based on juridical considerations, namely the issuance of SP3 by the Makassar Polrestabes which was carried out on a holiday, as well as the issuance of a complete letter of investigation results. by the public prosecutor (P-21).]]>
<![CDATA[CHALLENGES FOR INVESTIGATING ONLINE PROSTITUTION ]]>
<![CDATA[Sri Setiawati]]>;
<![CDATA[Sri Hartati]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.14543
<![CDATA[Cyber crime is a crime with a computer or computer network being a tool, target or place of crime. Included in cyber crimes include online prostitution. The purpose of writing this article is to find out the police's efforts to investigate online prostitution crimes and what are the obstacles and solutions in conducting online prostitution investigations by the police. This paper uses a normative juridical approach in its preparation. the result of the study conducted is that before the police investigators conduct an investigation, an investigation is carried out to find out and confirm the existence of a criminal act of prostitution through social media; after the minutes of the document are completed and declared complete by the public prosecutor, then P21 proceeds. The obstacle faced by the police is the anonymity of the perpetrator. The solution presented is to coordinate with the provider (communication service provider), the social media service provider and, the Bank]]>
<![CDATA[DIVORCE OF CIVIL SERVANTS WITHOUT SUPERIOR PERMISSION IN MASLAHA ANALYSIS ]]>
<![CDATA[Hari Widiyanto]]>;
<![CDATA[Muhajir Muhajir]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.12016
<![CDATA[This study discusses the divorce of Civil Servants without the permission of superiors in the analysis of Maslaha (case study of decision No. 678/pdt.g/2021/PA.Wsb in the Wonosobo Religious Court) which aims to answer the problem of: (1) What is the judge's consideration in deciding a civil servant divorce case without the superior's permission at the Wonosobo Religious Court? and (2) How is the analysis of Maslaha in the determination of case number 678/pdt.g/2021/Pa.Wsb. The method used is a field study. The data sources used are primary data sources, namely sources obtained directly from the Wonosobo religious court. And secondary data sources are sources of data obtained from books, documents related to research. The method used is the interview method by applying the interview. The results of the study concluded that: (1) Judge's considerations in deciding case number: 678/pdt.g/2021/Pa.Wsb. regarding the divorce of civil servants without the superior's permission by the Wonosobo Religious Court, the court granted the plaintiff's claim. Dismissed the divorce of one ba'in sughra of the defendant (defendant) against the plaintiff (plaintiff). Even without a letter of permission from superiors, on a warning from the judge, the applicant has stated that he is ready to bear all the risks that have been made according to the certificate dated April 13, 2021. (2) Analysis of Maslaha in case determination number 678/pdt.g/2021/Pa.Wsb . This is in accordance with legal norms and does not conflict with syara' which is the basis for proceedings at the Wonosobo Religious Court.]]>
<![CDATA[LEGAL ANALYSIS ON DELIBERATE TAX EVASION IN INDONESIA ]]>
<![CDATA[Adeh Dwi Putra]]>;
<![CDATA[Imran Eka Saputra]]>;
<![CDATA[Muhammad Djaelani Prasetya]]>;
<![CDATA[Ali Rahman]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.14497
<![CDATA[This study aims to analyze the crime of deliberately not paying taxes that have been withheld or collected (Tax Evasion) in Indonesia. This study uses normative legal research with a statutory approach (statute approach) and a case approach (statute approach). In this study, legal materials were analyzed qualitatively with steps, namely (1) identifying legal facts and eliminating irrelevant matters; (2) collecting legal and non-legal materials; (3) conducting a review of legal issues; (4) drawing conclusions and providing prescriptions.The results of the study show that First, the general description includes the indictment, demands, witness statements, and expert statements. Second, in the analysis of facts, there are differences between public prosecutors and legal advisors specifically in calculating losses to state revenues, and thirdly, in the juridical analysis, there are differences in the application of legislation where the application of administrative penal law and ultimum remedium is not yet achieved]]>
<![CDATA[LEGAL ANALYSIS ON THE INFLUENCE VICTIMS' ROLE IN CRIMINAL ACTS OF SEXUAL VIOLENCE ]]>
<![CDATA[Wiryawan Batara Kencana]]>;
<![CDATA[Syamsuddin Muchtar]]>;
<![CDATA[Wiwie Heryani]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.14503
<![CDATA[Victims, who also acts as a participant in the occurrence of a crime, essentially have a functional role. This role arises from certain conditions and situations that are basically attached to the victim, so it is necessary to know the type or category of the victim that can influence the occurrence of a crime of sexual violence. The type of research used in this research is normative legal research. The research approach used is a statute approach and a case approach.The result shows that the categorization of victims that can influence the sexual violence crime (TPKS) is victims with passive causes, victims with active causes, and victims who are also perpetrators]]>
<![CDATA[THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN LAW ENFORCEMENT IN ITS ACCEPTANCE OF LAW ENFORCEMENT (Comparison of Law Application in Bantul Police) ]]>
<![CDATA[hartanto hartanto]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Roni Sulistyanto Luhukay]]>;
<![CDATA[Gusti Fadhil Fithrian Luthfan]]>;
<![CDATA[Syafiqurrohman Syafiqurrohman]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.13112
<![CDATA[The application of restorative justice at the investigation level based on the Circular Letter of the Chief of the Indonesian National Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice (Restorative Justice) has been widely SE. 08/2018 concerning the Application of Restorative Justice in the context of accelerating the realization of justice, using a comparative study of criminal cases in the Bantul Regional Police; in this study used normative research methods. The application of the Chief of Police's Circular on Restorative Justice in the case of the crime of theft which is an example/case study in the Bantul Police Region in fact cannot be carried out in general (generalization), this is seen from the factor, namely the losses suffered by the victims. Comparison of cases in BP/…/VIII/2020/RESKRIM and BP/…/III/2020/RESKRIM, both efforts were made to resolve restorative justice but some were completed and some were continued, because essentially a case (case) is not necessarily the same exactly. There is also a disparity in the application of restorative justice based on S.E. National Police Chief with Supreme Court Regulation 2 of 2012.]]>
<![CDATA[CONSUMER PERSONAL DATA LEGAL PROTECTION ON ILLEGAL FINTECH LOANS ]]>
<![CDATA[tifany puspa ardianti]]>;
<![CDATA[Rani Apriani]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.13688
<![CDATA[Currently, there are many online loans that make it easy for people to access credit. In addition to providing convenience, online loans can also harm the public by disseminating personal data. The protection of the rights of online loan service users is considered not optimal. This study aims to find out about the misuse of technology, especially in financial technology. The research method used is a normative juridical approach, the research phase is a literature study, data collection techniques through document studies and normative qualitative data analysis. The results of the study show that consumer protection and consumer personal data protection are indispensable. In this regard, it is important to review the legal protection of borrowers' personal data in online loan application services and sanctions for violations of personal data. The state has provided consumer protection as regulated in Law Number 21 of 2011 concerning Consumer Protection and Financial Services Authority Regulation Number 6/POJK.07/2022 concerning Consumer and Community Protection in the Financial Services Sector.]]>
<![CDATA[LEGAL ANALYSIS OF PARTNERSHIP AGREEMENTS BETWEEN OJEK COMPANIES ONLINE WITH MOTORCYCLE TAXI DRIVER ONLINE ]]>
<![CDATA[Nandito Kelvianto Wibowo]]>;
<![CDATA[Arikha Saputra]]>
<![CDATA[ Jurnal Meta-Yuridis Vol 6, No 1 (2023) ]]>
Publisher : <![CDATA[fakultas hukum universitas PGRI Semarang ]]>
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DOI: 10.26877/m-y.v6i1.14638
<![CDATA[online motorcycle taxi is one of the businesses created from technological developments. Online motorcycle taxis themselves use a partnership agreement as an agreement between online motorcycle taxi companies and online motorcycle taxi drivers. In the partnership agreement between the MAXIM online motorcycle taxi company and MAXIM online motorcycle taxi drivers, the agreement made is a standard agreement which does not give the driver any other choice, which is in conflict with the terms of the agreement. Therefore, this study aims to look at the course of the partnership between the MAXIM online motorcycle taxi company and MAXIM online motorcycle taxi drivers and the legal protection provided in the MAXIM partnership agreement using normative juridical research methods with descriptive analytical specifications.The results of the research on the partnership agreement between online motorcycle taxi companies and online motorcycle taxi drivers are that MAXIM as the service provider company has previously made a partnership agreement and the agreement is a standard agreement where drivers cannot do anything in the contents of the agreement, in other words, they can only accept if want to be part of the MAXIM online motorcycle taxi driver partner where this is not in accordance with the terms of the legal agreement. The legal protection that MAXIM online motorcycle taxi drivers get is preventive legal protection and repressive legal protection. preventive legal protection is legal protection provided by the Indonesian government, while repressive legal protection is protection provided by MAXIM]]>
