PRANATA HUKUM

THE EXISTENCE OF THE JUDICIAL COMMISSION IN SUPERVISING JUDGES IN INDONESIA

Rommy Patra — 2024-01-31

The Judicial Commission (KY) has the authority to propose the appointment of Supreme Court justices and has other powers in order to maintain and uphold the honor, dignity, and behavior of judges. Although the Judicial Commission as an institution that is directly regulated by the 1945 Constitution, in carrying out its duties and functions it still raises a number of institutional problems related to its position, institutional relationship with the Supreme Court (MA), and implications that arise after the decision of the Constitutional Court (MK). As for the problems in this paper: First, what are the factors that hinder the Judicial Commission in carrying out its duties and functions in supervising judges? Second, what efforts should be made to strengthen the effectiveness of the Judicial Commission in supervising judges? The research method used is normative juridical. The results in this paper are: First, the obstacles for the Judicial Commission in carrying out its duties and functions: (1) efforts to weaken the Judicial Commission's authority through judicial review of the Constitutional Court's decisions; (2) the lack of clarity regarding the position as an independent institution and the institutional relationship with the Supreme Court; (3) institutional accountability issues. Second, efforts must be made to strengthen the effectiveness of the Judicial Commission's institutions: (1) the application of "shared responsibility" between the Judicial Commission and the Supreme Court includes: promotions, transfers, professional assessment and supervision of judges; (2) strengthening the authority of KY in the recruitment of judges; (3). to streamline the supervision of judges in the regions by optimizing the performance of the liaison KY

LAND RIGHTS DISPUTE RESOLUTION PROCESS THROUGH MEDIATION AT PADANGSIDIMPUAN CITY LAND OFFICE

Marwan Busyro — 2024-01-31

This research aims to find out how the process of resolving land rights disputes through mediation is and what the obstacles to the process of resolving land rights disputes through mediation at the Land Office of Padangsidimpuan. This research uses an empirical juridical research method; that not only focuses on the positivity of legal aspects butis also concerned with its application or practice in the real field, in this case, the approach is used to qualitatively analyze the resolution of land rights disputes through mediation at the Land Office of Padangsidimpuan. Based on the results of the research and discussion, it was concluded that the procedures for resolving disputes carried out by the Land Office include stages (1) pre-mediation, and (2) mediation. In resolving land rights disputes at the Padangsidimpuan Land Office, there are several obstacles, namely (1) there are obstacles from the disputing parties, such as the absence of the parties to fulfill the invitation to mediate (2) there is no good faith from each party. (3) differences in ability and education between the parties (4) rules that are considered to slow down the dispute resolution process (5) complainants often do not know the requirements and procedures for dispute resolution at the Land Office of Padangsidimpuan.

LEGAL VACUUM REGARDING LICENSING REGULATIONS FOR CONSTRUCTING FLATS IN THE REGIONS

Chandra Maharani — 2024-01-31

Article 33 of the Law No. _ 20 of 2011 concerning Flats Flats regulates applications for permits for function and utilization plans as well as applications for permits to change function and utilization plansin the construction of flatsto be further regulated by Regional Regulations. However, there are still many regions that have not yet established such regulations, so this has implications for the community, both as consumers and those affected by the construction of flats. The problems in this paper: (1) What are the implications of the existence of a legal vacuum ( recht v acum) regarding the licensing arrangements for the construction of flats in the regions ? ( 2) What is the ideal regulatory concept regarding the existence of flats at the regional level ? This paper uses normative legal research. Research results: There is no further regulation in regional regulations in a number of regions as stipulated in Article 33 of the Condominium Law regarding applicationsfor permitsfor function and utilization plans as well as applicationsfor permits to change function and utilization plans in the construction of condominiums , resulting in a legal vacuum in the regions which has implications there is not optimal legal protection for local communities as consumers when purchasing flats and for local communities who are affected by the environmental impact due to the construction of these flats. Apart from that, itshowsthat the licensing mechanism in the administrative order of a region is unclear regarding the arrangement and regulation of flats . Hence the formation It is urgent that the regional regulations regarding flats be implemented to provide legal certainty to the public both as consumers and those affected by the construction of flats and to clarify the licensing mechanism for the construction of flats in the regions.

LEGAL CERTAINTY OF LAND CERTIFICATE VERIFICATION ONLINE

Sri Widyawati — 2024-01-31

The agricultural services organized by the Ministry of ATR/BPN have entered the era of digitization of agriculture, including the inspection of certificates of land rights. However, there is still an inconsistency of the results of the online checks with the data stored in the Farm Office or the data may change. This article discusses on-line verification of land rights certificates and the role of PPAT and Notaries in supporting online verification in providing legal certainty and legal protection for the parties. The method used in this research is the descriptive method of analysis with a normative jurisprudential approach through a statue approach, a conceptual approach, and a case approach. (case approach). The results of the study show the importance of carrying out the verification of certificates not only as a fulfilment of formalities, but also as an application of the precautionary principle both for the parties as well as for the PPAT and notaries making the act. Online certificate verification can potentially provide better legal certainty and legal protection than manual certificate inspection depending on the available technology infrastructure, applicable regulations, the security of the systems implemented and the role of PPAT and Notaries inining legal trust in the context of digitalization.

CHEMICAL CASTRATION PUNISHMENT IN THE PERSPECTIVE OF GOVERNMENT REGULATION NUMBER 1 OF 2016 ON CHILD PROTECTION AND ISLAMIC CRIMINAL LAW

Muhammad Jafar — 2024-01-31

Sexual violence against children in Indonesia has increased significantly. The punishment for perpetrators of sexual violence against children listed in the child protection law No. 23 of 2002 is considered not yet effective so the government issued Perpu No. 1 of 2016 which applies criminal charges to the perpetrators in the form of chemical castration punishment. The researcher wants to discuss “the provisions of castration punishment in Perpu and chemical castration punishment from the perspective of Islamic law” to explain the provisions of chemical castration and Islamic legal views on chemical castration punishment. The method used in this research is descriptive-analytical qualitative. The technics of data collections used is library research. The results showed that the castration provision in the Perpu was a chemical castration penalty which was an additional sentence imposed for recidivists, more than one victim, accompanied by rehabilitation, a period of no more than 2 years after the principal crime and was excluded for child offenders. Chemical castration punishment in the view of Islamic law is haram.

THE EXISTENCE OF THE LAMPUNG ELECTION SUPERVISORY BODY IN HANDLING ELECTION VIOLATIONS

Rudi Santoso Rudi Santoso — 2024-01-31

This study aims to know existence of a Supervisory Body Election ( Bawaslu) In Lampung Province handle violation regional elections up to doing cancellation candidate head area in the election head area simultaneously in 2020. The method used in this research is normative juridical, namely focusing on literature study, namely by researching and reviewing library materials in the form of statutory regulations, scientific articles, mass media and court decisions. This research concludes that Bawaslu has played a fairly good role by implementing legal sanctions to the point of canceling candidates in the 2020 Bandar Lampung City Election. Bawaslu Lampung stated that candidate number three committed violations in a structured, systematic and massive manner, thus recommending the cancellation of Eva Dwiana-Dedy Amarullah because they were deemed to have received benefits from the policies of the Bandar Lampung city government, in this case the husband of the mayoral candidate, Herman HN. Although in the end it matters win lawsuit at the Supreme Cour.

COMMUNITY LEGAL AWARENESS IN REGISTRATION OF LAND OWNERSHIP RIGHTS (STUDY AT THE ART/BPN OFFICE PADANGSIMPUAN)

Nur Oloan — 2024-01-31

In this millennial era, having a land certificate is very obligatory to avoid things that cause problems or cases regarding land. But with that, there are still people who do not have land certificates, even though this is very important considering how easy it is to manipulate the certification system, as well as the legal awareness that the community has, especially in Padangmatinggi Village, Padangsidimpuani City. So the problems that will be examined in this research are: What is the level of legal awareness of the community in registering their land? What are the obstacles and support factors faced by the community in registering their land? This research is included in the Empirical research typology. The data were collected in two ways, namely interviews and filling out questionnaires and analyzed qualitatively and using the statutory approach and applicable legal principles which became the benchmark in determining public legal awareness. Data from the field were obtained through discussion and through electronic media that focused on the problem. The results of this study show that the community's legal awareness in registering their land is still lacking, there are still many people who do not understand the procedures and legal rules that apply to registering their land. This is prone to conflict conflict and forgery of certificate deeds. The local government must be more active in accelerating land certification, because if the program has been implemented without prior socialization, most people will not know it.

PROTECTION OF CIVIL LAW AND CRIMINAL LAW FOR ONLINE FOOD DELIVERY APPLICATION PARTNERS AGAINST COUNTERFEIT ORDER CRIME

Muhammad Farid — 2024-01-31

Currently, many transportation companies create features/applications that offer transportation and food delivery services. As the innovation of this technology develops, several cases of crimes often appear in online motorcycle taxi applications for food delivery, namely the large number of fictitious orders. This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. This research is intended to determine efforts to protect civil law and criminal law for online food delivery application partners against the crime of fake/fictitious orders. This research shows that legal protection for online food delivery application partners in terms of civil and criminal law in the crime of fictitious orders.