Jurnal Normatif

Analisis Yuridis Akta Perdamaian Perjanjian Kerjasama Penglolaan Barang Milik Negara (Perjanjian Antara Pusat Koperasi TNI Angkatan Darat Dengan PT Luwiwan Megah Perkasa)

Azli Akbar Albanna — 2023-12-30

The focus of this research is a case that happened between Koperasi TNI Angkatan Darat (Indonesian Army Cooperative) and PT Luwiwan Megah Perkara in connection with the management of Sriwijaya Sports Centre which fall under the category of state-owned assets. The assets stand on a state-owned land with management rights in the form of Right to Use Certificate on the name of Ministry of Defense of the Republic of Indonesia. The management of the asset was in the form of Build Operate Transfer (BOT) agreement. The Koperasi TNI Angkatan Darat (Indonesian Army Cooperative) itself is an independent legal entity and not structurally under the auspice of the Indonesian army. The main problems on this research are: 1) the legal standing of Koperasi TNI Angkatan Darat (Indonesian Army Cooperative) in entering into a management agreement of state-owned assets; and 2) Legal analysis of the claim submitted by PT Luwiwan Megah Perkasa against Koperasi TNI Angkatan Darat (Indonesian Army Cooperative). This research is normative legal research, with the nature of descriptive analysis research. The approach used is the statutory approach. The theory of agreement, theory of authority, and legal protection theory are used to analyze the main problems in this research

Kepastian Hukum dalam Penetapan Kriteria Money Politik menjelang Kampanye Pemilu 2024

Umi Khairiah — 2023-12-30

The implementation of elections or regional elections is very vulnerable to corruption. Money politics is the origin of political corruption. Money politics is a serious problem in elections and elections in Indonesia, starting from the election of village heads, regional heads, legislative members, and the Regional Representative Council (DPD) to the President and Vice President, it is vulnerable to the practice of buying and selling votes. One recent example of allegations of money politics was the discovery of a case of giving away milk during the CFD on December 3 2023 by Vice President Gibran which according to Bawaslu was not an election violation and the case of distributing envelopes bearing the PDIP logo at a mosque in Sumenep amounting to IDR 300 thousand. Again, Bawaslu stated that it could not investigate the case in terms of violations of money politics provisions. This is because the Election Law only regulates the prohibition of money politics during the campaign period. Therefore, there needs to be a clear determination in determining the criteria for money politics. The type of research used is normative juridical with a statutory approach and a conceptual approach. There is a gap for the practice of money politics to occur in the upcoming 2024 elections due to the weakness of the regulations governing money politics. This weakness is not only in terms of material, such as if there are subjects of criminal acts who are not organizers, participants, and campaign teams who practice money politics during the campaign and quiet periods, then these perpetrators cannot be punished under the Election Law. Only election organizers, participants, and campaign teams are prohibited from engaging in money politics. Transactions giving money are sometimes not carried out by candidates directly but through intermediaries with the success team or parties who have an interest in the candidate. Legal uncertainty was also seen during the campaign period which only lasted 75 days. So if forms of money politics are carried out by candidates and their teams outside the campaign period, they are not included in the category of money politics

Kepastian hukum terhadap pemenang lelang dalam lelang agunan bank (Studi Kasus pada Putusan Nomor 193/PDT.G/2019/PN.PTK)

Nurhayati M Sinaga — 2023-12-30

Using common violations, the Law on Liability gives the creditor the privilege of executing the object in his power. Furthermore, repayment of receivables is taken from the proceeds of the auction with priority rights from other creditors. Through Pirate Execution based on the executory title stated in the Certificate of Dependent Rights Following the provisions of Article 11 paragraph (2) letter KUUHT, APHT stipulates the emptying of the object of the dependent right at the time of execution of the dependent right, so that the debtor is obliged to follow the auction decision and has no reason to refuse the emptying. In the Universal People's Credit Bank, there was a conflict because the debtor did not pay the receivables following the previous agreement. As a result, the creditor, the Universal People's Credit Bank in Pontianak, executed the guarantee through a public auction. However, the debtor made legal efforts to oppose (verzet), and the debtor filed an objection in case No.193/Pdt.G/2019/PN. Ptk.The winner of the auction cannot reverse the name or control the auction results. This study used a normative jurisprudence law approach. This method deals with problems by studying the provisions of applicable laws and regulations. The focus of this study is descriptive analysis. Therefore, the decision of civil case No. 193/Pdt.G/2019/PN.Ptk, Deed of Auction Minutes No. 492/53/2020, Law No. 10 of 1998, Law on Dependent Rights No. 4 of 1996, Basic Agrarian Law No. 5 of 1960, and Minister of Finance Regulation No. 213/PMK.06/2020 concerning Technical Guidelines for Auction Implementation are the subjects of this study. The research reveals the efforts of the block applicant and the Land Office to file an Unlawful Action lawsuit with the Court to remove the block as legal protection for the auction winner. The winner of the auction can also ask the District Court to stop the auction object. In decision number 193/Pdt.G/2019/PN.Ptk, the Panel of Judges stated that the object of the dependent rights used by the Plaintiff as collateral has the same executory power as a court decision that has permanent legal force. Under the executory title, an execution auction can be conducted directly, and the debtor must leave or vacate the property of the lien. Because it has violated the civil rights of others, the plaintiff's actions are included in the category of unlawful actions. To avoid juridical obstacles, the government should be able to amend and add clauses in the UUHT by giving authority or directly appointing bailiffs and police officers to execute collateral emptying as evidenced by the deed of auction minutes to ensure legal certainty in the process of execution of dependent rights. Thus, KPKNL and the Bank can synergize with these rules by carrying out auction execution procedures

Penerapan Hukum terhadap anak sebagai pelaku penyalahgunaan Narkotika

Warsiman Warsiman — 2023-12-30

Abuse of narcotics can result in a dependency syndrome if its use and distribution are not monitored. Narcotics abuse encourages illicit trafficking and causes an increase in abuse that is increasingly widespread and has an international dimension. Therefore, efforts to prevent and control narcotics abuse and efforts to eradicate illicit trafficking are needed. General Provisions in the explanation of Law Number 35 of 2009 concerning Narcotics, the definition of narcotics is a substance or medicine that is very useful and necessary for the treatment of certain diseases. However, if it is used not following treatment standards, it can have very detrimental consequences for individuals and society, especially the younger generation. Narcotics etymologically comes from the Greek Narkoum, which means to paralyze or make numb. Narcotics have properties and are useful for use in the medical field, useful for research, and pharmaceutical science. In this era of globalization, some crimes align children as perpetrators of criminal acts and in cases of abuse that are prohibited in criminal law, one of which is the crime of narcotics abuse. In this case, there is a lot of narcotics spread that has penetrated even remote levels of society, touching and highlighting children who still have a low level of thinking as the main targets or victims. Where, without us realizing it, the potential for children to be indirectly involved in the misuse of very dangerous items is due to factors involving adults. In this case, the main factor that triggers the child to face the law in a narcotics case comes from outside himself, including the very minimal attention of parents (family), and also accompanied by social environmental factors. These two factors simultaneously cause children to often fall into crimes which unknowingly lead the child to become involved in narcotics. Of course, this involvement often occurs when children do not yet have maturity in terms of thinking patterns, so there is a very high potential that a crime will occur. Apart from that, there is a culture of joining in and the participation of adults who try to persuade children to commit crimes that are very detrimental to their future

Pasar Tradisional dan perubahan daya hidup masyarakat pedesaan: Study Pajak Gambir Pasar VIII Desa Bandar Klippa Kecamatan Percut Sei Tuan

maswita maswita — 2023-12-30

Tax is a place to sell food and other necessities for use in daily life. The tax will continue if buyers and sellers both need it. The tax designation is different from the market designation for other areas outside North Sumatra. The purpose of this writing is to describe the changes that have occurred in the Gambir market and the lifestyle of the surrounding community. The research location is Bandar Klippa village, Percut Sei Tuan District, Deli Serdang Regency. This research uses a naturalistic approach. Focus on the strength of the ethnographic method which describes qualitatively and empirically. Data is collected from several sources, both verbally and in writing/documents, relying on involved observations and/or relatively informal conversations, data analysis using an interpretation of meaning, function, and all the consequences arising from various human actions and interaction practices in society. The traditional Gambir tax market has gradually become a place for transactions for global economic products, in addition to local economic products which continue to maintain their existence. Thus, today's traditional market culture has experienced a mixture of modern market culture through the existence of consumerist and modern products, and the lifestyle of the people around the market which tends to indulge in pleasure activities and alternative lifestyles, apart from agriculture and farming

Perbandingan hukum perampasan aset hasil tindak pidana korupsi di Indonesia, Singapura Dan Hongkong

Manguni WD Sinulingga — 2023-12-31

Corruption in law is a chronic issue with corrosive effects. In Indonesia, there institutions involved in handling criminal acts of corruption; the prosecutor`s Office, the Police, and the Corruption Eradication Commission (KPK). However, corruption cases in Indonesia continue to increase and fluctuate in their eradication efforts. The KPK is the main institution tasked with combating corruption in Indonesia, but it is perceived as not yet maximizing the seizure of assets resulting from corrupt activities. Singapore has a reputation for being stringent in combating corruption, boasting a powerful anti-corruption institution known as the Corrupt Practices Investigation Bureau (CPIB), which holds authority to investigate and prosecute corruption cases without political intervention. Hong Kong has an Independent Commission Against Corruption (ICAC) that has significantly succeeded in eradicating corruption. A comparative study of laws regarding the confiscation of assets resulting from acts of corruption in Indonesia, Singapore, and Hong Kong is needed to identify similarities, differences, and to analyze the similarities and differences in asset seizure resulting from corruption between the Indonesian Corruption Eradication Commission and the Corrupt Practices Investigation Bureau Singapore, and the Independent Commission Against Corruption Hong Kong