Widya Yuridika最新文献_第2页

Efektivitas Pengawasan Majelis Pengawas Daerah Terhadap Notaris yang Meninggalkan Wilayah Jabatan 区域监督员委员会对离开该地区的公证人的监督效力

Widya Yuridika Pub Date : 2023-11-08 DOI: 10.31328/wy.v6i3.4479

Nurina Aini, Aminuddin Ilmar, Muhammad Ilham Arisaputra

{"title":"Efektivitas Pengawasan Majelis Pengawas Daerah Terhadap Notaris yang Meninggalkan Wilayah Jabatan","authors":"Nurina Aini, Aminuddin Ilmar, Muhammad Ilham Arisaputra","doi":"10.31328/wy.v6i3.4479","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4479","url":null,"abstract":"This study aims to analyze and explain the form of responsibility of the supervisors of the Regional Supervisory Board (MPD) towards notaries who leave their territory of office without valid reasons and formulate and identify the effectiveness of the supervisory function of the Regional Supervisory Council (MPD) against notaries who leave their territory of office without valid reasons. This research is an empirical legal research. The research was conducted in Makassar City, South Sulawesi. The results of the study show that the supervision carried out on a Notary is intended so that the Notary in carrying out his duties is based on the rules according to the provisions of the laws and regulations governing the position of a Notary. The laws and regulations governing office do not only require laws or laws, but also based on the trust given by the parties to the notary. Notaries must act professionally in carrying out their duties, because the position of Notary is a position of trust that must be aligned with those who carry out the duties of a Notary's position as a person who can be trusted. Notary as a position of trust does not mean anything if it turns out that those who carry out their duties as a Notary are people who cannot be trusted, including leaving their area of office without a valid reason.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ketidaksesuaian Penyampaian Harga Tanah: Tanggung Jawab Pejabat Pembuat Akta Tanah 提交的地价不一致：土地契约官员的责任

Widya Yuridika Pub Date : 2023-11-08 DOI: 10.31328/wy.v6i3.4589

Salwah Nur Afifah, Abrar Saleng, Sri Susyanti Nur

{"title":"Ketidaksesuaian Penyampaian Harga Tanah: Tanggung Jawab Pejabat Pembuat Akta Tanah","authors":"Salwah Nur Afifah, Abrar Saleng, Sri Susyanti Nur","doi":"10.31328/wy.v6i3.4589","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4589","url":null,"abstract":"This study aims to analyze the PPAT's responsibility for the land sale and purchase deed he made in the event that the parties do not convey the actual land price and analyze the validity and consequences that will arise if the land sale and purchase deed does not include the actual land price. This research is normative research, where in this research the subject matter of the study is in the form of the application of normative law in action to any particular legal event that occurs in society. The results of the study show that if the PPAT knows that the price entered by the parties is included in the sale and purchase agreement, the PPAT must refuse to make the sale and purchase deed. In addition, it is mandatory for PPAT as an extension of the government to play an active role in providing counseling or guidance to prospective buyers and sellers not to reduce the actual price of the land sale and purchase price between them. Then regarding the validity and consequences that will arise in the future if the land sale and purchase deed does not include the actual price of the land and without the PPAT knowing as the maker, it can result in the land sale and purchase deed (authentic deed) degrading its evidentiary power to a private deed because it has been made with ways that deviate or are not in accordance with procedures both materially and formally. And it is possible that in the future it will be discovered that the price stated in the land sale and purchase deed is incorrect, so there is a possibility that the parties (seller and buyer) may be entangled in Article 266 paragraph (1) of the Criminal Code.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"98 s2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Qualification Of Age Limits For Criminal Responcibility According To The Child Criminal Justice System And Indonesia Criminal Code 从儿童刑事司法制度和印度尼西亚刑法看刑事责任年龄限制的资格

Widya Yuridika Pub Date : 2023-11-08 DOI: 10.31328/wy.v6i3.4608

Julisa Aprilia Kaluku, Ramdhan Kasim, Mohamad Rivaldi Moha, Lisnawaty Wadju Badu

{"title":"Qualification Of Age Limits For Criminal Responcibility According To The Child Criminal Justice System And Indonesia Criminal Code","authors":"Julisa Aprilia Kaluku, Ramdhan Kasim, Mohamad Rivaldi Moha, Lisnawaty Wadju Badu","doi":"10.31328/wy.v6i3.4608","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4608","url":null,"abstract":"The age limit for children is very important in juvenile criminal cases, because it is used to find out whether a person suspected of committing a crime is included in the category of a child or not. Limitation of the age of children, there is also diversity in various countries that regulate the age of children who can be punished. Some countries also provide a definition of a person being said to be a child or an adult in terms of age and activity or ability to think. The approach method in this study uses an approach to legislation (statue approach), fact approach, case approach and analysis of legal concepts. The results in this study are the non-uniformity of the qualifications for the age limit of children between one law and another, giving rise to various existing legal conflicts regarding the limits of children's responsibility. According to the Criminal Code Number 1 of 2023 in article 40, it states that criminal liability cannot be imposed on children who are not yet 12 (twelve) years old at the time of committing the crime, while in Law Number 11 of 2012 it states that children who are in conflict with The law hereinafter referred to as a child is a child who is 12 (twelve) years old but not yet 18 (eighteen) years old who is suspected of committing a crime.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"98 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Penyederhanaan Proses Legalisasi Apostille 推动Apostille合法化程序的简化

Widya Yuridika Pub Date : 2023-11-08 DOI: 10.31328/wy.v6i3.4646

Isma Widya Astuti B, Iin Karita Sakharina, Muhammad Aswan

{"title":"Penyederhanaan Proses Legalisasi Apostille","authors":"Isma Widya Astuti B, Iin Karita Sakharina, Muhammad Aswan","doi":"10.31328/wy.v6i3.4646","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4646","url":null,"abstract":"This study aims to analyze the role of the apostille as an effort to simplify the stages of the process of legalizing public documents, and to analyze legal certainty for public documents that have been legalized by apostille. This research is an empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature studies. The data collected is then processed using a qualitative analysis approach. The results of the study show that the role of the Apostille as an effort to simplify the stages of the process of legalizing public documents has made it easy for Indonesian citizens to use their public documents abroad. This convenience saves time, costs and is much easier than the conventional legalization of public documents for going abroad, the process of which must go through various parties. Apostille services only need to go through the Ministry of Law and Human Rights as a certified authority. In Indonesia, the Competent Authority appointed and competent to issue Apostille is the Ministry of Law and Human Rights (KumHAM). And then th e legal certainty of public documents that have been legalized Apostille is the guarantee that public documents that have been legalized Apostille will be recognized and accepted by all countries that have ratified the Apostille Convention. This certainly makes it easy for the public to legalize public documents that will be used abroad or vice versa.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pemanfaatan Cyber Notary Terhadap Digitalisasi Akta 网络诺特对数字化契约的利用

Widya Yuridika Pub Date : 2023-11-08 DOI: 10.31328/wy.v6i3.4610

Andi Dala Ulang, Abdul Maasba Magassing, Iin Karita Sakharina

{"title":"Pemanfaatan Cyber Notary Terhadap Digitalisasi Akta","authors":"Andi Dala Ulang, Abdul Maasba Magassing, Iin Karita Sakharina","doi":"10.31328/wy.v6i3.4610","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4610","url":null,"abstract":"This research aims to analyze the use of digitizing authentic deeds by Notaries in Makassar City and to analyze the legal certainty of the principles of agreements between the parties in digitizing authentic deeds by Notaries. This research is empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature study. The data collected was then processed using a qualitative analysis approach. The research results show that the use of digitalization of authentic deeds by Notaries in Makassar City will basically really help the work of Notaries and also the parties, namely it can save time and costs compared to conventionally making authentic deeds. However, because until now there is no legal umbrella and it is considered contradictory, no Notary in Makassar has ever digitized an authentic deed. And then the legal certainty of the principle of agreement between the parties in digitizing an authentic deed by a Notary based on positive law in Indonesia is that it does not have perfect proof like an authentic deed, this is because the digitization of the Notary's deed does not meet the requirements for the authenticity of a deed.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pajak Terhadap Mata Uang Virtual Di Indonesia 在印度尼西亚对虚拟货币征税

Widya Yuridika Pub Date : 2023-11-08 DOI: 10.31328/wy.v6i3.4631

Adita Ayu Resky Iskandar, Abdul Razak, Naswar Naswar

{"title":"Pajak Terhadap Mata Uang Virtual Di Indonesia","authors":"Adita Ayu Resky Iskandar, Abdul Razak, Naswar Naswar","doi":"10.31328/wy.v6i3.4631","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4631","url":null,"abstract":"This study aims to analyze the legality of applying taxes to cryptocurrency In Indonesia and to analyze the mechanism of tax collection against cryptocurrency In Indonesia. This type of research is normative research that discusses the legality of applying taxes to cryptocurrency In Indonesia, by examining library materials or secondary data consisting of primary legal materials, even secondary law and tertiary legal materials.The results of the research show that: 1) The legality of applying taxes to cryptocurrency In Indonesia is Minister of Finance Regulation (PMK) Number 68/PMK.03/2022 concerning Income Tax and Value Added Tax on Crypto Asset Transactions. This crypto tax rule applies starting May 1, 2022, for all types of crypto asset transactions such as trading crypto assets for fiat currency, swapping crypto assets for other crypto, or exchanging crypto assets for goods. other than crypto assets and/or services. 2) Mechanism of tax collection against cryptocurrency In Indonesia is that the Government appoints a third party as a collector of VAT on trading crypto assets and Income Tax Article 22 on crypto asset transactions. The intended VAT and crypto PPh collectors are Trade Operators Through Electronic Systems (PPMSE) who are taxpayers who have been confirmed as Taxable Entrepreneurs (PKP), both domestically and abroad.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Copyright Protection of Podcast-Based Audiobooks Adapted by Third Party Without Permission on Digital Platform Based on Indonesian Positive Law 基于印尼实在法的第三方未经许可在数字平台上改编播客有声读物的版权保护

Widya Yuridika Pub Date : 2023-05-07 DOI: 10.31328/wy.v6i2.4451

Salma Alifya Khairunnisa, R. Permata, S. Sudaryat

{"title":"Copyright Protection of Podcast-Based Audiobooks Adapted by Third Party Without Permission on Digital Platform Based on Indonesian Positive Law","authors":"Salma Alifya Khairunnisa, R. Permata, S. Sudaryat","doi":"10.31328/wy.v6i2.4451","DOIUrl":"https://doi.org/10.31328/wy.v6i2.4451","url":null,"abstract":"Podcasts are basically digital audio content that is much loved by the public and audiobooks become one of the contents that have recently been incorporated into podcast content on a digital platform. The presence of this podcast-based audiobook raises a new problem in copyright related to its adaptation. This study aims to examine legal protection regarding podcast-based audiobooks from the perspective of copyright based on Indonesian Copyright Law and ITE Law. Furthermore, this study was also conducted to analyze the act of adapting books into podcast-based audiobooks on a digital platform carried out by content creators without the permission of the creators or copyright holders. This study uses normative juridical approach with descriptive specifications. The normative juridical approach is carried out by exploring legal theories and principles as well as applicable laws and regulations. This study describes legal problems that occur in society and is analyzed based on the applicable laws and regulations. The result of the study shows that copyright protection for podcast-based audiobook content has been regulated in several articles in the Copyright Law, including Article 40 paragraph (1) and Article 9 paragraph (1) regarding the right to adapt a creation. In addition, the act of adapting and uploading without permits made by content creators on a digital platform is considered to have violated the provisions of Article 9 of the Copyright Law and Article 25 of the ITE Law. ","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125550766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Batasan Penegak Hukum Dalam Mengakses Data Elektronik Pribadi 用于获取个人电子数据的法律限制

Widya Yuridika Pub Date : 2023-05-07 DOI: 10.31328/wy.v6i2.4118

Eunike Briliantin Rahantoknam

引用次数: 0

Legalitas Pengaturan Kepesertaan BPJS Kesehatan Sebagai Syarat Pelayanan Publik 公共服务条件下BPJS保健安排的合法性

Widya Yuridika Pub Date : 2023-05-07 DOI: 10.31328/wy.v6i2.4174

M. Hasyim, Nurmalita Ayuningtyas Harahap

引用次数: 0

Pemalsuan Tanda Tangan Kredit Bank Dalam Pengikatan Hak Jaminan Atas Kebendaan Milik Orang Lain

Widya Yuridika Pub Date : 2023-05-07 DOI: 10.31328/wy.v6i2.4432

Syesil Ramaliza Husna, Taupiqqurrahman Taupiqqurrahman

引用次数: 0