Trunojoyo Law Review最新文献

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NOTARY RESPONSIBILITY FOR THIRD PARTY LOSSES DUE TO THE ISSUANCE OF THE DEED OF BINDING OF LAND PURCHASE AGREEMENT 因签发具有约束力的购地协议契约而造成第三方损失的公证责任
Trunojoyo Law Review Pub Date : 2023-08-29 DOI: 10.21107/tlr.v5i2.21163
Halimi Halimi
{"title":"NOTARY RESPONSIBILITY FOR THIRD PARTY LOSSES DUE TO THE ISSUANCE OF THE DEED OF BINDING OF LAND PURCHASE AGREEMENT","authors":"Halimi Halimi","doi":"10.21107/tlr.v5i2.21163","DOIUrl":"https://doi.org/10.21107/tlr.v5i2.21163","url":null,"abstract":"Third parties in the formation of the Deed of Sale and Purchase Agreement (APPJB) Land have rights to the object regulated in the PPJB even though they are not involved in its formation as long as they have legal ties to the object being agreed upon. So that when a material loss occurs to a third party originating from the issuance of the PPJB, does the notary have the responsibility to compensate for the loss or vice versa. This type of legal research is a type of normative legal research. The results of this study indicate that legal remedies that can be taken by a third party if the deed of binding sale and purchase agreement issued by a notary causes harm to him is to send a subpoena, carry out an unlawful act lawsuit, report an alleged criminal act and make a complaint to the Regional Supervisory Council. The form of liability that can be borne by a Notary for the issuance of the Deed of Sale and Purchase Binding Agreement which is detrimental to third parties is civil liability by compensating for losses suffered by third parties in accordance with the provisions of Article 1365 of the Civil Code (KUHPerd) and criminal liability, namely serving a criminal sentence in accordance with the criminal provisions in Article 263 paragraph (1) and (2) or 264 or 266 of the Indonesian Criminal Code (KUHP) and ethically responsible according to Article 85 by receiving administrative sanctions.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348514","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
IJTIHAD AS A METHOD OF LEGAL DISCOVERY IN THE ISLAMIC LEGAL SYSTEM 伊斯兰法律体系中作为法律发现方法的 "伊吉哈德
Trunojoyo Law Review Pub Date : 2023-08-28 DOI: 10.21107/tlr.v5i2.21051
Siti Nashrah Binti Tamsir, Zaini Zaini
{"title":"IJTIHAD AS A METHOD OF LEGAL DISCOVERY IN THE ISLAMIC LEGAL SYSTEM","authors":"Siti Nashrah Binti Tamsir, Zaini Zaini","doi":"10.21107/tlr.v5i2.21051","DOIUrl":"https://doi.org/10.21107/tlr.v5i2.21051","url":null,"abstract":"Although the existence of the Qur'an and Al-Hadith is an authentic source and the basis of law in Islam, this does not close the role of Muslim intellectuals in exploring and establishing the laws needed to solve all problems in the lives of Muslims. Especially on new problems along with the development of science and technology. This research uses the method of literature law by analyzing the legal status of Ijtihad based on literature sources in Islamic legal science. The result obtained in this study is that one of the legal products that can be a source of law in Islam is through the mechanism of Ijtihad as a solution to legal problems in society. Ijtihad is an Islamic appreciation and recognition of the existence of the human mind in solving all problems, one of which is related to Islamic law.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139348767","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
CONSTITUTION IN LEGAL POLITICAL PERSPECTIVE 法律政治视角下的宪法
Trunojoyo Law Review Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16487
N. Zaman
{"title":"CONSTITUTION IN LEGAL POLITICAL PERSPECTIVE","authors":"N. Zaman","doi":"10.21107/tlr.v4i1.16487","DOIUrl":"https://doi.org/10.21107/tlr.v4i1.16487","url":null,"abstract":"In this study there are 2 (two) problems studied. First, what is the form or form of legal politics in the 1945 Constitution. Second, what is the nature of legal politics in the 1945 Constitution. This research uses normative legal research. The research results obtained: First, the form or form of legal politics in the constitution as a means in order to achieve the goals of the state, namely the interests of the nation and state, the basic law of legal politics in the constitution comes from the values and character of the nation, taking into account the legal system adopted. Second, the legal politics in the 1945 Constitution is not rigid or permanent, but the nature of legal politics in the constitution is open, that is, it can adapt to the situation and conditions of its era, either through the method of interpretation or through the method of change.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130810842","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
PROTECTION OF SUSTAINABLE FOOD AGRICULTURAL LAND AGAINST THE CONVERSION OF AGRICULTURAL LAND TO NON-AGRICULTURAL (STUDY IN BANGKALAN) 保护可持续粮食农业用地,防止农业用地向非农业用地转变(在邦卡兰的研究)
Trunojoyo Law Review Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16236
Yunita Fenditia Astiti, Riesta Yogahastama
{"title":"PROTECTION OF SUSTAINABLE FOOD AGRICULTURAL LAND AGAINST THE CONVERSION OF AGRICULTURAL LAND TO NON-AGRICULTURAL (STUDY IN BANGKALAN)","authors":"Yunita Fenditia Astiti, Riesta Yogahastama","doi":"10.21107/tlr.v4i1.16236","DOIUrl":"https://doi.org/10.21107/tlr.v4i1.16236","url":null,"abstract":"Protection of Sustainable Food Agricultural Land which is then stated in Regional Regulation No. 05 of 2013 is one of the policies of the Bangkalan Regional Government to reduce the rate of conversion of agricultural land to non-agricultural. The policy is indicated to be ineffective in its implementation in the community because the substance, structure, and culture of the community do not support the existence of the policy. This type of research is empirical research or commonly called field research that can uncover facts in the field. The type of research used is sociological juridical that can observe the reactions and interactions that occur when a norm does not work properly. The approach method used is the fact approach and the legislation approach. Data types and sources use primary data and secondary data, data collection methods use interviews with several communities and related agencies. Then it is analyzed using a descriptive-qualitative method. The results of the research in the application of the Bangkalan Regional Regulation will be tested for its effectiveness in the community when viewed from the civil law aspect which tends to be very lacking to be applied which has an impact on there are still communities transferring their land for personal interests due to the lack of incentives provided by local governments.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114097580","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
A NORMATIVE REVIEW OF THE SIMULTANEOUS GENERAL ELECTION AND REGIONAL HEAD ELECTION DELAY 对同时举行普选和地区区长选举延迟的规范审查
Trunojoyo Law Review Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16340
A. Ansori, Agung Ali Fahmi, M. Mukhlish
{"title":"A NORMATIVE REVIEW OF THE SIMULTANEOUS GENERAL ELECTION AND REGIONAL HEAD ELECTION DELAY","authors":"A. Ansori, Agung Ali Fahmi, M. Mukhlish","doi":"10.21107/tlr.v4i1.16340","DOIUrl":"https://doi.org/10.21107/tlr.v4i1.16340","url":null,"abstract":"A government system based on people's sovereignty can be called a democratic government system. Democracy itself is realized by a government based on representatives of the people who are democratically elected by means of general elections. General elections or elections are a logical consequence of a country that adheres to a democratic system, and democracy is a safe way to maintain control over the rule of law. article 3 of Law NO. 7 of 2017 concerning ELECTIONS states that ELECTIONS must be held based on the principles of being effective and efficient. Therefore, the separation of national elections and local elections is to represent the existence of this article. Simultaneous elections to be held in 2024, namely elections on a national and local scale, will bring various negative impacts. If the 2022 and 2023 Regional head elections are postponed and held in 2024, the Jakarta-centric issue is very dominant and local issues or agendas are sidelined. Meanwhile, the regulation related to the postponement of the Regional head election is contained in Article 201 paragraph (9), (10), and (11) of Law no. 1 of 2015 concerning Stipulation of Government Regulation into Law no. 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law. ","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134244396","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
Criminal Conviction of Child Traffic Offenders Reviewed From The Juvenile Criminal Justice System 从少年刑事司法制度看儿童交通肇事者的刑事定罪
Trunojoyo Law Review Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16235
Muhammad Dzikri Akbar Syafi’i, Firman Arif Pribadi, Saiful Abdullah
{"title":"Criminal Conviction of Child Traffic Offenders Reviewed From The Juvenile Criminal Justice System","authors":"Muhammad Dzikri Akbar Syafi’i, Firman Arif Pribadi, Saiful Abdullah","doi":"10.21107/tlr.v4i1.16235","DOIUrl":"https://doi.org/10.21107/tlr.v4i1.16235","url":null,"abstract":"Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (hereinafter referred to as the SPPA Law) which is a formal criminal law for children specifically regulates punishment that can be imposed on children. The criminal sanctions stipulated in the SPPA Law are different from the criminal sanctions in the Criminal Code. The criminal sanctions contained in Article 71 do not include criminal sanctions of confinement and criminal sanctions of fines, nor does the SPPA Law specifically regulate criminal sanctions in lieu of imprisonment and fines. This is a problem related to children who commit criminal acts of traffic violations which in material law are threatened with imprisonment and fines. In this case, the criminal sanctions that can be imposed on children perpetrators of traffic violations are criminal sanctions contained in the SPPA Law by taking into account the principle of the best interests for children, as well as the regulations contained in the SPPA Law. The research method used in this study is a normative juridical research method, with a statute approach and a conceptual approach. The collection of sources of legal materials, both primary and secondary, is carried out through legal literature studies, recording legal documents, laws and regulations and tracing the research results of others. The results of this study show that the criminal sanctions that can be imposed on children violating traffic crimes under the SPPA Law are criminal sanctions for warning, probation, and job training.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123095722","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
The Model Of Legal Protection For Products Of Genetic Engineering In Agricultural Technology 农业技术中基因工程产品的法律保护模式
Trunojoyo Law Review Pub Date : 2019-05-20 DOI: 10.21107/tlr.v1i1.5255
D. Susanti, A'an Efendi, Nuzulia Kumala Sari
{"title":"The Model Of Legal Protection For Products Of Genetic Engineering In Agricultural Technology","authors":"D. Susanti, A'an Efendi, Nuzulia Kumala Sari","doi":"10.21107/tlr.v1i1.5255","DOIUrl":"https://doi.org/10.21107/tlr.v1i1.5255","url":null,"abstract":"This research is aimed to find a new model of legal protection for the product of genetic engineering in the field of agricultural biotechnology. The concept of legal protection as coined by Philipus M. Hadjon is limited to administrative law in the relationship between the people and the government, not applicable to all fields of law. The legal protection for genetic engineering in the field of agricultural biotechnology is covered in laws and their derivative regulations as it evidently provides forum of compensation for the infringement of intellectual property resulted in genetic engineering in agricultural biotechnology. The contract becomes a special instrument of legal protection between owners of intellectual property in the field of agricultural biotechnology dealing with civil laws.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131328319","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
Intergration Between Modern Laws With Living Laws In Rural Comunities In The Rural Economic Development 农村经济发展中的现代法律与农村社区生活法律的融合
Trunojoyo Law Review Pub Date : 2019-05-06 DOI: 10.21107/tlr.v1i1.5251
Ardhiwinda Kusumaputra, E. Retnowati
{"title":"Intergration Between Modern Laws With Living Laws In Rural Comunities In The Rural Economic Development","authors":"Ardhiwinda Kusumaputra, E. Retnowati","doi":"10.21107/tlr.v1i1.5251","DOIUrl":"https://doi.org/10.21107/tlr.v1i1.5251","url":null,"abstract":"The purpose of this study is to find and analyze the integration between state modern laws and the living laws in the village, in its relation with national economic development and to find and analyze the ways to optimize national economic development through rural autonomy. The research method used is normative juridical, using legal material. The integration between state modern laws and the living law in the rural communities is by giving attention and accommodating the living laws in the rural communities especially in the economic order in the village including the establishment of Village-Owned Enterprises (BUMDes). In the formation of rules or laws relating to the economy or village empowerment, it should not only be juridical aspect that is prioritized but the philosophical, and sociological aspect of rural communities needs should be used as foundation . Reflection on the Pancasila understanding is also very necessary. This is because Pancasila is transformation result of various legal principles in Indonesia, Optimizing village economic development through rural autonomy by making improvements, and empowering all the potential of the village in particular the human resources and natural resources.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128319596","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
The Dillem Of The Right To Privacy In Indonesia: Does Indonesia’s Corruption Eradication Commission (KPK) in Spying People Violate International Human Rights Laws to Protect the Right to Privacy? 印尼隐私权的困境:印尼肃贪委员会(KPK)监视人民是否违反国际人权法以保护隐私权?
Trunojoyo Law Review Pub Date : 2019-02-05 DOI: 10.21107/tlr.v1i1.5254
D. Wijaya
{"title":"The Dillem Of The Right To Privacy In Indonesia: Does Indonesia’s Corruption Eradication Commission (KPK) in Spying People Violate International Human Rights Laws to Protect the Right to Privacy?","authors":"D. Wijaya","doi":"10.21107/tlr.v1i1.5254","DOIUrl":"https://doi.org/10.21107/tlr.v1i1.5254","url":null,"abstract":"Corruption is a serious crime in Indonesia. Indonesia commonly recognize that Corruption as extra ordinary crime that has to be combated by extra ordinary means as well. Interception has been determined as the best way to reduce the number of these engaged in corruption, Indonesia is adherence to some international human rights instrument aims to support the basic rights of the people. The scope of the concept of privacy, in some theorists’ perspective has sailed to be properly conceptualized. In addition, the international community recognizes privacy is a fundamental human right which is well-described in several Conventions. This reflects the importance of the right to privacy for every individual in the world, either for adult, children or for people who have disabilities. Some of the interception actions done by the KPK, do not comply with the international principles on human rights in electronic surveillance actions. This means Indonesia must improve its laws through adding some articles in order to fully comply with international principles on human rights in electronic surveillance actions. The research method used is normative juridical, normative juridical is research based on the analysis of legal materials in the form of several legal principles and several legal theories as well as laws and regulations that are in accordance with the problems in this study.","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134410259","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
Interpretation of Judges Toward Fasid and Batil Marriage 法官对法西德与巴蒂尔婚姻的解读
Trunojoyo Law Review Pub Date : 2019-02-05 DOI: 10.21107/tlr.v1i1.5259
Fitri Hidayat
{"title":"Interpretation of Judges Toward Fasid and Batil Marriage","authors":"Fitri Hidayat","doi":"10.21107/tlr.v1i1.5259","DOIUrl":"https://doi.org/10.21107/tlr.v1i1.5259","url":null,"abstract":"","PeriodicalId":164831,"journal":{"name":"Trunojoyo Law Review","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124300907","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
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