PATTIMURA Legal Journal最新文献

{"title":"Kewenangan Notaris dalam Mewujudkan Kebahagiaan","authors":"R. Y. Sinaga","doi":"10.47268/pela.v2i1.8469","DOIUrl":"https://doi.org/10.47268/pela.v2i1.8469","url":null,"abstract":"Introduction: Civil relations, especially engagement relations, are a major factor in the growth and development of society.The actual form of the resulting agreement is the choice of the parties, but for the purposes of evidentiary law, the form of the agreement in a notarial deed (written) has a stronger position.   \u0000Purposes of the Research: The purpose of this study is to examine the authority of a notary in making authentic deeds and to review the existence of a notary's deed in providing happiness based on the agreement of the parties.   \u0000Methods of the Research: This research was carried out in a normative juridical manner, using bibliographical data as secondary data to examine rules and norms in law. \u0000Results Originality of the Research: The authority of a notary in making agreements is a mandate. The freedom to contract the parties accompanied by the principle of good faith is then stated in a notarial deed that should give happiness to the contracting parties. The position of a notary as an intermediary must accommodate the needs of the parties, both from the pre-contract stage, and the contractual stage to the post-contract stage. The notarial deed is also a means of happiness and light for the contracting parties","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122679728","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}

{"title":"Konsep Pemenuhan Hak Atas Pangan Bagi Masyarakat Di Wilayah Perbatasan Pada Masa Pandemi Covid-19","authors":"","doi":"10.47268/pela.v2i1.7560","DOIUrl":"https://doi.org/10.47268/pela.v2i1.7560","url":null,"abstract":"Introduction: The right to food is a very important right to fulfill, because without food, the survival and welfare of society cannot be realized. \u0000Purposes of the Research: Studying and knowing the concept of legal protection and fulfilling the right to food for people in border areas during the covid-19 pandemic. \u0000Methods of the Research: This study uses a normative legal research method with a descriptive analytical type of research. \u0000Results Originality of the Research: The results of the study show that the impact of the spread of the covid-19 pandemic has caused the fulfillment of the right to food for people in border areas to experience obstacles and is not fulfilled properly.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125957491","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}

{"title":"Perlindungan Hukum Bagi Hak-Hak Tenaga Kerja Dalam Pembagian Hutang Harta Pailit","authors":"Edy Sony, Nugrah Gables Manery","doi":"10.47268/pela.v2i1.8373","DOIUrl":"https://doi.org/10.47268/pela.v2i1.8373","url":null,"abstract":"Introduction: Differences in legal position related to the division of bankruptcy between creditors holding collateral and labor rights in the of the Bankruptcy Law and in other laws and regulations will actually create legal uncertainty in providing guarantees of protection to labor rights and cause conflicts between legal norms. \u0000Purposes of the Research: To find out the various provisions of laws and regulations governing labor rights for the division of bankrupt debts and synchronization between Law No. 37 of 2004 concerning Bankruptcy with other laws and regulations in regulating labor rights to the division of bankrupt and the application of legal protection of labor rights to the division of bankrupt debts.   \u0000Methods of the Research: The type of research used is normative juridical research. The nature of this research is descriptive. The data source used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using deductive methods. \u0000Results Originality of the Research: The research results show that the synchronization of Law Number 37 of 2004 concerning Bankruptcy with other provisions in the interpretation of the law has been assigned on the decision of the Constitutional Court Number 18/PUU-VI/2008 and 67/PUU-XI/2013 that the payment of labor wages must take precedence over the bills of the state and separatist creditors while severance and other rights are granted after the compliance of the invoices of separatist creditors. In addition, the legal position for labor is determined by the Law and the decisions of the Constitutional Court as a preferred creditor of the proceeds of the sale of the boedel and its enforcement of the law refers to the lex specialis derogat lex generalis while take to consideration other term governing the rights of creditors. Legal implications to bankruptcy companies, the compliance of labor rights is determined by the proceeds of the sale of boedel which is based on the provisions in Article 95 of Law No. 11 of 2020 about Omnibus Law as amended from the provisions regulated in Law No. 13 of 2003 about Manpower, Article 49 and Article 50 of Government Regulation No. 36 of 2021 about Wages.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130447333","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}

{"title":"Prinsip Miranda Rule Sebagai Hak Asasi Tersangka Dalam Sistem Peradilan Pidana Indonesia","authors":"Muammar Muammar, Wahdaniah Baharuddin","doi":"10.47268/pela.v1i3.7504","DOIUrl":"https://doi.org/10.47268/pela.v1i3.7504","url":null,"abstract":"Introduction: Often in the law enforcement process there is a form of crime, neglect of obligations, human rights violations related to the civil rights of citizens in the criminal justice system and abuse of power committed by apparat.  In our criminal justice system, the rights of suspects who are the basis of human rights attached to them are often overlooked, which is detrimental to suspects. \u0000Purposes of the Research: This research aims to find out how the Miranda Rule principle guarantees the human rights of suspects in the Indonesian criminal justice system. \u0000Methods of the Research: The methods used in this research are normative research methods, using a conceptual approach and a statute approach. \u0000Results Originality of the Research: the results showed that the Miranda Rule/Miranda Principle, in the form of Miranda Rights has provided guarantees for the rights of suspects. Namely, the right to obtain/contact legal counsel/advocate, and if unable to, then the right to be provided with legal counsel/advocates, the right to obtain legal assistance has been absorbed into articles 54, 55, and 114 of the Criminal Procedure Code of Indonesia, while if he is incapacitated, then the suspect has the right to be provided with legal counsel by the official concerned or through an investigator, as stipulated in article 56 paragraph 1 of the Criminal Procedure Code of Indonesia. As for the Miranda Warning (Right To Remain Silent), it is not expressly regulated, but implicitly it can be interpreted as its application in articles 52, 117 and 166 of the Criminal Procedure Code of Indonesia.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"197 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115655119","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}

{"title":"Kedudukan Hukum Objek Hak Atas Tanah Atas Perjanjian Pelepasan Hak Atas Tanah Yang Bayar Secara Cicilan","authors":"","doi":"10.47268/pela.v1i3.7508","DOIUrl":"https://doi.org/10.47268/pela.v1i3.7508","url":null,"abstract":"Introduction: Agreement on the transfer of land rights number 04/L/GGPG/IX/2013 dated September 11, 2013 which became the issue raised by the author. The agreement made in the letter of agreement is a default between the parties who are considered to have owned the land, but it is interesting to see the legal position of the object of land rights on the agreement to release land rights which is paid in installments (study of the supreme court decision 2875/k/pdt/2016.   \u0000Purposes of the Research: to answer how the legal position of the object of the right to the agreement to release the right to be paid in installments (study of the supreme court decision 2875k/pdt/2016.   \u0000Methods of the Research: The type of research used is normative juridical research. The nature of this research is descriptive. The data source used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using deductive methods. \u0000Results Originality of the Research: The position of the land object is on the seller's side because the conditions for the transfer of the object of land rights to the buyer are not valid in accordance with the provisions of the agrarian law, namely the legal requirements for registering the transfer of land rights.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114575767","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}

{"title":"Akta Perdamaian Oleh Notaris Sebagai Mediator Alternatif Penyelesaian Sengketa Di Luar Pengadilan","authors":"","doi":"10.47268/pela.v1i3.7507","DOIUrl":"https://doi.org/10.47268/pela.v1i3.7507","url":null,"abstract":"Introduction: Deed of Peace by a Notary is one of the authority by the Attributive for Notary. This is one of the notary's active roles to act to resolve disputes outside the court.   \u0000Purposes of the Research: The purpose of this study is to find out how the authority of a Notary as an Mediators in Alternative Dispute Resolution to make a dedd  of peace and how the legal force of a peace deed as an alternative dispute resolution outside court. \u0000Methods of the Research: This study case uses a normative juridical method by using a statutory and conceptual approach. \u0000Results Originality of the Research: Notary has the authority to make a Deed of Peace and act as Mediator in Alternative dispute resolution outside the court which has the same legal force as a court decision if it is registered with the court so it has executorial power.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114812685","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}

{"title":"Kekuatan Eksekutorial Sertifikat Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor: 18/PUU-XVII/2019 Dan Putusan Mahkamah Konstitusi Nomor: 2/PUU-XIX/2021","authors":"Syadzwina Hindun Nabila","doi":"10.47268/pela.v1i3.7513","DOIUrl":"https://doi.org/10.47268/pela.v1i3.7513","url":null,"abstract":"Introduction: The Fiduciary Guarantee Certificate has the same executorial power as court decisions that have permanent legal force. Execution through a public auction of the object of Fiduciary Security without going through a court.   \u0000Purposes of the Research: The Purpose Of This Study Is To Answer The Legal Review On The Executorial Power Of Fiduciary Certificates Post-Decision Of The Constitutional Court Number: 18/PUU-XVII/2019 And The Decision Of The Constitutional Court Number: 2/PUU-XIX/2021.   \u0000Methods of the Research: This study uses a normative juridical method by using a statutory approach and a conceptual approach. \u0000Results Originality of the Research: The execution of fiduciary guarantees is carried out when there is an agreement regarding the breach of contract and the willingness of the debtor to surrender the object that is the object of the fiduciary. If there is no agreement regarding the breach of contract and the debtor does not submit the object of collateral voluntarily, then the execution procedure of the fiduciary guarantee is carried out the same as the execution of a court decision that has permanent legal force, namely by submitting a request for execution to the district court. In addition, breach of contract also cannot be determined unilaterally. There must be an agreement regarding the breach of contract/default determined by both parties or on the basis of legal remedies (lawsuits) stating that one of the parties has defaulted.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122951581","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}

{"title":"Dualisme Makna Akta Pengakuan Hutang","authors":"R. Y. Sinaga","doi":"10.47268/pela.v1i3.7506","DOIUrl":"https://doi.org/10.47268/pela.v1i3.7506","url":null,"abstract":"Introduction: Deed of debt recognition as an authentic deed can be made in two forms, namely as a debt agreement or equivalent to a credit agreement and as an assessor agreement of a credit agreement deed that is grosse deed. Both types of debt acknowledgment deeds are still used in public life, the benefits and functions of each deed are different, because the position is different, the impact of the deed is also different.   \u0000Purposes of the Research: The purpose of this research is to see the differences in the actualization of the deed of recognition of debt in practice and to examine the position of the deed of debt recognition and the contribution of each deed in the legal relationship of the parties.   \u0000Methods of the Research: This research was conducted in a normative juridical manner, namely by examining the existing secondary data in the field of law as library data which is focused on examining the application of rules or norms in positive law so that the data used by the author is secondary data. \u0000Results Originality of the Research: The dualism of interpreting the meaning of debt recognition basically has the same hope, namely the existence of a legal relationship in debts and receivables, the position deed of debt recognition as an authentic deed has a formal function and the function of evidence, the strength of the debt recognition deed provides perfect evidentiary power. The position of debt recognition as a grosse deed should not be merely a scrap of paper because it requires a follow-up to the imposition of collateral through a separate deed of guarantee, then the debt recognition as an assessor agreement becomes an intermediary deed which seems futile. The dualism of the meaning of this deed of recognition of debt would not occur again and provide a harmonious understanding. if you really want to emphasize it, you should use the term 'debt agreement or credit agreement' which is domiciled as the main agreement, without a grosse deed followed by the binding of special guarantees, both individual and material guarantees for the interests and legal protection of the parties.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115982490","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}

{"title":"Kewenangan Pemerintah Daerah Dalam Pengelolaan Pertambangan Mineral Batubara","authors":"Lineke Baura, M. J. Saptenno, Jemmy Jefry Pietersz","doi":"10.47268/pela.v1i3.6753","DOIUrl":"https://doi.org/10.47268/pela.v1i3.6753","url":null,"abstract":"Introduction: Based on Act Number 4 of 2009 and Act Number 23 of 2014, Local Governments have authority in the management of minerals and coal mining. But with the determined by Act Number 3 of 2020, domination of minerals dan coals mining is held by Central Government. \u0000Purposes of the Research:  For this reason, it is necessary to review the constitutional right and authority of Local Goverment to held minerals and coals mining. \u0000Methods of the Research: The type of research used in this study is a normative juridical research that is descriptive analytical by using statute approach and conceptual approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials through literature studies. \u0000Results of the Research: Based on the results of the study, minerals and coals mining is one of government affairs that is distributed to Local Government in accordance with Act Number 3 of 2020. The authority cannot be removed by the regulations contained of Act No. 3 of 2020. This is contrary to Local Government’s constitutional rights and The 1945 Constitution of State of Republic of Indonesia.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131257760","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}

{"title":"Penerapan ILO Convention Nomor 111 Ke dalam Undang-Undang Ketenagakerjaan Di Indonesia","authors":"Layla Murni, E. Hz, Ledy Diana","doi":"10.47268/pela.v1i3.6664","DOIUrl":"https://doi.org/10.47268/pela.v1i3.6664","url":null,"abstract":"Introduction: Discrimination in employment and occupation through the Law of the Republic of Indonesia Number 21 of 1999 concerning Ratification of the ILO Convention No. 111 Concerning Discrimination In Respect Of Employment And Occupation by implementing it in Article 5 of Law Number 13 of 2003 concerning Employment. However, Article 5 Law 13 of 2003 concerning Manpower have not specifically defined discrimination so that there is still discrimination against job seekers in company job vacancies.   \u0000Purposes of the Research: To find out how the implementation of ILO Convention No. 111 into the Indonesian Manpower Act regarding legal protection for job seekers from discriminatory work requirements and find out what Indonesia's policies are after ratifying ILO Convention No. 111. \u0000Methods of the Research: The type of research used is normative legal research, namely using literature studies in searching the data. \u0000Results Originality of the Research: The results showed the application of the ILO Convention No. into the Indonesian Manpower Law regarding Legal Protection for Job Seekers. Indonesia's labor regulations are still not specific in terms of discrimination in the field of employment, so it is necessary to make more detailed and specific rules regarding this matter which can later become a clear legal basis in terms of discrimination in the field of employment and protect the rights of Indonesian job seekers.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"11958 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123353385","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}