UNTAG Law Review最新文献_第2页

DETERMINATION OF PARENTS AS GUARDIANS OF BIOLOGICAL CHILDREN WHO ARE STILL MINORS IN THE SALE AND PURCHASE OF LAND RIGHTS (Analysis of the Determination of the Semarang Religious Court Case No. 396/Pdt.P/2022/PA.Smg) 买卖土地权利中父母作为未成年亲生子女监护人的认定(浅析三宝垄宗教法院第396/Pdt.P/2022/PA.Smg号案件的认定)

UNTAG Law Review Pub Date : 2023-06-20 DOI: 10.56444/ulrev.v7i1.4105

Setiyowati Setiyowati, Diana Ulfatun Khasanah

{"title":"DETERMINATION OF PARENTS AS GUARDIANS OF BIOLOGICAL CHILDREN WHO ARE STILL MINORS IN THE SALE AND PURCHASE OF LAND RIGHTS (Analysis of the Determination of the Semarang Religious Court Case No. 396/Pdt.P/2022/PA.Smg)","authors":"Setiyowati Setiyowati, Diana Ulfatun Khasanah","doi":"10.56444/ulrev.v7i1.4105","DOIUrl":"https://doi.org/10.56444/ulrev.v7i1.4105","url":null,"abstract":"Article 47 paragraph (1) Law no. 1 of 1974 concerning Marriage states that children who have not reached the age of 18 or have never been married, are under the authority of their parents as long as they are not deprived of their authority. However, what happened in the field was that many biological parents applied to the Semarang Religious Court for guardianship because they were asked by the PPAT on the grounds that it was the basis for making a Sale and Purchase Deed required by the National Land Agency (BPN), one of them in case number 396/Pdt.P/2022/PA.Smg. The formulation of the problem in this study: (1) What is the procedure for buying and selling land rights for minors? (2) Why does BPN require parents to be the guardians of biological children who are underage in buying and selling land rights? (3) What is the basis for the judge's considerations regarding the determination of parents as guardians of biological children who are still minors in the sale and purchase of land rights in case No. 396/Pdt.P/2022/PA.Smg? The research method used in this research is normative juridical research. The specifications in this study are analytical descriptive. Data is analyzed by way of Qualitative. The results of this study are (1) The procedure for transferring land rights owned by minors, namely the stages of the procedure in PPAT and the stages that must be fulfilled are permission to determine parental authority or determination of guardianship representing minors to the court. (2) The reason BPN requires the determination of parents is because it is the basis for making a sale and purchase deed and as legal evidence for the interests of the parties in the future. (3) The basis for the judge's consideration is that the assembly grants his request with consideration based on the principle of prudence and legal certainty","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129262393","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

ANALYSIS OF YOUTUBE CONTENT AS FIDUCIARY COLLATERAL IN SHARIA BANKING 分析YouTube内容作为伊斯兰银行的信托抵押品

UNTAG Law Review Pub Date : 2023-06-20 DOI: 10.56444/ulrev.v7i1.3881

Annisyatulhuda Rani Ayuningtyas Sutikno, Fairuz Sabiq

引用次数: 0

PRINCIPLE OF BENEFIT AND PUBLIC INTEREST: REFUSAL OF PROCUREMENT OF ELECTRIC SERVICE CARS BY THE MAYOR OF SOLO 利益原则和公共利益原则:索罗市市长拒绝采购电动服务车

UNTAG Law Review Pub Date : 2023-06-20 DOI: 10.56444/ulrev.v7i1.3509

Muhammad Rokhi Nazhir Al Fauzi, Vira Azra

{"title":"PRINCIPLE OF BENEFIT AND PUBLIC INTEREST: REFUSAL OF PROCUREMENT OF ELECTRIC SERVICE CARS BY THE MAYOR OF SOLO","authors":"Muhammad Rokhi Nazhir Al Fauzi, Vira Azra","doi":"10.56444/ulrev.v7i1.3509","DOIUrl":"https://doi.org/10.56444/ulrev.v7i1.3509","url":null,"abstract":"The General Principles of Good Governance are one of the main references applied by many countries in the world, especially developing countries as an effort to improve their governance systems. The General Principles of Good Governance are needed to limit the government's authority so as to avoid excesses of authority as well as a basic reference for achieving an appropriate policy. The purpose of conducting this research is to find out the application of the principle of public interest and the principle of benefit for the realization of \"good governance\" in the government of Gibran Rakabuming Raka, especially in his policy of refusing to procure electric cars as official vehicles contained in Presidential Instruction Number 7 of 2022. This research was conducted by using normative juridical research methods with data taken from previous research literature, legal literature, legal scientific journals, laws and regulations, online news, and others, which then resulted in a conclusion that the policy taken by Gibran Rakabuming Raka in rejecting procurement electric cars for official cars refer to the Principles of Public Interest and the Principle of Benefit","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115831783","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

LEGAL IMPLICATIONS ARISING FROM THE ISSUANCE OF THE MOTOR VEHICLE OWNER'S BOOK (BPKB) 签发汽车拥有人登记册所涉及的法律问题(bpkb)

UNTAG Law Review Pub Date : 2023-06-20 DOI: 10.56444/ulrev.v7i1.3710

Fitria Dewi Navisa, Fitri Adelia, Meidiana Cahya Anjarningtyas

{"title":"LEGAL IMPLICATIONS ARISING FROM THE ISSUANCE OF THE MOTOR VEHICLE OWNER'S BOOK (BPKB)","authors":"Fitria Dewi Navisa, Fitri Adelia, Meidiana Cahya Anjarningtyas","doi":"10.56444/ulrev.v7i1.3710","DOIUrl":"https://doi.org/10.56444/ulrev.v7i1.3710","url":null,"abstract":"According to Law No. 22 of 2002 from the juridical aspect, BPKB can be reviewed formally and materially. Formally, the definition of BPKB is a decree made and issued by a public employee of a state institution, the Indonesian National Police. While the material understanding is to include the contents of the decree of the owner of the motor vehicle, so about what is written or explained in it. Juridical Review of BPKB in Civil Relations, from the existence of legal events in the community, is often found the problem of civil disputes originating from The Book of motor vehicle owners or abuse of rights. In the Civil Code, the issue of abuse of this right can be sued under Article 1365 of the Civil Code by looking at the provisions in Article 1365 of the Civil Code, namely “any act/act against the law which by mistake causes damage to compensate for the loss”. The purpose of this writing is to find out whether the BPKB that has been issued is an authentic deed or document that states as the highest thing on moving goods/Motor Vehicles, want to prove or test the legal force of BPKB as a valid evidence according to to the law. The methodology used in this writing is based on empirical jurisprudence and the basis of existing realities in society or practice. Often found the existence of ownership of motor vehicles without being equipped with BPKB or the existence of BPKB whose material is expressed in it is not the same as the physical vehicle. Juridical influence on the owner of a motor vehicle, namely in addition to the right to enjoy the object, some obligations must be fulfilled by the owner of a motor vehicle.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130343868","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

LEGAL PROTECTION FOR MEMBERS OF THE MARTIAL ARTS PENCAK SILAT 法律保护武术笔杆的成员

UNTAG Law Review Pub Date : 2022-11-29 DOI: 10.56444/ulrev.v6i2.3468

H. A. Labibah, Arum Ayu Lestari

引用次数: 0

CONSTRUCTIVE ETHICS OF JUDGES IN INDONESIA; PROBLEMS AND STRATEGIC STRENGTHENING 印尼法官的建构性道德问题与战略加强

UNTAG Law Review Pub Date : 2022-11-29 DOI: 10.56444/ulrev.v6i2.3471

Achmad Musyahid Idrus, Hisbullah Hisbullah, S. Sofyan, Mulham Jaki Asti

{"title":"CONSTRUCTIVE ETHICS OF JUDGES IN INDONESIA; PROBLEMS AND STRATEGIC STRENGTHENING","authors":"Achmad Musyahid Idrus, Hisbullah Hisbullah, S. Sofyan, Mulham Jaki Asti","doi":"10.56444/ulrev.v6i2.3471","DOIUrl":"https://doi.org/10.56444/ulrev.v6i2.3471","url":null,"abstract":"The existence of judges has been positioned as a fundamental and influential instrument for law enforcement in Indonesia. The role of judges in examining, adjudicating and even deciding cases actually relies on ethics and morality which have been fully outlined by the Law and other derivative regulations. This study aims to unravel the ethical ideals of judges from a juridical perspective, the reality of ethical problems of judges and strategies to strengthen judges in Indonesia. This type of research uses library research or library research through a review of relevant library materials. The results of the study show that the scope of judge ethics includes personality ethics, ethics in carrying out their duties, ethics for colleagues or fellow judges and ethics towards society or seekers of justice which as a whole are intended as a means of progress and personality formation, as a means of social control, and as a guarantee increase in the morality of judges. Despite the fact, the ethics and morality of judges are faced with problems stemming from the weaknesses in the personality of judges internally and the tension and ineffectiveness of the supervisory system externally. Therefore, the realization of a strong oversight policy by involving the Supreme Court as internal oversight and the Judicial Commission as external oversight is a strategic answer to overcoming the decline in the integrity and morality of judges, and is supported by constructive efforts such as strengthening the essential performance of the Honorary Panel of Judges in examining and deciding alleged violations of the code of ethics, stimulated the performance of the liaison team and judge supervisory assistants, strengthened strict sanctions in line with reward and punishment policies and built responsive legal values and culture.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133644315","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

JURIDICAL STUDY OF LEASING OF HOSPITAL FOUNDATION ASSETS TO HOSPITALS IN THE FORM OF A LIMITED LIABILITY COMPANY 以有限责任公司形式将医院基金会资产租赁给医院的法律研究

UNTAG Law Review Pub Date : 2022-11-29 DOI: 10.56444/ulrev.v6i2.3470

Setiyowati Setiyowati

{"title":"JURIDICAL STUDY OF LEASING OF HOSPITAL FOUNDATION ASSETS TO HOSPITALS IN THE FORM OF A LIMITED LIABILITY COMPANY","authors":"Setiyowati Setiyowati","doi":"10.56444/ulrev.v6i2.3470","DOIUrl":"https://doi.org/10.56444/ulrev.v6i2.3470","url":null,"abstract":"Law number 28 of 2004 amendments to law number 16 of 2001 concerning foundations, in article 5 paragraph (1) explains that the assets of foundations are stopped or distributed directly or indirectly. In fact, there is a hospital from a foundation which, due to being pressured by the need to improve hospital management, the foundation which manages the hospital business unit forms a pt to manage the hospital business unit. This research discusses the role of a notary in the process of transferring assets from a hospital foundation to a hospital in the form of a limited liability company and what is the mechanism for the process of transferring assets from a hospital foundation to a hospital in the form of a limited liability company and what are the responsibilities of legal organ foundations in an effort to transfer the assets of a hospital foundation hospital to a hospital in the form of a limited liability company. This research is a normative juridical research with an approach based on the main legal material by examining the theories, concepts, legal principles and laws and regulations related to research. The results of the analysis are presented qualitatively. Data in the field was taken through interviews with the foundation and notary who made the lease deed. The results of this study are the role of the notary in the transfer of assets, namely the role of the notary as the maker of the land lease agreement owned by pt husada to khoirunissa hospital. The mechanism for the process of transferring assets from a hospital foundation to a hospital in the form of a pt is through a lease agreement. PT. Husada leases its assets in the form of land and is leased by the khoirunisa foundation on which a foundation hospital is built called rsia umi barokah.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130277919","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

LEGAL PROTECTION FOR WORKERS WHO HAVE WORK ACCIDENTS AND NOT REGISTERED IN THE BPJS PROGRAM 对发生工作事故但未在BPJS项目中登记的工人提供法律保护

UNTAG Law Review Pub Date : 2022-11-29 DOI: 10.56444/ulrev.v6i2.3461

Benny Bambang Irawan Nitinegoro, Mahmuda Pancawisma Febriharini

{"title":"LEGAL PROTECTION FOR WORKERS WHO HAVE WORK ACCIDENTS AND NOT REGISTERED IN THE BPJS PROGRAM","authors":"Benny Bambang Irawan Nitinegoro, Mahmuda Pancawisma Febriharini","doi":"10.56444/ulrev.v6i2.3461","DOIUrl":"https://doi.org/10.56444/ulrev.v6i2.3461","url":null,"abstract":"Writing this journal aims to determine legal protection for workers who experience work accidents and are not registered in the BPJS program. In national development the role of manpower is very important, so that protection of manpower is very much needed to guarantee the basic rights of workers/laborers and guarantee equality of opportunity and treatment without discrimination on any basis to realize the welfare of workers/laborers. Guarantee of personal protection and safety and interests during the work relationship.This writing uses a normative juridical approach. The specifications for this writing are \"discritical analysis\", because it will analyze the main issues under study based on statutory regulations.Workforce protection in the form of compensation in the form of money as a substitute for part of the reduced income as a result of events or circumstances experienced by workers in the form of work accidents, illness, pregnancy, old age and death. If a worker experiences a work accident, he is entitled to receive compensation in the form of money and medical expenses from the BPJS or from the employer if he has not registered as a BPJS participant. for freelance or contract daily workers if there is a work accident which results in him being unable to work, the company provides a policy of bearing hospital costs and not deducting wages on that day and the company is required to register with BPJS for health and employment in accordance with government regulations","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"158 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127374722","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 VALIDITY OF BAWASLU'S LEGAL DECISIONS HANDLING ELECTION VIOLATIONS 巴瓦斯卢处理选举违规行为的法律决定的有效性

UNTAG Law Review Pub Date : 2022-11-26 DOI: 10.56444/ulrev.v6i2.3455

Mushafi Mushafi

引用次数: 1

JURIDICAL REVIEW IN DETERMINING THE HEIR AND THE AMOUNT OF EACH SHARE BASED ON THE WESTERN INHERITANCE LEGAL SYSTEM 基于西方继承法律制度的继承人确定与份额确定的司法审查

UNTAG Law Review Pub Date : 2022-11-26 DOI: 10.56444/ulrev.v6i2.3453

H. Purnomo

引用次数: 0