Nommensen Journal of Legal Opinion最新文献

{"title":"TANGGUNG JAWAB BANK ATAS HASIL LELANG EKSEKUSI HAK TANGGUNGAN YANG DIBATALKAN PENGADILAN (Studi Putusan Nomor 24/Pdt.Bth/2017/PN Stb)","authors":"Subhan Amnan","doi":"10.51622/njlo.v3i1.442","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.442","url":null,"abstract":"The main activity of the Bank in general is to collect as much funds as possible from the public in the form of savings, and then manage these funds to be redistributed to the public in the form of loans or credits. In order to be able to carry out the granting of credit, there must be an agreement or credit agreement between the Bank as a creditor and the customer receiving credit as a debtor, using the terms and conditions mutually agreed upon by both parties in the credit agreement. The problems in this research are: how is the responsibility of the Bank for the auction of mortgage executions that have been canceled by the Court, how is the analysis of the judge's legal considerations in the decision Number 24/Pdt.Bth/2017/PN STP on the execution of mortgage auction objects that cannot be controlled by the winner auction, How is the legal protection for the winner of the mortgage auction for the execution of the auction object that cannot be controlled due to a court decision. This research is normative in nature, therefore research is needed which is a main plan in the development of science. This method is done by researching library materials or secondary data as the basic material for research The results show: there are two factors that influence the cancellation of mortgage auctions by the stabat district court, namely internal factors and external factors. Internal factors, such as: The parties who were not present during the trial which made the judge conclude that the parties did not have good faith in the trial so that the district court judge canceled the results of the mortgage auction. External factors, such as: where the bank auctions the mortgage object below the limit value of the object so that it does not match the value of the auction object so that the judge cancels the execution of the mortgage auction. The legal consequence of the cancellation of the mortgage auction is that the auction winner cannot control the object of the mortgage auction so that the auction winner gets a loss for the execution of the auction.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124617689","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":"ANALISIS HUKUM PENGGUNAAN SURAT KUASA YANG MELEBIHI TUJUANNYA (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 1189K/Pdt/2017 dan Putusan Pengadilan Negeri Cibinong Nomor 104//Pdt.G/2012/Pn. Cbn.)","authors":"Raskita J.F. Surbakti","doi":"10.51622/njlo.v3i1.414","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.414","url":null,"abstract":"Misuse of power of attorney in a civil case includes, among other things, if the power of attorney contains beyond the limit of authority granted by the power of attorney to the recipient of the power of attorney, so that the power of attorney can be used to commit a legal act that is inconsistent with or deviates from the intention or purpose of the person giving the power of attorney. power. The power of attorney is often a problem in view of the restrictions, legal consequences and protections that connect with third parties. The problem of power in this thesis is reviewed based on the decision No. 104 / PDT.G / 2012 / PN.Cbn and Decision Number 1189K / Pdt / 2017. The formulation of the research problem is: discussing the regulation of limiting the provision of power of attorney based on civil law in Indonesia, due to the legal agreement of the beneficiary that exceeds his authority and legal protection of third parties who suffer losses due to the use of a power of attorney beyond their authority The type of research used in this thesis is normative legal research, the nature of the research used is descriptive analytical research. \u0000This study uses library data collection techniques (library research). The data analysis used in this thesis research is qualitative data analysis. The limitations on granting power of attorney in the Civil Code are seen in Article 1794 to Article 1798 of the Civil Code which explains the granting of power based on what the giver is responsible for with the substance of the power of attorney's wages, form of power, power of attorney, provisions for exercising power of attorney and whoever can receive power. \u0000Decision Number 1189K / Pdt / 2017, the power of attorney even in the form of apparent power of attorney made based on the receivables of the power of attorney is not allowed by the court to make a sale and purchase deed based on a power of attorney against him even though the power of attorney has a debt against him Decision No. 104 / PDT.G / 2012 / PN.Cbn explained that in relation to the legal position based on the results of the court punishing the power of attorney to return what is the right of the power of attorney is a form of proof of the power to bind the power of attorney as a form of agreement. The agreement that has been agreed upon is only to offer and find a buyer but is carried out in fact selling the object of the dispute. Third party protection is obtained based on Article 1491 of the Civil Code which reads: \"The coverage which is the obligation of the seller to the buyer is to guarantee two things, namely: first, control of the goods being sold in a safe and secure manner; second, for the existence of hidden defects in the goods, or in such a way as to issue a reason for the cancellation of the purchase ”.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116929138","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":"ANALISA YURIDIS KEDUDUKAN PEMERINTAH DESA DALAM PENGGUNAAN DANA DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA","authors":"Elita Tampubolon","doi":"10.51622/njlo.v3i1.617","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.617","url":null,"abstract":"State of Indonesia is a Unitary State, in the form of a Republic, where in all countries there is only one government, namely the Central Government, but a form of decentralization still needs to be carried out. Decentralization as the forerunner to the birth of regional autonomy which in the end also gave birth to village government as the smallest scope in implementing the autonomy system. This study aims to find out how the form of the position of the Village Government in Indonesian Constitutional Law in terms of organizing government activities on the use of village funds based on Law Number 6 of 2014 concerning Villages. The benefit of this research is to increase understanding of the form of the Village Government's position and its duties, authorities, rights and responsibilities based on the provisions of the Act. This writing uses the method in normative legal research, the author in his research collects secondary data related to the problems discussed then analyzed and stated descriptively. The division of power in the administration of government inIndonesia is horizontal and vertical. Horizontally, it is known as the division of legislative, executive and judicial powers, while the vertical division of power is the division of power between several levels of government. Village government is the administration of government affairs and the interests of the local community in the Government System of the Unitary State of the Republic of Indonesia. As the smallest level of government scope, it is carried out by the Village Government. The village government is the village head or what is called by another name assisted by village officials as an element of village administration. The Village Head is in charge ofadministering Village Government, implementing Village Development, developing Village community, and empowering Village communities. As the organizer of the Village Government, the Village Head is the holder of the highest authority in the Village Government system, while in the government system Indonesian, the Village Government is under the Regency/City government. In accordance with Law no. 6 of 2014, the implementation of Village Government is based on the principles of:  openness, proportionality, professionalism, accountability, effectiveness and efficiency,wisdom local, diversity and participation.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114524544","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":"PENGAKUAN DAN PERLINDUNGAN HUKUM TERHADAP KEBERADAAN MASYARAKAT HUKUM ADAT BATAK TOBA","authors":"Roki Suriadi Pasaribu, Janpatar Simamora","doi":"10.51622/njlo.v3i1.606","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.606","url":null,"abstract":"The existence of tribute people in the Constitution of 1945, the result of amandement has acknowledged and appreciated in chapter 18 B verses 2. This chapters give position of constitusion to tribute people dealing with state, how they are performed. This coming of tribute people is fact that history can be avoided by government. The regional government is given the authorization to make rules clearly. It can raise conflict either for between regional or regional government with certain law society. Since reformation, law of civil society in indonesia demands much their rights which are stolen by government or other certain groups.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132821322","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":"IMPLEMENTASI HAK ANGKET DEWAN PERWAKILAN RAKYAT DALAM MELAKUKAN KONTROL ATAS KEBIJAKAN PEMERINTAH","authors":"Daniel Panggabean","doi":"10.51622/njlo.v3i1.609","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.609","url":null,"abstract":"The Inquiry rights is the right of the DPR to conduct an investigation into the implementation of a government law and/or policy relating to important, strategic, and broad impact on community, national, and state life that is suspected to be contrary to laws and regulations. The DPR's inquiry rights relating to the implementation of the DPR oversight function are “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions. In Indonesian constitutional practice, the right of questionnaire is rarely implemented. Twice carried out during the reign of the old order and twice during the reign of the new order. The use of questionnaire rights in the current presidential system shows a significant increase. This research uses normative juridical methods that are descriptive analytical. Basically, the right of inquiry is a constitutional right of the House of Representatives in the constitutional system of the Republic of Indonesia as part of carrying out the function of supervision and balance over the executive. As a result of the law of application of the right of questionnaire, the House of Representatives can exercise the right to express opinions.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133413942","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":"URGENSI REGULASI PENATAAN RUANG DALAM RANGKA PERWUJUDAN PEMBANGUNAN BERKELANJUTAN","authors":"Janpatar Simamora, Danang Sarjono","doi":"10.51622/njlo.v3i1.611","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.611","url":null,"abstract":"Currently, spatial planning has been placed as one of the important components that will determine the success or failure of the development process of a region, especially in the context of the sustainable development process. On the other hand, population growth that is increasingly rapid from time to time ultimately creates an obligation for the government to regulate various facilities for the needs of human life. Through research conducted in a normative juridical manner, the research shows that spatial planning policy is one of the efforts in the context of realizing sustainable development. In line with that, the existence of law in any spatial planning will greatly determine the success or failure of the spatial planning policy itself. The urgency of spatial planning must be interpreted as the main agenda in the context of planning the development of a country or region. Spatial planning will greatly determine the progress of the development of a region. Thus, spatial planning policy must be seen as an instrument that can direct and build humans towards a better civilization in the future.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131455346","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":"ANALISIS HUKUM PEMBUATAN AKTA WASIAT DI HADAPAN NOTARIS YANG DIBATALKAN OLEH PENGADILAN (Studi Putusan Mahkamah Agung Nomor 3124K/PDT/2013)","authors":"Putra Alexander Sitepu","doi":"10.51622/njlo.v3i1.465","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.465","url":null,"abstract":"The objectives of this research are to discover and analyze the implementation of inheritance law according to the laws prevailing in Indonesia, to discover contradiction of legal protection for holder of the right of building whose property is inherited to another person, in relation with the verdict of the Supreme Court No. 3124 K/Pdt/2013, and to discover as well as to analyze the legal consequences for the deed of will containing an object that should not have been inherited inrelation with the District Court Ruling No. 53/Pdt.G/2012/Pn. Jkt Selatan. The deed of will drawn up by a notary resulted from his negligence has the power to be evidence that proves it as an underhanded deed, which contains mistakes as violation performed by the notary or defects in its form. In addition, it may be annulled when the deed of will harms another party and the harmed party requests for civil annulment to the Judge with evidence. According to the provisions inArticle 84 of the Notarial Act, such deed has the power to prove it as an underhanded deed, so it may be annulled when the harmed party is able to prove it in the court. The drawing up of a deed must fulfill three element, namely physical, formal and material elements. If one of the elements is not true, it may cause a civil case which truth can be proven. As to the implementation of the inheritance law in the verdict, it is stated that the illegal action in drawing up the deed of will; inwhich the defendant puts property of the plaintiff in his will grounded on a deed of will, is annulled to guarantee legal protection for the plaintiff (article 1365 of the Civil Code). Furthermore, the drawing up of the will is declared to be null and void because the person appearing is not in good health state or is not healthy. As to its legal consequences, that the property contained in the will does not belong to the inheritor. the deed becomes null and void according to article 834 of the Civil Code. As previously mentioned. The annulment of the deed guarantees the rights of the plaintiff whose property was previously put in the defendant's will.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"739 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115131311","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 GURU YANG MANGALAMI PENGADUAN AKIBAT TINDAKAN GURU SAAT MENJALANKAN PROFESI MENGAJAR","authors":"Nanang, Herlina Manullang, July Esther","doi":"10.51622/njlo.v3i1.612","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.612","url":null,"abstract":"Legal protection for teachers is interpreted as efforts made by the government to protect teachers and other education personnel in carrying out their professional duties, both protection in legal, welfare, professional and social aspects. Through research conducted in a normative juridical manner, this study concludes that legal protection for teachers in the education process related to violent crimes has been fully regulated in various laws such as Law Number 14 of 2005 concerning Teachers and Lecturers and Government Regulation Number 74 of 2008 About Teachers. Where it is explained in the two laws that punishment and sanctions are given to students with the aim of teaching by the teacher not to be a violent crime. Legal protection for teachers in the educational process related to acts of violence in the education sector should be implemented using a penal policy and a non-penal policy. The use of this policy by looking at the factors and background of criminal acts in the field of education occurred, especially by considering the objectives of the teaching process carried out by teachers.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116594616","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":"PENGATURAN DAN PENERAPAN JAMINAN KEBEBASAN BERAGAMA SEBAGAI HAK ASASI MANUSIA DALAM PERSPEKTIF UUD 1945 SEBAGAI HUKUM DASAR NEGARA","authors":"Martin P Siringoringo","doi":"10.51622/njlo.v3i1.618","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.618","url":null,"abstract":"The guarantee of human rights through the 1945 Constitution of the Republic of Indonesia provides two meanings, first that the Indonesian Constitution contains the characteristics of a modern constitution, and secondly, it is the purpose of the state as a state of law (rechtstaat). This guarantee should be the basis for the protection of religious freedom which is one of human rights. However, the reality is that violations of religious freedom continue to increase, whether committed by individuals, groups, or the government. This thesis discusses Human Rights withthe understanding of Constitutionalism. The method used in this thesis is normative juridical. From the results of the analysis, one can conclude that even though freedom of religion is a human right that cannot be reduced under any circumstances. However, the Basic Law provides limitations in exercising religious freedom. In other words, that freedom of religion in Indonesia is not an absolute freedom. The guarantee of religious freedom is the responsibility of the state,especially the government as mandated by the 1945 Constitution of the Republic of Indonesia through legislation. The mandate is implemented in Indonesia in the Human Rights Law, the Law on Child Protection, the Law on the National Education System, the Law on Population Administration, and the Law on the Elimination of Racial and Ethnic Discrimination","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131128453","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":"IMPLEMENTASI DAN EFEKTIVITAS KEBIJAKAN PEMERINTAH DALAM BENTUK BANTUAN PANGAN NON TUNAI TAHUN 2020 DI KECAMATAN SORKAM KABUPATEN TAPANULI TENGAH","authors":"Juanda Sihombing","doi":"10.51622/njlo.v3i1.616","DOIUrl":"https://doi.org/10.51622/njlo.v3i1.616","url":null,"abstract":"One of the programs established by the government to reduce the burden on the community in meeting basic needs is the Non-Cash Food Assistance Program (BPNT). This study aims to determine the implementation of the Non-Cash Food Assistance Program (BPNT) in Sorkam District, Central Tapanuli Regency. This research is a qualitative descriptive study. Data collection techniques used are observation, interview, and documentation techniques. Determination of informants using purposive sampling technique. The data validity technique used is triangulation. The results of the research regarding the Implementation of the Non-Cash Food Assistance Program (BPNT) in Sorkam District, in Interorganizational Communication; The socialization carried out by the implementing actors has been carried out properly and sustainably, namely before the launch of the BPNT program through E-Warong in Sorkam District and monthly socialization by the companion party to the target group. Implementing Characteristics; The process of implementing the BPNT policy in Sorkam District has been optimal and is felt by the community. However, the behavior of implementing agents in service still needs to be improved. Social, economic and political conditions; the social situation is still not good because there are still some residents who are illiterate so that in conducting transactions the BPNT program has difficulty. For the economic situation of the community can still be said to be stable and the political situation in Indonesia is also not experiencing problems. The disposition or attitude of the executor; implementor that the parties involved provide a good response to the implementation of the BPNT program which will later be able to achieve its goals properly. All the implementers involved have actually carried out their respective tupoksi, it's just that there are implementors who are reluctant to carry out their duties.","PeriodicalId":443920,"journal":{"name":"Nommensen Journal of Legal Opinion","volume":"467 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121770604","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}