Journal Title : Wijayakusuma Law Review Initials : WLR Frequency : Juni dan Desember Print ISSN : 2772-9149 Online ISSN : 2772-9157 Editor in Chief : Eti Mul Erowati DOI : 10.51921 Publisher : Faculty of Law Universitas Wijayakusuma Wijayakusuma Law Review is a peer-reviewed journal published by the Faculty of Law Universitas Wijayakusuma, Purwokerto. It published Twice a Year (June and December). Wijayakusuma Law Review aims to pro ide a forum for lecturers and researchers to publish original articles about the Science of Law. The focus of Wijayakusuma Law Review is publishing the manuscript of a research study or conceptual ideas. We are interested in topics that relate to Science of Law issues in Indonesia and around the world
Faculty of Law, Universitas Wijayakusuma Purwokerto
Artificial Intelligence Sebagai Pelaku Kejahatan
The rapid development of Artificial Intelligence (AI) has created new challenges in criminal law, particularly when autonomous systems perform actions that cause harm and potentially fulfil the elements of a criminal offence. Indonesia’s criminal law framework, which remains anthropocentric and limits legal subjects to humans and corporations, does not yet provide an adequate mechanism to determine criminal liability for acts committed by AI. This study aims to analyze the possibility of applying criminal liability to AI as a perpetrator and to identify the parties who may be held accountable when AI acts independently beyond direct human control. This research employs a normative juridical method by examining statutory regulations, criminal law theories, legal doctrines, and international regulatory developments concerning AI. Data were collected through literature studies on digital criminal law, modern liability concepts, and global frameworks such as the European Union Artificial Intelligence Act. The findings indicate that AI cannot fulfil the mens rea requirement under classical criminal liability theory, and therefore cannot be considered a criminal legal subject in the traditional sense. However, AI-generated actions may produce real and significant legal consequences, necessitating alternative models of liability. Three approaches are relevant: vicarious liability, which attributes responsibility to developers or operators; strict liability for high-risk AI systems; and shared liability, which distributes accountability proportionally among involved parties. The concept of electronic legal personhood may also be considered to ensure functional accountability. This study concludes that Indonesia must reform its criminal law by reconstructing the concept of legal subjects, the notion of fault, and the structure of liability in order to effectively and fairly respond to the evolving challenges posed by AI technologies. Keywords: Artificial Intelligence, criminal liability, legal subject
Copyright (c) 2025 Wijayakusuma Law Review https://creativecommons.org/licenses/by/4.0
Analisis Pembatalan Perkawinan Poligami Liar
Correctional Institutions are places designed to accommodate and nurture inmates. Prisoner coaching is carried out This study examines the judge's considerations in deciding the case of annulment of marriage on the grounds of polygamy without permission from the court and the first wife, based on the study of decision Number 284/Pdt.G/2024/PA.Sky in the Sekayu Religious Court. The purpose of this study is to determine the legal basis, arguments, and implications of the decision to annul a polygamous marriage without obtaining permission from the court and from the first wife (Wild polygamy) as regulated in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI). This study uses a normative legal approach and case study, by analyzing court decisions and literature reviews. The results of the study show that the legal position of a polygamous marriage (Wild) that does not have permission from the first wife and permission from the court but has been registered at the KUA is as follows: the marriage between Respondent I and Respondent II is an Illegal polygamous marriage because there is no permission from the Religious Court for polygamy. This is very contrary to the provisions of Article 20 and Article 21 paragraph (1) of Law Number 1 of 1974 in conjunction with. Article 6 paragraph (2) letter (f) of Government Regulation Number 9 of 1975, so the marriage of Respondent I and Respondent II is invalid and has violated the provisions of Islamic law and the provisions of applicable laws, so that the marriage and Marriage Certificate and extract of marriage certificate Number 1606011072023034 dated July 14, 2023 which was made by the Religious Affairs Office of Sekayu District, Musi Banyuasin Regency, must be declared invalid and have no legal force.
PERLINDUNGAN KONSUMEN DALAM PRAKTIK PENGEMBALIAN UANG KOIN DENGAN PERMEN(Studi Kasus Terhadap Usaha Retail Di Kota Purwokerto)
Consumer protection in Indonesia is an important aspect of maintaining fairness and transparency in economic transactions. This study aims to examine the practice of returning change in the form of candy, which still frequently occurs in society, and its implications for consumer rights. The research method used is normative legal research with a qualitative approach, relying on secondary data from legislation, literature, and interviews with consumers and business actors. The results of the study indicate that the practice of returning change in the form of candy violates Law No. 8 of 1999 on Consumer Protection and Law No. 7 of 2011 on Currency. This practice creates legal uncertainty for consumers, financially harms them, and violates fundamental consumer rights, such as the right to receive clear information, the right to choose, and the right to be treated fairly. Additionally, this practice also poses potential health risks for consumers who cannot consume candy. This study suggests the need for increased public awareness of consumer rights, tighter government oversight of business actors, and consistent law enforcement to protect consumer rights. Thus, it is hoped that a fairer and more responsible business environment will be created, where consumer rights are respected and protected.
Legal Protection, Consumer, Refund, Money, Candy.
Pelaksanaan Pembinaan Narapidana Pada Lembaga Pemasyarakatan Super Maximum Security Di Lembaga Pemasyakatan Kelas I Batu Nusakambangan
Correctional Institutions are places designed to accommodate and nurture inmates. Prisoner coaching is carried out through a correctional revitalization program. The goal of inmate development that needs to be achieved through the revitalization program is to improve the quality of the inmate coaching function in encouraging behavior change and reducing the level of inmate risk through implementing intervention programs for inmates in stages with accountable assessments. Coaching is expected to change inmates into better individuals and prevent them from repeating the same crimes. However, reality shows that there are still many inmates who, after serving their sentences, return to crime and become recidivists. Based on the concept of coaching in the form of Correctional Revitalization, the prison classification is differentiated based on the characteristics of the inmate's risk level, namely Super Maximum Security, Maximum Security, Medium Security, and Minimum Security Prisons. This study examines how to implement inmate coaching in the Super Maximum Security Prison in Batu Nusakambangan Class I Prison and identifies obstacles or obstacles faced during the process, especially in the Batu Nusakambangan Class I Correctional Institution. The purpose of this study is to understand the appropriateness of the implementation of inmate coaching and identify existing obstacles. The method of approach to this research uses a juridical-empirical approach, the data used is primary data through interviews with sources and secondary data as supporting data in the form of legal materials, analyzed thoroughly with the specifications of descriptive research analysis. All results that have been collected will be compiled in the form of descriptions to facilitate data implementation and understanding of analysis. From the research results, it can be concluded that the implementation of Prisoner Development in the Super Maximum Security Prison runs by the applicable Regulation of the Minister of Law and Human Rights Number 35 of 2018.
Implikasi Hukum Dari E-Commerce Dalam Perspektif Perlindungan Konsumen
This study aims to analyze the implications of the development of e-commerce for consumer protection in today's digital era. With the increase in online transactions, consumers face various challenges, including data security, fraud, and unclear product information. This study explores how consumer protection regulations and policies have been adapted to address these issues. The research method used is a literature review and descriptive analysis of regulations in force in several countries. The results indicate that although several countries have developed legal frameworks to protect consumers in e-commerce transactions, gaps remain that require further attention, particularly in law enforcement and consumer education. This study suggests the need for more comprehensive regulatory updates and effective education strategies to increase consumer awareness in the digital environment. Thus, the implications of e-commerce from a consumer protection perspective emphasize the importance of collaboration between the government, e-commerce service providers, and consumers to create a safe and transparent ecosystem.
Legal Implications, E-Commerce, Consumer Protection, Data Privacy, Consumer Rights
Dampak Over Kapasitas Bagi Warga Binaan Pemasyarakatan (WBP) Di Rumah Tahanan Negara Kelas IIB Purbalingga
Overcapacity in State Detention Centers (Rutan) is a serious issue in Indonesia's correctional system. This study aims to analyze the impact of overcapacity on Correctional Inmates (WBP) at Class IIB Purbalingga Detention Center and identify efforts to address this problem.This research employs a qualitative method with a normative and empirical juridical approach. Data was collected through interviews with WBP and detention center officers, as well as literature studies and direct observations. The findings indicate that overcapacity at Class IIB Purbalingga Detention Center results in various negative impacts, including deteriorating health conditions due to overcrowding, increased psychological stress leading to conflicts among inmates, and reduced effectiveness of rehabilitation programs. Additionally, limited staff resources lead to suboptimal supervision and services for inmates.Efforts to address overcapacity include assimilation programs, accelerated parole processes, and improvements to detention center facilities. However, challenges remain, such as high recidivism rates and the limited implementation of alternative sentencing policies. Therefore, comprehensive policy reforms are needed, including the application of restorative justice concepts to reduce inmate populations and enhance the quality of Indonesia's correctional system.
Overcapacity, Correctional Inmates, Detention Center
Analisis Teori Hubungan Kausalitas dalam Hukum Pidana (Studi Putusan Pengadilan Negeri Atambua Nomor 140/Pid.B/2016/PN.ATB)
Causal relationships refer to cause-and-effect connections, where an event or phenomenon can serve as the cause or trigger for the occurrence of another event or phenomenon; this is one form of inductive reasoning. Inductive reasoning is used to draw a general conclusion from specific factual events. Regarding the application of causal relationship theories to the events in the Atambua District Court Decision Number 140/Pid.B/2016/PN.ATB, there are several differences in determining the causal factors of an outcome, namely the victim's death. Generally, the factor considered as the cause by causal relationship theories is the sixth factor. Exceptions include the conditio sine qua non theory, which regards all factors as causes, and the subjective adequacy theory, which also takes the second factor into account.
Inductive Reasoning, Causal Relationship, Causal Relationship Theories, Criminal Law
Kendala Penerapan Kawasan Tanpa Asap Rokok di Puskesmas Kedungbanteng Kabupaten Banyumas
Kedungbanteng Community Health Center is one of the health service facilities in Banyumas Regency which should have implemented a 100% smoke-free area, but in reality, until now there are still visitors who smoke in the health center parking area, which shows that there is no compliance with the regulations set by the government. Based on Banyumas Regency Regional Regulation Number 26 of 2016 concerning Smoke-Free Areas, smoking is not permitted in areas that have been designated as smoke-free areas, including in health service facilities. The approach method used in this study is normative juridical, namely an approach that uses a positivistic legislative concept. The positivistic legislative concept is a written normative system created and promulgated by authorized officials and views law as an independent, closed, and separate normative system from real community life. The obstacle faced is the lack of knowledge and compliance from patients and the surrounding community or those who are accompanying patients to the Kedungbanteng Community Health Center that the health area is a Smoke-Free Area. It was directly found that there are still visitors to the Community Health Center who still smoke in the parking area. This is due to ignorance and the fact that the area is a no-smoking area. Furthermore, smoking has become a habit, often leading people to take the time to smoke while waiting.
Wanprestasi Dalam Perjanjian Jual Beli Khususnya Yang Disebabkan Adanya Cacat Tersembunyi
The main obligation of the seller in the sale and purchase agreement is to give up property rights over the object being traded and to bear enjoyment over the object and to bear any hidden defects. In Article 1504 of the Civil Code, namely the seller is obliged to bear hidden defects in the object being sold, which makes the object unable to use the intended use, or thereby reduces the use of it, so that if the buyer finds out about the defect, he will absolutely not buy the item, or will not buy it other than at a lower price. However, determining the size of the existence of a hidden defect in each person will be different, there may be someone who can accept the object he bought, even though according to the opinion of other buyers the object has hidden defects. The existence of hidden defects in the objects purchased can result in losses to the buyer because they do not get the object as expected in accordance with what has been previously agreed between the seller and the buyer, and will have legal consequences for the parties. From these descriptions, it encourages the author to write about a study of hidden defects in the agreement in the sale and purchase of movable objects. The research approach method used is juridical normative, while the research specification used is descriptive analysis.
Hidden Defects, Movable Objects, Agreements, Sale and Purchase
Kajian Hukum Berperspektif Gender Pada Peran Hakim Dalam Menekan Angka Perkawinan Anak
The purpose of this study is to determine the efforts of religious court judges to reduce the number of child marriages from a gender perspective based on the stipulation Number 204/Pdt.P/2020/PA.Tgt and to explain the obstacles for judges in reducing the number of child marriages from a gender perspective. In this thesis research, the author uses a normative legal approach method, namely by combining the problems discussed by examining laws and regulations, various legal theories and jurisprudence. The results of the study indicate that the prospective bride and groom have not reached the minimum age for marriage that has been set by the government. The legal basis for the Law on Marriage in Indonesia is Law Number 1 of 1974 and Law Number 16 of 2019. Law 16 of 2019 is an amendment to Law Number 1 of 1974, with that the prospective bride and groom must prepare administrative documents such as a letter of rejection from the KUA, family card, marriage certificate, birth certificate, and income statement. There are several obstacles for judges to be able to reduce the number of child marriages from a gender perspective, such as the lack of a Recommendation Letter from the Health Service, the absence of psychological tests can also make it difficult for judges to assess the mental maturity and psychological readiness of prospective brides and grooms, as well as the potential to violate the rules because requests for marriage dispensation for ages below the minimum limit set (19 years) can violate the rules. Judges can play an important role in enforcing the law with a gender-based approach, which prioritizes the protection of the rights of girls who are often victims. By using a gender perspective, judges are expected to be able to consider social and economic inequalities rooted in patriarchal norms in society, as well as assess the long-term impact of child marriage on the welfare of women and children as a whole.
Legal studies, gender perspective, role of judges, child marriage
Perlindungan Hukum Para Pihak Dalam Perjanjian Jual Beli Melalui Media Elektronik Dengan Sistem Cash on Delivery
The aim of this research is to examine and analyze legal protection for parties in sales and purchase agreements via electronic media with a cash on delivery system. To achieve this goal, the approach method used is normative juridical. The data source is secondary data as the main data, which consists of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained was then analyzed qualitatively. Conclusion: legal protection for parties in electronic sales and purchase agreements with a cash on delivery system is carried out in a preventive and repressive manner. Preventive legal protection is carried out by carrying out obligations by the parties which will be able to prevent disputes or defaults as regulated in the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Government Regulation Number 80 of 2019 concerning Trading via Electronic Systems, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, and Government Regulation Number 71 of 2016 concerning 2019 concerning Implementation of Electronic Systems and Transactions. Repressive legal protection can be provided by parties by filing a lawsuit against the party who caused the loss through litigation or non-litigation.
Keadilan Dalam Syariat Islam Pembagian Waris Terhadap Anak Angkat
Inheritance law is very important, this is proven by the results of research by students of the Faculty of Law, Jayabaya University, Jakarta in order to fulfill the requirements for taking the Islamic Law II exam in the 1978/1980 academic year period. It appears in the statistics of cases entered and determined by the Religious Court in the Special Capital Region of Jakarta Raya, inheritance problems are ranked 2nd after marriage problems (Marriage, Divorce, and Reconciliation). The form and system of inheritance law are very closely related to the form of society in a region or place. If it can be said that law is one aspect of culture, both spiritual and physical, this is perhaps one of the reasons why there are various legal systems, especially inheritance law. Law determines the form of society, a society that is not yet known can be tried to understand it in its basics by studying the laws that apply in society. In Indonesia, there are three legal systems that regulate the application of issues and problems regarding adoption. The three legal systems are Islamic law, customary law, and Western law. However, the author will not discuss the customary law system and the Western law system, because he will focus on Islamic inheritance law. Based on the explanation above, it can also be concluded that the principle of proportional justice means giving a portion to someone based on their services or contributions. Thus, everyone does not have to get the same portion if the efforts made are different. Adopted children in the view of the principle of proportional justice can be given a more sufficient portion, as per article 209 of the KHI. This provision is of course followed by the condition that the child has contributed to their adoptive parents. The use of justice as a legal framework will make the law flexible and create happiness for humans.
Justice, Islamic Law, Inheritance, Children
Implementasi Pembagian Waris Terhadap Anak Angkat Pada Masyarakat Muslim
Islamic law basically does not prohibit the practice of adopting children, also known as adoption, as long as it does not affect and does not change the relationship between the child and his biological parents. However, Islam prohibits adoption when the adoption will cause problems or problems, namely the severance of the child's relationship with his biological parents. Adoption that is permitted by Islamic law also does not affect inheritance. Islamic law does not make adopted children or adoption a cause of inheritance rights between adopted children and adoptive parents. In Indonesian Muslim society, some of those who do not have children, they adopt children to be their children and it is hoped that when they grow up they can help and support the lives of the adoptive parents. And what is most expected is when the adoptive parents are old, this adopted child is the one who is desired and expected to be able to take care of them later. Adopted children are usually treated like their own biological children in their love. Not a few of these adopted children treat their adoptive parents like their own biological parents in taking care of them when the adoptive parents are old and can no longer do anything. When the adoptive parents have died, of course they leave the property they have as inheritance. And the property left behind will of course be divided among the heirs. While the adopted child who has done such great service to his adoptive parents, of course he will get a share of the property left by his adoptive parents.
Implementation, Inheritance Division, Children, Muslims
Peran Penalaran Hukum Dalam Proses Penemuan Hukum (Rechtsvinding) Oleh Hakim
Legal reasoning is a method of thinking using logic to seek truth or solve problems in the field of law. We are aware that the law will not always be able to keep up with the rapid pace of development. The emergence of technology has enabled various types of crimes to occur, resulting in legal vacuums. Judges, as law enforcers, need to master legal reasoning to overcome these legal vacuums through the discovery of law. There are various forms of legal reasoning, such as deductive and inductive reasoning. In addition to form, there are aspects to consider in legal reasoning, namely the ontological aspect that questions what law is, the epistemological aspect that focuses on the method of legal reasoning, and the axiological aspect that questions the purpose of legal reasoning. The discovery of law itself is divided into legal construction and legal interpretation. Ultimately, it can be concluded that legal reasoning plays a crucial role in the process of judges making legal discoveries. Legal reasoning serves as the basis, guide, guideline, and knowledge that enables judges to conduct legal discoveries genuinely based on the realization of the purpose of law itself.
legal reasoning, legal discovery, judges, legal vacuum
Peran “Sentra Satria” Baturraden Dalam Melaksanakan Rehabilitasi Sosial Terhadap Anak Penyalahguna Narkotika Sebagai Upaya Mencegah Residivis
Narcotics abuse among children is a social problem that is increasing and requires serious attention. This research aims to analyze the role of the Baturraden Satria Center in carrying out social rehabilitation for children who abuse narcotics as an effort to prevent recidivism. The research method used is empirical normative legal research with a qualitative descriptive approach. Data was obtained through interviews with expert sources and relevant literature studies. The research results show that the Baturraden Satria Center has various social rehabilitation programs, such as mental development, psychosocial support, as well as skills training programs for children who have undergone rehabilitation. However, there are still several obstacles in implementing the program, such as limited dormitories for beneficiaries. Therefore, it is necessary to increase cooperation between government, society and families in supporting the successful rehabilitation of children who abuse narcotics so that brands can return to functioning socially in society without repeating the same actions.
Social Rehabilitation, Narcotics Abuse, Recidivist Children.
Peran Dinas Perhubungan Kabupaten Cilacap Dalam Pembinaan Juru Parkir Di Wilayah Kota Cilacap
Parking is one of the components or inseparable aspects of the needs of the transportation system, because every trip by private vehicle generally always starts and ends at the parking lot. Basically parking is a public need that initially functions to serve. In accordance with this function, parking space is adjusted according to demand in line with the needs of people who drive to be in or access a place. Regarding parking, it has been regulated in Article 1 of Law Number 22 of 2009 concerning Road Traffic and Transportation, which reads: "Parking is when the vehicle stops or does not move for a while and is left by the driver. Problems arise when Parking Guidance and Determination of Parking Facilities are not carried out properly, this is where the government is required to be able to solve existing problems, to fulfill these objectives through Cilacap district regional regulation no. 6 of 2018 concerning the implementation of transportation, Article 26, Article 27 and Article 35, it is hoped that the Cilacap Regency Transportation Service can work optimally in its implementation. Coaching is a process, manufacture, method of coaching, renewal, efforts and actions or activities carried out in an efficient and effective manner. The approach method in this study is the approach method used in the research is normative juridical, namely an approach that uses a positivist-legislative conception. The concept of positivist legislature is written norms made and promulgated by authorized officials and views law as a normative system that is independent, closed and detached from real community life
Development, Parking, Facilities, vehicles, Transportation
Copyright (c) 2024 Wijayakusuma Law Review https://creativecommons.org/licenses/by/4.0
Pelaksanaan BPJS Ketenagakerjaan terhadap karyawan (Studi di PT. Wonebesco Group Indonesia)
The purpose of this research is to determine the procedures and obstacles in implementing the Employment Social Security Administering Agency at PT. Wonebesco Group Indonesia Purwokerto Banyumas Regency. The approach method in this research is normative juridical, namely an approach that uses a legalistic positivistic conception., the data used is primary data through observations and interviews with sources and respondents as main data, secondary data as supporting data in the form of legal materials, research specifications using research Clinical law (Clinical Legal Research) is research to apply law in abstracto to cases in concrete. The data obtained will be analyzed using qualitative analysis methods, namely by observing the data obtained with the provisions and legal principles related to the problem being studied. This research was conducted to answer the procedures and obstacles in the Implementation of the Employment Social Security Administering Agency at PT. Wonebesco Group Indonesia Purwokerto Banyumas Regency. with a positivistic legal conception method. Implementation of BPJS Employment at PT. Wonebesco is in accordance with applicable laws and regulations by applying the percentage of contributions borne by the employer and the workforce. Giving rights to workers who have passed their term of employment or have not received a contract extension to receive assistance and guidance by the company in making claims against BPJS Employment
Analisis Yuridis Terhadap Permohonan Perwalian Dalam Pengurusan Izin Jual Tanah Anak Di Bawah Umur
In general, a child is someone who is not yet an adult or is not married. It is not possible for children under this age to carry out legal actions by themselves. For all legal actions, minors are under the authority of the Guardian. To sell land and buildings with the condition that parents act as guardians, you must apply for guardianship and apply for a permit to sell property for minors in the District Court. The purpose of writing this thesis is to understand the application procedures and responsibilities of guardians in processing permits to sell assets of minors in the District Court. This research uses a normative juridical approach, namely, it is carried out by examining theoretical concepts and statutory regulations related to this writing. The data source for this research is a secondary data source, namely data obtained through literature study. The method used in data analysis is a qualitative method, namely interpreted logically and systematically and then conclusions are drawn. The results of this research show that the application submission process consists of: first, the administrative stage, namely: the applicant brings the application letter, submits the case files to the first desk to register the application, pays the down payment, the First Desk Officer submits the SKUM and a copy of the application. Second, the trial stage, namely: The Panel of Judges reads the petition along with the evidence and grants the petitioner's petition. The guardian's responsibility is to make a list of the child's assets under his or her control and record all changes in assets used for the child's benefit until the end of the guardianship period.
Perlindungan Hukum Terhadap Konsumen TransportasiJasa Ojek Online
To find out the legal reasoning of the judge in deciding the Marriage Dispensation Request in the decision Number: 0122 / Pdt.P / 2018 / PA.Pwt, To achieve this goal the author uses a Normative Juridical approach, Research specifications are Normative Data presentation methods are presented in the form of descriptions which are grouped and then arranged systematically. Based on the results of the research and discussion in the decision Number: 0122 / Pdt.P / 2018 / PA.Pwt, it can be seen that the legal basis of judges in providing Marriage Dispensation is based on the reasons the two have long had a relationship, love each other, are very familiar and have engaged even if the applicant's child has been pregnant for 2 months, then it has been proven that the Petitioner's child is mature enough and mature to settle in. In addition, both of them are single, there is no relationship, not so that there are no barriers to marriage, and the applicant's family and parents of prospective husbands have blessed the marriage plan. If the request for dispensation is not granted, it is feared that things will happen that are not desirable / violate religious norms, and for the good of prospective children who are being conceived by the prospective bride. The provisions and principles of marriage law have been fulfilled as stipulated in Article 7 of Law No. 1/1974 Jo Article 15 up to Article 18 and Article 39 Compilation of Islamic Law and in line with the Qaidah Fiqhiyah, (which in Indonesian means: "rejecting obedience takes precedence over priority"), which means that preventing evil must first sought before doing good.
Dispensasi Perkawinan Bagi Laki-Laki Dibawah Umur(Studi Penetapan No: 0122/Pdt.P/2018/Pa.Pwt)
Perjanjian Pengikatan Jual Beli Hak Atas TanahBerdasarkan Akta Notaris
The purpose of this study was to determine the strength of the sale and purchase agreement deed of land rights made by a Notary in the implementation of the deed of sale and purchase of land. To achieve these objectives the author uses a normative juridical approach, Research Specifications are legal in nature. The method of presenting date is presented in the form of descriptions which are grouped and then arranged systematically. Conclusion: based on the results of the research and discussion shows that the legal strenght of the sale and purchase rights agreement on land rights made by a Notary in the implementation of the Sale Deed is very strong, because the deed is anotary deed which is an authentic deed, authorization that cannot being withdrawn in the sale and purchase agreement is not included in the absolute power that is prohibited by the Minister of Home Affairs’ Instruction No. 14 of 1982 concerning Prohibition of the Use of Absolute Authorities as the Transfer of Right to Land, so that legal status is valid.
Agreement, Binding of Buy and Sell, Land Rights
Tinjauan Yuridis Terhadap Perlindungan Hukum BagiKonsumen Transaksi Jual Beli Online (Studi Jual BeliOnline Di Bengkel Knalpot Burnout Exhaust)
To find out how the form of Juridical Review of Legal Protection for Consumers Online Buy and Sell Transactions, and to explore various aspects of issues that have been formulated in the formulation of problems. To achieve these objectives the author uses a normative juridical approach. The research specifications used are descriptive research. The data method is presented in the form of descriptions which are arranged systematically. The condition of e-commerce on the one hand brings benefits mainly due to efficiency, but on the other hand brings doubt especially to legal issues regarding legal certainty of Consumer Protection and the validity of business transactions. as stipulated in Article 1 paragraph 1 of Act No. 8 of 1999 concerning Consumer Protection which states that "Consumer protection is any effort that guarantees legal certainty to provide protection to consumers", in transactions that typically use paperbased economy, but in transactions through electronic media it turned into a digital electronic economy the need for special handling in the eyes of the law itself. Article 1320 of the Civil Code should be based on the legal force owned by consumers in conducting transactions. In the Electronic Information and Transaction Law Article 5 paragraph 1 and 2 which states that "Electronic Information and / or Electronic Documents and / or their printouts are valid legal evidence. And rather than consumer rights to obtain legal protection and can be a good start for legal certainty for consumers.
Online Buying and Selling, Legal Protection, and Consumer
Pelaksanaan Dana Desa Di Desa Karangsalam Kidul KecamatanKedungbanteng Kabupaten Banyumas
In order to improve services and community welfare, villages have the right to obtain Village Funds from the Central Government sourced from the State Revenue and Expenditure Budget (APBN). The condition of Karangsalam Kidul Village before receiving the Village Fund was seen in terms of facilities and infrastructure such as roads, bridges and schools which were still inadequate. Infrastructure development is hampered by limited funds owned by the village government. Under these conditions, it is difficult for Karangsalam Kidul Village to budget for development even though this is deemed important as supporting the life of the village community. The existence of the Village Fund in Karangsalam Kidul Village shows the benefits of the Village Fund for the local village community. Various Village developments have been carried out by Karangsalam Kidul Village since obtaining Village Funds from the Government. Based on the results of the interviews, the people of Karangsalam Kidul Village felt that there was a change both in terms of the economy, village facilities and infrastructure as well as from the social side.
Akibat Hukum Atas Penyalahgunaan Hak Kekebalan DiplomatikDitinjau Dari Konvensi Wina 1961(Studi Kasus Penyeludupan Emas Yang Dilakukan Oleh Pejabat DiplomatikKorea Utara Di Bangladesh)
This study aims to determine and analyze the rights of immunity and privileges held by diplomatic representatives under the 1961 Vienna Convention and analyze the legal consequences of the abuse of immunity rights and diplomatic privileges in gold smuggling cases carried out by North Korean diplomatic representatives in Bangladesh. This type of research is a normative type of research, the approach in research is the statute approach, case approach, and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. Legal material collection techniques used by argumentation techniques and discussed descriptively. The results of this study show that (1) North Korean diplomatic representatives in Bangladesh also have the rights of immunity and privileges as determined in the 1961 Vienna Convention, (2) the legal consequences of abuse of the right of immunity related to diplomatic bags for Bangladesh as a country recipients namely under Bangladesh law, North Korean diplomatic representatives may be sentenced to death, life imprisonment and be fined, but North Korean diplomatic representatives have immunity that cannot be meted out. As for the legal consequences for North Korea as a sending country, namely Bangladesh as a recipient country, namely Bangladesh can conduct non-grata persona on North Korean diplomatic representation if the immune rights have been carried out by North Korea
Diplomatic Representation, Immunity and Privileges, Legal Effects.
Penguatan Ketaatan Hukum Sebagai Wujud PembangunanBudaya Hukum(Pengabdian Di Desa Tuik Kecamatan Kelapa Kabupaten Bangka BaratPropinsi Kepulauan Bangka Belitung)
Obedience to law is one of the harmony of legal culture in community life. Legal culture can be built starting from the family environment and individuals belonging to the family. The purpose of community service activities in the village of Tuik Kelapa district of West Bangka District is in order to build Community legal awareness. This dedication activities include legal counseling in arranging the technical guidelines of regulations in the village, subsequent dialogue on the Justice of women and children and the assistance of legal problems to materialize a peaceful legal culture and Orderly. The impact of this dedication activity is to develop a level of legal awareness for citizens, individuals and order and to be regulated in the Association of society. Furthermore, the results of this dedication are scientific publications, growing the level of public awareness and the formation of high concern in women and children, and understand the legal characteristics of the village regulations.
Eksistensi Alat Bukti Formal Dalam Perselisihan HubunganIndustrial
Formal evidence in industrial relations disputes is very important in fact the parties (workers) are unable to provide sufficient formal evidence during the process of resolving industrial relations. The purpose of this research found out the substance of legal subjects and legal objects of formal evidence in the process of resolving industrial relations disputes. This legal research was a normative juridical with a statute approach. The results showed the substance of formal evidence in industrial relations disputes, consisting of the substance of the legal subject and the legal object of the evidence. formal evidence in disputes over industrial relations was very important to achieve truth. The resulting recommendations were that special arrangements that needed to be made to require employers / laborers to provide evidence of industrial relations they carried out.
Perlindungan Hukum Terhadap Pekerja Atas Alat Pelindung Diri
Every worker must get a guarantee for occupational safety and health while carrying out the work relationship. This research aimed to find out the form of legal protection for workers for their personal protection devices and legal remedies. This research was a normative juridical with statute approach. The first research result showed that every worker was guaranteed their right to occupational safety and health integrated with the company's management system. Employers were required to provide explanations and self-protective equipment to workers who were obliged to use them. There was a threat of criminal sanctions for violating entrepreneurs. The second research result showed a civil law effort. It can be done by workers if they do not get an explanation and personal protective equipment that can conduct bipartite deliberation or mediation and continue to the PHI for the harm caused. Criminal legal remedies can be undertaken by workers by reporting K3 violations to local labor inspector employees. It was concluded that the employer had the obligation to provide an explanation and self-protective equipment. The workers were entitled and obliged to use self-protective equipment. There were criminal sanctions for employers who violated but there were not criminal sanctions for workers who violate. The resulting recommendations were the sanctions for workers.
Legal Protection, Protection Tools, Workers. Occupational Health and Safety
Eksistensi Dewan Pengupahan Dalam Proses Penetapan UpahMinimum
An existence of Wage Council in the process of setting minimum wages is currently less than optimal. This research aimed to analyze the existence of Wage Councils in the process of setting minimum wages based on an analysis of substance and procedures in legislation. This research was a normative juridical with statute approach. The results showed that the differences in the implementation of the provisions of Article 88 paragraph (4) of Law 13/2003 with the implementing regulations contained in Article 43 paragraph (1) PP 78/2015 jo Keppres 107/2004 jo Article 1 Permenaker 15/2018. The resulting recommendation made a revision of the rule of law that can optimize the Wage Council's performance in the process of setting minimum wages.
Peranan Dewan Keamanan PBB Dalam Penyelesaian KonflikBersenjata Non-Internasional Di Libya
Abstract The United Nations or abbreviated to the UN is an international organization whose main objective is to maintain world security and peace. In addition, the UN also aims to provide humanitarian assistance in times of famine, natural disasters and armed conflicts, both international and non-international conflicts. Like the conflict that occurred in the country of Libya in 2011, which was caused by the uncertainty of Libyan citizens against the government led by Moammar Gaddafi. This conflict occurred involving two parties, namely between the Pro Khadaffi and the Opposition. As a result of this conflict there were so many victims, which in the end this conflict led to a crime against humanity. In this case the United Nations through its Security Council immediately takes action as an effort to maintain security and peace in the international world. This study aims to determine what actions are being taken by the United Nations to resolve the conflict in Libya. This research is a normative legal research using the statue approach. The result of this research is that the UN Security Council issued Resolution 1970 and Resolution 1973 which were concrete actions as an effort to resolve the conflict in Libya. The follow up of this conflict resolution was the issuance of Resolution 2009 by the UN Security Council.
UN Security Council, Armed Conflict, Resolution, Pro Gaddafi, Opposition.
Penerapan Asas Keadilan, Kemanfaatan, dan Kepastian Hukumdalam Kebijakan Pengampunan Pajak (Tax Amnesty) di Indonesia
The purpose of this study is to determine the application of the principles of justice, benefit, and legal certainty in tax amnesty policies in Indonesia. There are many problems in society related to the absence of the principle of justice and the principle of legal certainty in the implementation of tax amnesty policies based on Law Number 11 of 2016 concerning Tax Amnesty. This study uses a descriptive normative type of research based on the materials collected, both primary and secondary legal materials. The research approach used by the author is a statutory approach. The results of the study stated that the principle of justice and the principle of legal certainty could not be applied optimally, however, the principle of benefit could be implemented properly with the implementation of a tax amnesty program properly.
Justice; Benefi;, Legal Certaint;, Tax Amnesty