Activa Yuris: Jurnal Hukum

Ownership Status of Petok D Land that Has Been Transferred From an Unauthorized Party

Dhean Febrianto, Sri Setyadji — Sun, 09 Feb 2025 00:00:00 +0700

Letter C and Petok D books, although after the enactment of the UUPA are no longer evidence of land management, PP article 24 no. Article 24 of the Law (1997) further regulates the recognition of the necessity to record land rights as old written evidence. The problem is how the relationship between case decision 190/Pdt.G/2005/PN.Sby with decision no. 94/PDT/2007/PT.SBY with decision No. 2340 K/PDT/2008 with decision No. 233 PK/Pdt/2011 and how the legal status of buyers of land rights petok d. is not eligible. The study used as treatment is a normative legal study based on principles and concepts. Obtained the following research results: Land rights with letter C and Petok D are allowed according to Article 39 of PP. 24 of 1997, but if the letter C and Petok D book are tampered with by changing the name written in it, then it is a prohibited act, and the judge in his opinion canceled the letter C and Petok D book with evidence. Letter C and Book Petok D A seller who does not have the right to sell it and has it canceled by a court judge, can sue the seller on the grounds that he has committed an unlawful act.

Legal Response to the Decision of the Business Competition Supervisory Commission Through Additional Examination Based on Supreme Court Regulation Number 3 of 2021

Palest Agista Santosa — Fri, 28 Feb 2025 00:00:00 +0700

This study aims to find out about legal efforts to object to KPPU decisions through additional examinations based on Supreme Court Regulation Number 3 of 2021. The problem discussed in this study is the violation of the principle of justice in legal efforts to object to KPPU decisions that occur in the District Court. The data analysis method used in this study is the normative legal analysis method and comparative law. The normative legal method is used to analyze data that refers to legal norms contained in laws and regulations. The results of the data analysis in this study indicate a violation of the principle of justice in legal efforts to object to KPPU decisions. In practice, the burden of proof is carried out in an unbalanced manner, where the applicant cannot provide new evidence while the KPPU can strengthen and clarify the evidence through additional examinations ordered by the judge if the judge feels it is unclear. As a result, the objection applicant cannot strengthen his defense because he cannot add new evidence that can relieve the applicant

Analysis of Decision Number 33/Pdt.Sus-Pailit.2020/PN.Niaga Jkt.Pst Dispute between KT Corporation and PT Global Mediacom

Hery Andi Syarif Siregar — Fri, 28 Feb 2025 00:00:00 +0700

Bankruptcy is a special civil law that implements Articles 1131 and 1132 of the Civil Code. Bankruptcy is a legal remedy for creditors to ask debtors to return debts. As we know, this special legal effort is an effort that can benefit creditors, but with the condition that the debt must be due and payable. The concept of a debt that has matured does not have to be in the form of a debt agreement or acknowledgment of debt. Debts that have matured can come from obligations arising from a decision such as an arbitration award between KT Corporation and PT Global Mediacom. Bankruptcy procedural law is not like ordinary civil procedural law. In bankruptcy, the principle of simple proof is adhered to. It is not like evidence in civil law in general. When the debt can be proven simply, the debtor who is applying for bankruptcy can be declared bankrupt by the Commercial Court. The problem is that a bankruptcy petition cannot always be proven simply. An example is the bankruptcy petition submitted by KT Corporation arguing that there is a legal relationship between itself and PT Global Mediacom through ICC Arbitration Decision No. 16772/CYK. However, the bankruptcy petition was rejected by the panel of judges. This makes the definition of simple evidence and debts that are due in a bankruptcy petition narrower.

Regulations on the Use of State Facilities in the Implementation of General Election Campaigns

Mohammad Fadhil Fahreza, Hufron Hufron — Fri, 28 Feb 2025 00:00:00 +0700

General elections (Pemilu) play a crucial role in the democratization of politics in Indonesia. As a democratic country, Indonesia adopts a political system based on power that comes from and for the people. becomes a forum for elections where citizens can directly elect their representatives at the national and regional levels. However, the implementation of elections is faced with various challenges, especially related to honest, fair, and transparent implementation. One of the main issues that arises is the scope of state facilities in election campaigns. This study aims to investigate ways of supervision that can prevent the protection of state facilities in election campaigns. The research method used is normative research with an approach to laws, conceptualization, and case studies. The research findings show that effective supervision of the use of state facilities in elections is a crucial step to ensure integrity and fairness in the democratic process. Legal steps and sanctions applied in accordance with the Election Law are expected to reduce violations and maintain the integrity of elections in Indonesia.

Pertamina Retail's Legal Responsibilities in Self Service Services

Kevin Agung Wirayuda, H.R Adianto Mardijono — Fri, 28 Feb 2025 00:00:00 +0700

Self-service technologies (SST) are technological intermediaries that enable customers to produce their own services. Recently, self-service services at gas stations have become popular among consumers. This service allows customers to refuel their vehicles without the help of gas station attendants. This gives customers the flexibility and convenience of refueling according to their needs. This self-service technology is proven to provide convenience and efficiency for the public in refueling. The most important thing in refueling is consumer safety and risk. Apart from that, self-service technology is also available. There are no special government regulations for PT. Pertamina.

Criminal Responsibility for Theft of Personal Data by Bank Employees and Misuse of Identity by Merchants Providing BRI EDC Cash Swipe Services

Bartholomews Kislew Subroto, Rosalinda Elsina Latumahina — Fri, 28 Feb 2025 00:00:00 +0700

The purpose of this study is Cash swipe transactions or commonly called Gestun, or the scientific term is called (Cash Withdrawal) to be a solution for credit card customers who want to make cash withdrawals but not through ATMs. Card customers simply visit shops that have credit card swipe machines (EDC), then withdraw cash according to the desired amount. By doing Gestun, credit card customers seem to be shopping for goods through the shop, but what is obtained is not goods but money. So customers do not take goods but take cash in the amount of the desired withdrawal or the value of the price of the goods. Credit cards are often the target of crime because of the benefits in their use; especially with made-up pretexts are the most common crimes because people often use credit cards for purchases and down payments based on credit facilities. Credit card fraud is usually called credit card misuse and can be classified into various categories: issuing credit cards through credit card companies, using credit cards at franchise stores and banks, and others. Credit card misuse due to the application of open laws to be disputed in accordance with various uses of credit cards Cash swipe is one form of credit card misuse. The purpose of writing this law is to find out the regulation and supervision of cash swipes in Indonesia and to find out how the responsibilities of the parties that facilitate cash swipes, especially for Acquirers and Merchants in Indonesia

The Role of Development Towards a Sustainable Economy

Pinindita Trias Prilian — Fri, 28 Feb 2025 00:00:00 +0700

The purpose of this study is to determine how the role of law in driving the dynamics of national economic development is reviewed from the principle of people's economy through several discussions on the urgency of national economic legal development, the second is how the role of law in driving the dynamics of national economic development is reviewed from the principle of sustainable economy, as well as national economic development strategies with the principle of sustainable economy. This type of research is Library Research, namely research through library or literature studies. The data source in this study is primary data, namely books that directly discuss the role of development towards a sustainable economy. The data analysis technique used to obtain conclusions is deductive, namely the method of drawing conclusions from general to specific. The results of this study The concept or role of law of the Indonesian national economy must adhere to the principle of family, people's sovereignty, Pancasila morals, and show partiality to the people's economy. This concept of sustainable development can only be guaranteed by law and this law that guarantees it must also continue to carry out development in order to be able to jointly carry out national development to prosper its people. Sustainable development strategies, which include development that ensures equity and social justice, development that respects diversity, development that uses an integrative approach, and development that requires a long-term perspective

Legal Protection for Victims of Defamation by Journalists

Muhammad Rafi Naufal Anshar, Ahmad Sholikhin Ruslie — Sun, 09 Feb 2025 00:00:00 +0700

Mass media in Indonesia plays a significant role in disseminating information and influencing society. Information can spread widely to various corners of the world and be accessed by millions of readers simultaneously. Journalists are prohibited from carrying out actions that harm other people, spreading false news or slander, or taking sides with the intention of inciting. Legal protection for victims of defamation is necessary to maintain a balance between press freedom and individual rights. The problem in this research is how is the legal protection for victims of defamation committed by journalists? This type of research is normative research with a statutory approach and a conceptual approach. The technique for collecting legal materials is carried out through searching and collecting legal materials, researching legal issues, as well as case studies from statutory regulations, legal journals, literature books, news and other materials relevant to the research topic. The results of this research show changes in the rules for defamation by journalists in the old and new Criminal Codes, reflecting a firmer response to the challenges of the digital era and the protection of individual rights. Article 310 of the old Criminal Code provides light sanctions while Article 433 of the 2022 RKUHP provides heavier sanctions and detailed regulations. The main focus is legal protection for victims in the era of social media with the Indonesian Journalist Code of Ethics (KEWI) as a guide. The importance of the Press Law as a lex specialis ensures a balance between press freedom and the protection of individuals who are disadvantaged.

Analysis of Mixed Marriage Law in Indonesia From the Perspective of International Civil Law Improvement

Sun, 09 Feb 2025 00:00:00 +0700

Law Number 1 of 1974 concerning Marriage contains a section on religiosity. A man and a woman become husband and wife with the aim of realizing a happy and eternal family based on the One Almighty God. This is the definition of marriage itself. The Civil Code and the Marriage Law have different definitions of marriage: in Article 26 of the Law "The Law views the issue of marriage only in civil relations". The research method used in this study is descriptive normative legal research. With the technique of statutory regulations, as well as other related documents that are related to science, the development of its theory. Primary legal materials are obtained from Law Number 1 of 1974 concerning marriage, while secondary legal materials, namely the Civil Code, textbooks, legal journals, expert opinions and legal experts. The data obtained are both secondary and primary. Because there are foreign components in legal relations, international civil law applies. Algemene Bepalingen are general regulations that regulate international civil norms in Indonesia. In the concept of international civil law, there are 2 types of schools, namely: 1) Internationality which requires international or multilateral civil law. 2) Nationality because each country has different procedures for International Civil Law for Inter-National Marriage. Marriage between two people from different countries is defined as a mixed marriage based on Article 57 of the Indonesian International Civil Law Marriage Law. However, the third factor, not differences in religion, ethnicity, or social class in Indonesia, is the cause of this gap.

Criminal Responsibility for Prison Officers Who Carry Out Extortions (Pungli) in the KPK Detention Center Area

Moch Ramadhan Dewa Andhijaya, Frans Simangunsong — Sun, 09 Feb 2025 00:00:00 +0700

Extortion by prison officers is unacceptable behavior and a form of corruption. It can have serious consequences, not only for public confidence in the legal system and custody, but also for the welfare and rights of individuals under the supervision of the prison. Extortion can occur in various forms, from withdrawing funds in exchange for special treatment to prisoners, selling prohibited goods in prison, to extorting prisoners or their families to obtain complete facilities that should not be available or accessible to prisoners. Extortion in the KPK prison refers to corrupt practices within the institution, which should be a place where law enforcement against corruption is prioritized. The KPK (Corruption Eradication Commission) is an Indonesian government agency established to combat corruption. If there are reports or allegations of extortion in the KPK prison, it is very serious and must be investigated thoroughly. Corruption within law enforcement agencies, especially those tasked with combating corruption such as the KPK, is a betrayal of public trust and undermines the integrity of the justice system. Therefore, if there are indications of extortion in the KPK detention center, firm and transparent law enforcement measures must be taken to uphold justice and ensure that the institution remains at the forefront of fighting corruption.