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Contact Name
Putera Mustika
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putera.mustika@uii.ac.id
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INDONESIA
Lex Renaissance
ISSN : 26205386     EISSN : 26205394     DOI : -
Jurnal Lex Renaissance adalah jurnal yang diterbitkan oleh program Pascasarjana Fakultas hukum Universitas Islam Indonesia. terbit dua kali dalam satu tahun (Januari dan Juli). jurnal ini adalah media komunikasi dan pengembangan ilmu. Jurnal terbit setiap semester.
Articles 55 Documents
PERAN DAN TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH TERKAIT AKTA PEMBERIAN HAK TANGGUNGAN DALAM AKAD MUDHARABAH PADA BANK SYARIAH Nurhidayati, Rina
Lex Renaissance Vol 1, No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art8

Abstract

Abstract  This study reviews the concept of binding guarantee of the rights to land in accordance with  laws and regulations in Indonesia and Islamic law; as well as the roles and responsibilities associated with APHT PPAT in the contract of Mudharabah Islamic Bank. The method used in this research is normative. The results showed that APHT can not be used on the contract of Mudharabah and Islamic law has its own security institutions, namely Rahn. Roles and responsibilities of PPAT associated with APHT in the contract of Mudharabah Islamic Bank will be explained by Act No. 4 of 1996, Act No. 21 of 2008, Government Regulation No. 37 of 1998, as amended by Regulation No. 24 of 2016, PERKABAN No. 1 of 2006, as amended by PERKABAN No. 23 of 2009 and Theory of Accountability.Keywords: Liability, Land Deed Official, Granting of Warranty Right Deed, Mudharabah Contract and Islamic Bank.  
Analisis Pengenaan Bea Perolehan Hak Atas Tanah Dan Bangunan Dalam Proses Jual Beli Tanah Dan Bangunan Di Kabupaten Kebumen Widayat, Adimas Wahyu
Lex Renaissance Vol 1, No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art3

Abstract

AbstractProblems in this study, first, first, how the collection of the Tax on Acquisition of Land and Building in the process of buying and selling land and buildings in Kebumen? Second, what the obstacles that arise in the collection fees for acquisition of land and buildings, and how the completion of the constraints that arise in the collection of the fees for acquisition of land and buildings in the process of buying and selling land and buildings in Kebumen? This type of research is empirical jurisdiction. The study concluded, first: the first, for collection of the Tax on Acquisition of Land and Building in the process of buying and selling land and buildings in Kebumen conducted den¬gan self-assessment system which gives credence to the taxpayer to compute, calculate, pay their own taxes ter ¬hutang using BPHTB SSPD form obtained by the taxpayer of DPPKAD Kebumen. Second, constraints-constraints that arise in the collection of the Tax on Acquisition of Land and Buildings include a lack of socialization regarding the manner of payment of BPHTB to the community, the level of public awareness is still very limited to the obligation to pay taxes, dishonesty taxpayers to include the value of purchase and sale transactions deed of sale, the shortage of skilled personnel in DPPKAD and the constraints arising from the bank / cash office area.Keywords: Purchase, Land, Buildings, Kebumen.
Pergeseran Kekuatan Akta Autentik Serta Kewenangan Notaris Dalam Pembuatan Akta Pendirian Koperasi (Pasca Putusan Mahkamah Konstitusi No. 28/PUU-XI/2013) Ratangin, Muhammad Gondo
Lex Renaissance Vol 2, No 1 (2017): JANUARI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss1.art8

Abstract

AbstractThis study describes the legal force Establishment of Cooperative deed of Notary after the Constitutional Court ruling No. 28 / PUU-XI / 2013, as well as analyzing the legal implications of the Minister of Cooperatives and SMEs towards authority in making Cooperation Deed Notary. This research is a field research by using juridical empirical approach. The study concluded, first: the power of cooperative law deed of Notary after the Constitutional Court ruling No. 28 / PUU-X / 2013 resulted in a shift in the regulations regarding cooperatives for the time that is returned to Act No. 25 of 1992 concerning Cooperatives until enactment of the new law. Therefore, the whole procedure and the establishment of cooperatives from the date of repeal of Act No. 17 of 2012 concerning Cooperatives by the Constitutional Court back in Act No. 25 of 1992 concerning Cooperatives and all implementation regulations. Secondly, the implications of Ministerial Decree No. 98 / KEP / M.KUKM / IX / 2004 regarding Notary Public as Cooperation Deed, making Notary public official authority in this case to serve the public in the process of making authentic evidence in accordance with the authority granted by UUJN- P, is limited, because the authority of the notary is a deed authentic under the Act, unless another Specifies Act.Keywords: Notary, NPAK, cooperatives, shift deeds, deed of cooperation
Tanggung Jawab Kurator dalam Penjualan Harta Pailit di Bawah Harga Pasar Al Mufti, Moch Zulkarnain
Lex Renaissance Vol 1, No 1 (2016): JANUARI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss1.art6

Abstract

This research aims to identify the responsibility of the curator in selling the acquired properties under the market price. Though the curator in the management handling and the accomplishment of the acquired properties is quite high, the curator in running the task does not mean to be free to do anything. A curator can be asked for his or her responsibility personally if he or she has made the loss towards the acquired properties. The problem formulation in this research is how the responsibility of a curator is in terms of the sale of acquired properties under the market price. This is a normative legal research and the results of the research concluded that the responsibility of the curator in doing the management handling and accomplishment of the acquired properties basically has been regulated in the Article of 72 Law No. 37 of 2004 on bankruptcy and the postpone of the obligation to pay the loan. However, until today, there is no any certainty about the limitation of the mistake and dereliction.  Keywords: Curator, responsibility, acquired property
Dualisme Kewenangan Pemeriksaan Dugaan Pelanggaran Kode Etik Notaris Khalid, Muhammad
Lex Renaissance Vol 2, No 1 (2017): JANUARI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss1.art3

Abstract

AbstractProblems in the study: first, the dualism of authority checks Notary alleged violations of the code of conduct? Second, the authority checks the code of conduct by the Regional Supervisory Council based on the code of ethics? This research is empirical jurisdiction. The study concluded, first, the Regional Supervisory Council and the WCA Board may conduct an examination of the alleged violations of the code etik Notaris. Regional Supervisory Council code etik Notaris checks if the report from the public and there is also a certain criteria of Notaries code violations that can be checked by the Supervisory Council of Regions. Honorary Board area is not just waiting for reports received, but can process it if it finds violations of the code of conduct, if the Honorary Board of the Regional found violations of the Code, the Honor Council will call a notary in question to be fostered, because the function of the Honorary Council of Regions in addition to overseeing the code of conduct, there is pembianaan also against the Notary. Code violations that have been reported to the Regional Supervisory Council can not be diverted report to the Council of Honor, and vice versa. Secondly, the provision of the code of conduct by the inspection authority Regional Supervisory Council is not in accordance with the characteristics of the code of professional conduct.Keywords: Regional Supervisory Council, Notary.
Implikasi Pengujian Ketetapan MPR dalam Sistem Ketatanegaraan Republik Indonesia Pasca Putusan Mahkamah Konstitusi No. 75/PUU-XII/2014 Agustian, Tomi
Lex Renaissance Vol 1, No 1 (2016): JANUARI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss1.art1

Abstract

AbstractThis research studies the problems about: first, the base of Constitutional Court (MK) does not accept any application of judicial review of MPR (provisional people’s consultative assembly), second, the implication of the trial of MPR provisions in post-verdict of Constitutional Court. This research is a normative research that obtained primary legal materials in the form of the Verdict of Constitutional Court and supported with books, articles and documents. The results of the research concluded that first; the Constitutional Court in accordance with the Constitution 1945 Article 24C Sentence (1) does not have any authority to test the provision of MPRS. Second, the implication of the verdict of Constitutional Court does not cause the absence of mechanism of the trial of the MPR’s provisions; thus causing the legal vacuum and the absence of the institution that is authorized to do a trial towards the MPR’s provisions (tetraa incognita).   Keywords: Implication, trial, provision of MPR, verdict of constitutional court
Implikasi Yuridis Pemalsuan Tanda Tangan Pada Minuta Akta terhadap Jabatan Notaris (Studi Putusan Mahkamah Agung Nomor 1234 K/ Pid/2012) Mardheana, Dhea
Lex Renaissance Vol 1, No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art9

Abstract

AbstractProblems in this study, first: how is the juridical implications forged the signatures on the minutes of the deed of the Notary on the Supreme Court judgment No. 1234 k / PID / 2012? Second, how is the legal effect of the Minuta Deed falsified by a notary? This study is normative, normative legal research. The study concluded, first: implications for the post of notary can be categorized into four (4) aspects namely, i) the implications of the engagement deed, ii) Aspects of the administrative office; iii) Professional Aspects of the Membership; vi), the criminal aspect. Second, as a result of the Law of Minuta certificates were forged by a Notary which resulted in deed only has the strength of evidence as the deed under hand, if the parties could prove the authentic act proficiency level in the trial court and resulted in the deed can be canceled and the strength of evidence as the deed under hand will not apply continuing involvement.Keywords: Notary, forgery of signatures, Suspect
POLITIK HUKUM PEMBENTUKAN MAJELIS KEHORMATAN NOTARIS Swastika, Winda Ayu
Lex Renaissance Vol 1, No 2 (2016): JULI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss2.art4

Abstract

AbstractPrevious roles and authority of the Supervisory Council of Regions in almost identical to the role of the Notary Honorary Council had been abolished by the Constitutional Court of the Republic of Indonesia in Decision Number 49 / PUU-X / 2012 as contrary to the constitution of the state of Indonesia. Problems in this study, first, what is the legal political formation Honorary Council of Notaries in Law No. 2 of 2014? Second, how the legal protection of the Notary Act No. 2 of 2014? This research is a normative juridical research. Based on research by the authors concluded that with the issuance of permenkumham No. 7 2016 then clearly setting the organizational structure, duties, responsibilities and obligations of Honorary Council of Notaries, and it can be concluded that the legal protection of notaries who used to be done by the Council of Regional Supervisor particularly regarding decision minuta deed (borrowing) and call the police now Notary by the authority of the Honorary Council of Notaries. With the release of permenkumham No. 7 of 2016 is expected to vacuum cornerstone of legal protection for the Notary profession for 2 (two) years can be resolved.Keywords: Politics, Law, Honorary Council, Notary.
Relevansi Kewajiban Ingkar Notaris dalam Menjalankan Jabatannya (Analisis Pasal 16 Huruf f Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris) Sodiq, Moh.
Lex Renaissance Vol 2, No 1 (2017): JANUARI 2017
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol2.iss1.art9

Abstract

AbstractThis study aimed to analyze the relevance and role of the notary reneges obligation MKN in providing protection to the contents secret Notary Deed related liabilities. This research is a normative approach to law(statute approach).The data used is secondary data in the form of primary legal materials, secondary law and tertiary legal materials. The results showed that the notary broken instrument liabilities as obligations mentioned in the Act, so that the obligations inherent in the task reneges notary office. MKN established to carry out the functions do coaching in order to maintain the dignity and honor of the Notary in carrying out his profession and provide protection associated with the obligation to keep the contents of the Notary Deed.Keywords: Liability dissenter, notaries, notary honorary council, UUJN-P  
Bilateral Investment Treaties dan Penyelesaian Arbritase Internasional (Studi Kasus Pencabutan Izin Kuasa Pertambangan Churchill Mining) Rihwanto, Yacob
Lex Renaissance Vol 1, No 1 (2016): JANUARI 2016
Publisher : Universitas Islam Indonesia

Show Abstract | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol1.iss1.art7

Abstract

The aim of BITs is to protect the investment in foreign countries, enhance the market-oriented policy and create the practice of transparent and non-discriminant between state and investors.  This research studied about some issues: first, how is the impact of Bilateral Investment Treaties (BITs) on the investment climate in the developing countries particularly in Indonesia? Second, how is the process of conflict solution if there is a conflict in Bilateral Investment Treaties? This is a normative research using the regulation approach. The research concluded that first; the implementation of the agreement of BITs conducted by Indonesia at the moment has led Indonesia as the host country to the loss and the contract is no longer relevant and needs to be revised. Second if there is a conflict, it can be solved through ICSID as an arbitrary institution towards the lawsuit of investment between states signing the contract of BITs.    Keywords: Lawsuit, investment, international arbitration