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Soumatera Law Review
ISSN : 26205904     EISSN : -     DOI : -
Core Subject : Social,
Soumatera Law Review Online ISSN : 2620-5904 adalah jurnal yang terbit dua nomor dalam satu tahunnya pada bulan April dan Oktober yang akan diisi oleh 10 artikel ilmiah. Diharapkan dengan dua terbitan ini akan memberikan kontribusi besar pada pengembangan ilmu hukum baik di Indonesia maupun di luar negeri dan terkhususnya di lingkungan Kopertis Wilayah X.
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Search results for , issue " Vol 2, No 1 (2019): SOUMLAW" : 10 Documents clear
ANALISIS YURIDIS TERHADAP PENYIMPANAN SERTIFIKAT HAK ATAS TANAH OLEH NOTARIS PADA PROSES PENGIKATAN JUAL BELI (PJB) (ANALISIS PUTUSAN NOMOR 53/PID.B/2017/PN.BKT) Azhar, Dila Andika
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3557

Abstract

The sales and purchase agreement is a preliminary agreement whose made by the parties in front of the notary before they do the deed of sales and purchase in front of the Land-deed officials. In case of breach of contract occurence toward sales and purchase agreement, the Notary frequently reported to the authorities on charges of keeping the land rights certificates in the process of sales and purchase agreement, Eventhough the parties have agreed to place their sign or keep such evidence to the Notary. This case is apparent in the verdict Number 53/Pid. B/2017/PN. Bkt on defendant Elfita Achtar, a notary public who was reportedly due to kept and not given four (4) Building Rights Certificates owned by PT. Rahman Tamin
PENERAPAN SANKSI PIDANA DENDA TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN DAN PEREDARAN GELAP NARKOTIKA DI PENGADILAN NEGERI PADANG Busnarma, Tommy
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Lembaga Layanan Pendidikan Tinggi Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3559

Abstract

The spirit and purpose of the Narcotics Law has not exceeded the expectations of its implementation. Every year the number of criminal narcotics continues to increase and does not seem to decline. One of the reasons is related to the application of very high fines while imprisonment due to fines are applied very briefly. The approach method used in this study is an empirical juridical method. This type of research is descriptive using primary data and secondary data. The results of the study indicate that judges' consideration in applying criminal penalties to narcotics defendants is based on juridical considerations and judicial non-judicial considerations. Judges are more likely to impose high prison sentences than to impose imprisonment in lieu of high fines, so that convicts do not assume that the economic level and wealth influence the criminal conduct they carry out. The judge does not have such a meaningful effort in the effort to apply criminal penalties to the narcotics defendant, the reason for the judge in applying a law must be based on existing legal rules. The judge applies the precautionary principle so that the judge does not enforce the law in a way that is against the law. The Prosecutor's Office has attempted to be able to implement criminal sanctions such as the issuance of SEJA, but prosecutors themselves are still experiencing difficulties in applying criminal penalties, both in terms of technical implementation and legal rules.
TANGGUNG JAWAB DIREKSI TERHADAP TERJADINYA KREDIT MACET PADA PERBANKAN BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 Hasnati, Hasnati
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3319

Abstract

Banks are companies whose business activities are to raise funds, channel funds, and provide financial services. Of the three bank business activities, the distribution of funds is an activity that is a source of income spread over the bank. However, large profits are directly proportional to the high level of risk, namely the occurrence of bad credit. The problem that will be discussed in this study is how is the responsibility of bank directors regarding the occurrence of bad credit to companies based on Law Number 40 of 2007 concerning Limited Liability Companies? The method used in this study is normative legal research using the statutory approach. The results of this study are that based on Article 97 of Act No. 40 of 2007, the directors are fully responsible personally for the company's losses if the person concerned is guilty or negligent in carrying out his duties. That is, as the party that gives approval in lending, the bank directors must be fully responsible if the disbursed credit is a problem in the future and becomes bad credit which causes losses to the company.
PELAKSANAAN RESTITUSI BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA SEBAGAI BENTUK PEMBARUAN HUKUM PIDANA BERDASARKAN PERATURAN PEMERINTAH NOMOR 43 TAHUN 2017 Putri, Miszuarty
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Lembaga Layanan Pendidikan Tinggi Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3567

Abstract

One of the issues that is of concern to the government, experts and the public is that rape cases, especially rape crimes committed by adults to underage children, have lately caused a reaction among the community due to dissatisfaction with the criminal community dropped on the perpetrator, based on legal knowledge, the victim can claim damages / compensation or restitution to the convicted person. The problem approach method used is normative jurid, namely the law approach that is carried out on the Government Regulation of the Republic of Indonesia Number 43 Year 2017. The results of the study show that the Government Regulation of the Republic of Indonesia Number 43 of 2017 has provided detailed arrangements for the procedure for submitting restitution and procedures granting restitution for children who are victims of criminal acts or their heirs, but there are still shortcomings that need to be refined in this government regulation concerning substitute crimes, if my / defendant / convicted convicts implement a court decision that has permanent legal force regarding the implementation of restitution. As well as it is expected that in the future the judge's decision on the granting of this restitution can be in the form of additional criminal sanctions in addition to the principal penalty in the form of imprisonment and fine.
PERKEMBANGAN KEBIJAKAN DAERAH SEBAGAI PARADIGMA DASAR UNTUK PENENTUAN KEBIJAKAN MENGELOLA POTENSI KEBERAGAMAN Fadlan, Fadlan
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3347

Abstract

The implementation of the regional autonomy principle must be able to put forward the principle of decentralization, this core essence becomes very important because there is a clear relationship and governance between the central government and the regional government so that on the basis of initiatives, creativity and operands to be achieved in carrying out power efforts to realize a just and prosperous society as stated in the opening of the 1945 Constitution of the Republic of Indonesia, and the most important in the context of developing and advancing regions for regional interests based on people's aspirations.
PEMBUATAN AKTA PERDAMAIAN DALAM PENYELESAIAN SENGKETA TANAH ULAYAT MELALUI NOTARIS DIKABUPATEN AGAM Rasyad, Muhamad
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3569

Abstract

Ulayat Right is the highest right onto land owned by a legal alliance (county, tribe) to guarantee the utilization of the land. The Ulayat Right is absolutely owned by its legal alliance (county, tribe) in which the citizens (law alliance) have the right to control the land. The implementation of the land control is governed by the leader of the alliance, including the chief of the tribe and the head of the village or county.  Other regulation on the land is ruled in PMNA/Ka.BPN No.5, 1999 year, such as Article 2 section (1) regulates the implementation of Ulayat Rights insofar as they are still conducted by the customary law community based on its local customary law. However, in Article 3 there is an exception that the implementation of Ulayat Right cannot be carried out anymore to the areas of land atthe time of its enactment.
PENDAFTARAN TANAH DAN PENERBITAN SERTIPIKAT DALAM PERSPEKTIF FREE TRADE ZONE (FTZ) DI KAMPUNG TUA, KOTA BATAM, PROVINSI KEPULAUAN RIAU Idham, Idham
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3908

Abstract

The implementation of land registration activities in Indonesia, namely by deriving on orders and mandates of Article 19 of the Basic Agrarian Law Number 5 of 1960 as intended, namely in accordance with developments and increasing demands for the acceleration and expansion of land registration activities in Indonesia and within the implementation of the land registration activities program in Indonesia still found several obstacles that were of a very conditional and structural nature and were greatly influenced by various factors of political development and the government system. This paper uses juridical empirical research methods, to support academic answers in this article. From the results of this journal writing, it turns out that the legal arrangements regarding land registration in the FTZ perspective in Kampung Tua, Batu Besar Village, Nongsa Sub-District, Batam City, have not been implemented properly, because some land rights in the area are still Management Rights controlled and registered. name of Batam Business Entity (BP Batam). Land registration has not been carried out based on existing positive law, as well as other inhibiting factors, namely due to the implementation of Regional Autonomy policies and FTZ policies in Batam City and the lack of budget political support.
PEMANFAATAN TANAH ASET PT KERETA API INDONESIA (PERSERO) DIVISI REGIONAL II SUMATERA BARAT OLEH PIHAK KETIGA Nasrul, Oky
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Lembaga Layanan Pendidikan Tinggi Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3554

Abstract

Utilization of land assets of PT. KAI, shich aims to develop the potential and support of railway business activities. In fact today, there are many land utilization of PT. KAI is used for activities outside the railway. Therefore, a proper and ideal policy is needed, in order to achieve the land use in accordance with the prevailng land law. This study discusses the form and implementation of land assets pf PT. KAI by a third party and the legal validity of the consideration of PT. KAI provides the use of land for activities outside the railway. This paper is expected to contribute thoughts and PT. KAI guidelines in implementing the utilization of its asset land. This research is a legal research with empirical juridical research method, descriptive analysis research spesification. Data collection methods and techniques gained from primary data and secondary data. Methods of data analysis used the method of qualitative analysis.The conclusion in this research is the form of utilization of asset land by third party is, Buil Operate an Transfer (BOT), Buid Transfer and Operate (BTO), Joint Operation, Business Cooperation, Lease, Borrow.Utilization of asset land implemented by PT. KAI is by means of Lease and Giving of HGB above HPL. The reason for the utilization of land asset of PT. KAI beyond supporting business activities to optimize all existing assets, so that PT. KAI benefits and income from these lands. Utilization of land assets of PT. KAI outside railway activities is contrary to Article 44 of UUPA and is not accordance with the regulation of Directors of PT. KAI No. 023-VII/KAI/Dir.II/2002 so resulting in the act being null and void or considered to be non-existent.
PENGUJIAN UNSUR PENYALAHGUNAAN WEWENANG PADA PERADILAN TATA USAHA NEGARA DALAM KAITANNYA DENGAN TINDAK PIDANA KORUPSI Yasser, Bram Mohammad
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Lembaga Layanan Pendidikan Tinggi Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3558

Abstract

 The testing of the Abuse of authority is an absolute thing in the determination of corruption crime and it causes the Financial Loss to the Country or the economy of the country, the Corruption crime that is intended in this case is in article 3 corruption eradication law ,that related to the authorities and goverment or the state administrators  especially in the use of state’s finance. the inception of Law No. 30 year 2014 about Government Administration has brought fundamental changes in the Organization of the Government substantially or procedurally in the use of authority by government officials, in which every policy made by public officials when there are indications of abuse of authority and financial harm the country or economy of the country, not must be brought directly into the realm of criminal acts of corruption through the Court of the crime of corruption, but rather should be tested first aspect of abuse of authority and the State's losses, though elements of his country's loss made by the Agency of the Financial Examiner (CPC). 
LELANG TERHADAP OBJEK JAMINAN FIDUSIA YANG DIRAMPAS OLEH NEGARA BERDASARKAN PUTUSAN PENGADILAN NEGERI DI KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG PADANG ferdian, ferdian
Soumatera Law Review Vol 2, No 1 (2019): SOUMLAW
Publisher : Kopertis Wilayah X

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22216/soumlaw.v2i1.3564

Abstract

Deprivation of evidence must be carried out in accordance with the provisions of the law, principles, and principles justified by law, as a form of a rule of law that has bodies or executors of legal regulations. At this writing the object of the booty which is then auctioned is a Collateral Object tied to Fiduciary. The research method uses a sociological juridical approach. The results of the study explained that the legal nature of the booty that could be seized by the state based on a court decision that had permanent legal force must belong to the defendant and the object seized must have a direct relationship with the criminal act committed. The auction of objects of fiduciary confiscation by the State based on the decision of the Padang District Court at the State Wealth Service Office and Padang Auction, Padang District Attorney as executor of the verdict and KPKNL decision as the Institution appointed as the auctioneer has carried out the auction process in accordance with the procedure and the applicable rules, the implementation of the booty auction carried out has a mechanism and rules regarding its implementation. Legal certainty towards the auction buyers of the object of fiduciary collateral seized for the State based on the decision of the Padang District Court in fact became a guarantee in the Leasing company PT. The auction buyer Adira Dinamika Multi Finance, is still not felt by auction buyers, it is proven that there are various problems that arise after auction buyers are declared as auction winners, in terms of handling ownership documents up to security in utilizing vehicles purchased through the booty auction process.

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