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NOTARY RESPONSIBILITY FOR THIRD PARTY LOSSES DUE TO THE ISSUANCE OF THE DEED OF BINDING OF LAND PURCHASE AGREEMENT 因签发具有约束力的购地协议契约而造成第三方损失的公证责任
Pub Date : 2023-08-29 DOI: 10.21107/tlr.v5i2.21163
Halimi Halimi
Third parties in the formation of the Deed of Sale and Purchase Agreement (APPJB) Land have rights to the object regulated in the PPJB even though they are not involved in its formation as long as they have legal ties to the object being agreed upon. So that when a material loss occurs to a third party originating from the issuance of the PPJB, does the notary have the responsibility to compensate for the loss or vice versa. This type of legal research is a type of normative legal research. The results of this study indicate that legal remedies that can be taken by a third party if the deed of binding sale and purchase agreement issued by a notary causes harm to him is to send a subpoena, carry out an unlawful act lawsuit, report an alleged criminal act and make a complaint to the Regional Supervisory Council. The form of liability that can be borne by a Notary for the issuance of the Deed of Sale and Purchase Binding Agreement which is detrimental to third parties is civil liability by compensating for losses suffered by third parties in accordance with the provisions of Article 1365 of the Civil Code (KUHPerd) and criminal liability, namely serving a criminal sentence in accordance with the criminal provisions in Article 263 paragraph (1) and (2) or 264 or 266 of the Indonesian Criminal Code (KUHP) and ethically responsible according to Article 85 by receiving administrative sanctions.
土地买卖契约(APPJB)订立过程中的第三方,即使没有参与 PPJB 的订立,但只要 与约定的标的物有法律关系,就对 PPJB 所规范的标的物享有权利。因此,当第三方因签发 PPJB 而遭受重大损失时,公证人是否有责任赔偿损失,反之亦然。这类法律研究属于规范性法律研究的一种。研究结果表明,如果公证处出具的具有约束力的买卖契约对第三方造成损害,第三方可以采取的法律补救措施包括:发出传票、提起违法行为诉讼、举报涉嫌犯罪行为以及向地区监督委员会投诉。公证人因出具对第三方造成损害的具有约束力的买卖契约而可能承担的责任形式包括民事责任,即根据《民法典》(KUHPerd)第1365条的规定赔偿第三方的损失;刑事责任,即根据《印度尼西亚刑法典》(KUHP)第263条第(1)款和第(2)款或第264条或第266条的刑事规定服刑;以及根据第85条的规定承担道德责任,即接受行政处罚。
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引用次数: 0
IJTIHAD AS A METHOD OF LEGAL DISCOVERY IN THE ISLAMIC LEGAL SYSTEM 伊斯兰法律体系中作为法律发现方法的 "伊吉哈德
Pub Date : 2023-08-28 DOI: 10.21107/tlr.v5i2.21051
Siti Nashrah Binti Tamsir, Zaini Zaini
Although the existence of the Qur'an and Al-Hadith is an authentic source and the basis of law in Islam, this does not close the role of Muslim intellectuals in exploring and establishing the laws needed to solve all problems in the lives of Muslims. Especially on new problems along with the development of science and technology. This research uses the method of literature law by analyzing the legal status of Ijtihad based on literature sources in Islamic legal science. The result obtained in this study is that one of the legal products that can be a source of law in Islam is through the mechanism of Ijtihad as a solution to legal problems in society. Ijtihad is an Islamic appreciation and recognition of the existence of the human mind in solving all problems, one of which is related to Islamic law.
虽然《古兰经》和《圣训》是伊斯兰教法律的真实来源和基础,但这并不妨碍穆斯林知识分子探索和建立解决穆斯林生活中所有问题所需的法律。尤其是随着科学技术的发展而出现的新问题。本研究采用文献法的方法,根据伊斯兰法律科学中的文献资料分析了 "伊集哈德 "的法律地位。研究结果表明,伊斯兰教的法律产品之一是通过 "伊集哈德 "机制来解决社会中的法律问题。伊斯兰教赞赏并承认人类思想在解决所有问题方面的存在,其中一个问题与伊斯兰法律有关。
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引用次数: 0
CONSTITUTION IN LEGAL POLITICAL PERSPECTIVE 法律政治视角下的宪法
Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16487
N. Zaman
In this study there are 2 (two) problems studied. First, what is the form or form of legal politics in the 1945 Constitution. Second, what is the nature of legal politics in the 1945 Constitution. This research uses normative legal research. The research results obtained: First, the form or form of legal politics in the constitution as a means in order to achieve the goals of the state, namely the interests of the nation and state, the basic law of legal politics in the constitution comes from the values and character of the nation, taking into account the legal system adopted. Second, the legal politics in the 1945 Constitution is not rigid or permanent, but the nature of legal politics in the constitution is open, that is, it can adapt to the situation and conditions of its era, either through the method of interpretation or through the method of change.
在本研究中,研究了2个问题。首先,1945年宪法中法律政治的形式是什么。其次,1945年宪法中法律政治的本质是什么?本研究采用规范法学研究。研究得到的结果是:第一,宪法中法律政治的形式或形式作为一种手段,以实现国家的目标,即民族和国家的利益,宪法中法律政治的基本规律来自于民族的价值观和性格,考虑到所采用的法律制度。其次,1945年《宪法》中的法律政治不是刚性的,也不是永久性的,而是宪法中的法律政治的性质是开放性的,即它既可以通过解释的方法,也可以通过改变的方法来适应它所处时代的形势和条件。
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引用次数: 0
PROTECTION OF SUSTAINABLE FOOD AGRICULTURAL LAND AGAINST THE CONVERSION OF AGRICULTURAL LAND TO NON-AGRICULTURAL (STUDY IN BANGKALAN) 保护可持续粮食农业用地,防止农业用地向非农业用地转变(在邦卡兰的研究)
Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16236
Yunita Fenditia Astiti, Riesta Yogahastama
Protection of Sustainable Food Agricultural Land which is then stated in Regional Regulation No. 05 of 2013 is one of the policies of the Bangkalan Regional Government to reduce the rate of conversion of agricultural land to non-agricultural. The policy is indicated to be ineffective in its implementation in the community because the substance, structure, and culture of the community do not support the existence of the policy. This type of research is empirical research or commonly called field research that can uncover facts in the field. The type of research used is sociological juridical that can observe the reactions and interactions that occur when a norm does not work properly. The approach method used is the fact approach and the legislation approach. Data types and sources use primary data and secondary data, data collection methods use interviews with several communities and related agencies. Then it is analyzed using a descriptive-qualitative method. The results of the research in the application of the Bangkalan Regional Regulation will be tested for its effectiveness in the community when viewed from the civil law aspect which tends to be very lacking to be applied which has an impact on there are still communities transferring their land for personal interests due to the lack of incentives provided by local governments.
2013年第05号区域法规中规定的可持续粮食农业用地保护是邦卡兰地区政府的政策之一,旨在降低农业用地向非农业用地的转化率。该政策在社区中的执行是无效的,因为社区的物质、结构和文化不支持该政策的存在。这种类型的研究是实证研究,通常称为实地研究,可以揭示该领域的事实。所使用的研究类型是社会学法学,可以观察当规范不正常工作时发生的反应和相互作用。所采用的途径方法有事实途径和立法途径。数据类型和来源使用主要数据和次要数据,数据收集方法使用对几个社区和相关机构的访谈。然后采用描述定性方法对其进行分析。Bangkalan Regional Regulation的应用研究结果将被检验其在社区中的有效性,当从民法方面来看,往往非常缺乏应用,这对仍然有社区由于缺乏地方政府提供的激励而为了个人利益而转让土地产生影响。
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引用次数: 0
A NORMATIVE REVIEW OF THE SIMULTANEOUS GENERAL ELECTION AND REGIONAL HEAD ELECTION DELAY 对同时举行普选和地区区长选举延迟的规范审查
Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16340
A. Ansori, Agung Ali Fahmi, M. Mukhlish
A government system based on people's sovereignty can be called a democratic government system. Democracy itself is realized by a government based on representatives of the people who are democratically elected by means of general elections. General elections or elections are a logical consequence of a country that adheres to a democratic system, and democracy is a safe way to maintain control over the rule of law. article 3 of Law NO. 7 of 2017 concerning ELECTIONS states that ELECTIONS must be held based on the principles of being effective and efficient. Therefore, the separation of national elections and local elections is to represent the existence of this article. Simultaneous elections to be held in 2024, namely elections on a national and local scale, will bring various negative impacts. If the 2022 and 2023 Regional head elections are postponed and held in 2024, the Jakarta-centric issue is very dominant and local issues or agendas are sidelined. Meanwhile, the regulation related to the postponement of the Regional head election is contained in Article 201 paragraph (9), (10), and (11) of Law no. 1 of 2015 concerning Stipulation of Government Regulation into Law no. 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law. 
以人民主权为基础的政府制度可以称为民主政府制度。民主本身是由一个由人民代表组成的政府实现的,这些代表是通过普选民主选举产生的。大选或选举是一个坚持民主制度的国家的必然结果,民主是维持对法治控制的安全方式。第33号法第三条关于选举的2017年第7号决议指出,选举必须在有效和高效的原则基础上进行。因此,全国选举和地方选举的分离是代表这条的存在。2024年将同时举行全国和地方选举,这将带来各种负面影响。如果将2022年和2023年的地区长选举推迟到2024年举行,那么以雅加达为中心的问题将占据主导地位,地方问题或议程将被边缘化。与此同时,关于推迟大区区长选举的规定载于第18号法律第201条第9、10、11项。2015年1月1日(关于政府监管规定)2014年第1号关于州长、董事和市长选举成为法律的法令。
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引用次数: 0
Criminal Conviction of Child Traffic Offenders Reviewed From The Juvenile Criminal Justice System 从少年刑事司法制度看儿童交通肇事者的刑事定罪
Pub Date : 2022-08-08 DOI: 10.21107/tlr.v4i1.16235
Muhammad Dzikri Akbar Syafi’i, Firman Arif Pribadi, Saiful Abdullah
Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (hereinafter referred to as the SPPA Law) which is a formal criminal law for children specifically regulates punishment that can be imposed on children. The criminal sanctions stipulated in the SPPA Law are different from the criminal sanctions in the Criminal Code. The criminal sanctions contained in Article 71 do not include criminal sanctions of confinement and criminal sanctions of fines, nor does the SPPA Law specifically regulate criminal sanctions in lieu of imprisonment and fines. This is a problem related to children who commit criminal acts of traffic violations which in material law are threatened with imprisonment and fines. In this case, the criminal sanctions that can be imposed on children perpetrators of traffic violations are criminal sanctions contained in the SPPA Law by taking into account the principle of the best interests for children, as well as the regulations contained in the SPPA Law. The research method used in this study is a normative juridical research method, with a statute approach and a conceptual approach. The collection of sources of legal materials, both primary and secondary, is carried out through legal literature studies, recording legal documents, laws and regulations and tracing the research results of others. The results of this study show that the criminal sanctions that can be imposed on children violating traffic crimes under the SPPA Law are criminal sanctions for warning, probation, and job training.
2012年关于少年刑事司法制度的第11号法律(以下简称SPPA法)是一部正式的儿童刑法,具体规定了可以对儿童施加的惩罚。《防止虐待儿童法》规定的刑事制裁与《刑法》规定的刑事制裁不同。第71条所载的刑事制裁不包括监禁的刑事制裁和罚款的刑事制裁,《保护儿童权利法》也没有具体规定以监禁和罚款代替刑事制裁。这是一个与犯有违反交通法规的犯罪行为的儿童有关的问题,这些犯罪行为在物质法上受到监禁和罚款的威胁。在这种情况下,可以对违反交通规则的儿童犯罪者施加的刑事制裁是《儿童权利保护法》所载的刑事制裁,考虑到儿童的最大利益原则,以及《儿童权利保护法》所载的条例。本研究采用的研究方法是一种规范的法律研究方法,包括法规研究方法和概念研究方法。通过法律文献研究,记录法律文书、法律法规,追溯他人的研究成果,开展一手、一手法律资料来源的收集。本研究结果显示,根据《防止儿童伤害保护法》,对违反交通犯罪的儿童可实施的刑事处罚为警告、缓刑、就业培训等刑事处罚。
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引用次数: 0
The Model Of Legal Protection For Products Of Genetic Engineering In Agricultural Technology 农业技术中基因工程产品的法律保护模式
Pub Date : 2019-05-20 DOI: 10.21107/tlr.v1i1.5255
D. Susanti, A'an Efendi, Nuzulia Kumala Sari
This research is aimed to find a new model of legal protection for the product of genetic engineering in the field of agricultural biotechnology. The concept of legal protection as coined by Philipus M. Hadjon is limited to administrative law in the relationship between the people and the government, not applicable to all fields of law. The legal protection for genetic engineering in the field of agricultural biotechnology is covered in laws and their derivative regulations as it evidently provides forum of compensation for the infringement of intellectual property resulted in genetic engineering in agricultural biotechnology. The contract becomes a special instrument of legal protection between owners of intellectual property in the field of agricultural biotechnology dealing with civil laws.
本研究旨在为农业生物技术领域的基因工程产品寻找一种新的法律保护模式。philip M. Hadjon提出的法律保护概念仅限于行政法律中人民与政府之间的关系,并不适用于所有法律领域。农业生物技术领域基因工程的法律保护是法律及其衍生法规所涵盖的内容,它显然为农业生物技术领域基因工程造成的知识产权侵权提供了赔偿平台。合同成为农业生物技术领域知识产权权利人之间处理民事法律问题的特殊法律保护文书。
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引用次数: 0
Intergration Between Modern Laws With Living Laws In Rural Comunities In The Rural Economic Development 农村经济发展中的现代法律与农村社区生活法律的融合
Pub Date : 2019-05-06 DOI: 10.21107/tlr.v1i1.5251
Ardhiwinda Kusumaputra, E. Retnowati
The purpose of this study is to find and analyze the integration between state modern laws and the living laws in the village, in its relation with national economic development and to find and analyze the ways to optimize national economic development through rural autonomy. The research method used is normative juridical, using legal material. The integration between state modern laws and the living law in the rural communities is by giving attention and accommodating the living laws in the rural communities especially in the economic order in the village including the establishment of Village-Owned Enterprises (BUMDes). In the formation of rules or laws relating to the economy or village empowerment, it should not only be juridical aspect that is prioritized but the philosophical, and sociological aspect of rural communities needs should be used as foundation . Reflection on the Pancasila understanding is also very necessary. This is because Pancasila is transformation result of various legal principles in Indonesia, Optimizing village economic development through rural autonomy by making improvements, and empowering all the potential of the village in particular the human resources and natural resources.
本研究的目的在于发现和分析国家现代法律与乡村生活法律之间的融合及其与国家经济发展的关系,并寻找和分析通过农村自治来优化国家经济发展的途径。使用的研究方法是规范法学,使用法律材料。国家现代法律与农村社区生活法的融合,主要表现在关注和适应农村社区生活法,特别是农村经济秩序中的生活法,包括建立村企。在制定与经济或乡村赋权相关的规则或法律时,不仅要优先考虑法律方面,而且要以农村社区需求的哲学和社会学方面为基础。对Pancasila理解的反思也是非常必要的。这是因为Pancasila是印度尼西亚各种法律原则的转型结果,通过改进农村自治来优化村庄经济发展,并赋予村庄的所有潜力,特别是人力资源和自然资源。
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引用次数: 0
The Dillem Of The Right To Privacy In Indonesia: Does Indonesia’s Corruption Eradication Commission (KPK) in Spying People Violate International Human Rights Laws to Protect the Right to Privacy? 印尼隐私权的困境:印尼肃贪委员会(KPK)监视人民是否违反国际人权法以保护隐私权?
Pub Date : 2019-02-05 DOI: 10.21107/tlr.v1i1.5254
D. Wijaya
Corruption is a serious crime in Indonesia. Indonesia commonly recognize that Corruption as extra ordinary crime that has to be combated by extra ordinary means as well. Interception has been determined as the best way to reduce the number of these engaged in corruption, Indonesia is adherence to some international human rights instrument aims to support the basic rights of the people. The scope of the concept of privacy, in some theorists’ perspective has sailed to be properly conceptualized. In addition, the international community recognizes privacy is a fundamental human right which is well-described in several Conventions. This reflects the importance of the right to privacy for every individual in the world, either for adult, children or for people who have disabilities. Some of the interception actions done by the KPK, do not comply with the international principles on human rights in electronic surveillance actions. This means Indonesia must improve its laws through adding some articles in order to fully comply with international principles on human rights in electronic surveillance actions. The research method used is normative juridical, normative juridical is research based on the analysis of legal materials in the form of several legal principles and several legal theories as well as laws and regulations that are in accordance with the problems in this study.
腐败在印度尼西亚是一种严重的罪行。印度尼西亚普遍认为,腐败是一种非常普通的犯罪,必须采取非常普通的手段加以打击。拦截已被确定为减少这些参与腐败的人数的最佳方式,印度尼西亚正在遵守一些旨在支持人民基本权利的国际人权文书。在一些理论家看来,隐私概念的范围已经被适当地概念化了。此外,国际社会承认隐私权是一项基本人权,在若干公约中有很好的描述。这反映了世界上每个人的隐私权的重要性,无论是成人、儿童还是残疾人。廉政公署的一些拦截行动,并不符合国际上有关电子监视行动的人权原则。这意味着印度尼西亚必须通过增加一些条款来改进其法律,以便充分遵守关于电子监视行动中的人权的国际原则。本文采用的研究方法是规范法学,规范法学是以几种法理和几种法理以及法律法规的形式对法律材料进行分析的基础上进行的研究,这些法律材料与本文研究的问题相吻合。
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引用次数: 0
Interpretation of Judges Toward Fasid and Batil Marriage 法官对法西德与巴蒂尔婚姻的解读
Pub Date : 2019-02-05 DOI: 10.21107/tlr.v1i1.5259
Fitri Hidayat
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引用次数: 0
期刊
Trunojoyo Law Review
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