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Implementasi Asas Keterbukaan dalam Pelaksanaan Program PTSL di Kabupaten Jepara
Q1 Arts and Humanities Pub Date : 2023-03-16 DOI: 10.37680/almanhaj.v5i1.2398
Moh Wildan Hikmawan, Nur Adhim
Land registration is a process that should be carried out by every community who exercises control over their land, the government seeks various ways to create people who are aware of the importance of registering land under their control with the aim of obtaining legal certainty and legal protection, therefore the government carries out a land registration program complete systematic in Jepara district. This paper aims to explain the implementation of a complete systematic land registration program in Jepara Regency and the implementation of the principle of transparency in the implementation of the PTSL program in Jepara Regency. The research method uses a normative juridical approach that has descriptive characteristics. The results of this study are that the implementation of the PTSL program in Jepara Regency is carried out by the National Land Agency with participation in each village so that the PTSL program is carried out in that village, and also explains the steps in implementing the PTSL program, and solving problems in land disputes and errors in the publication land certificates registered by the community, and the creation of the principle of openness in the PTSL program in Jepara Regency.
土地登记是每一个控制其土地的社区都应该进行的过程,政府寻求各种方式来创造人们,他们意识到在他们控制下登记土地的重要性,目的是获得法律确定性和法律保护,因此政府在Jepara地区开展了一项完整系统的土地登记计划。本文旨在解释在耶帕拉县实施完整系统的土地登记计划,以及在耶帕拉县实施PTSL计划时透明度原则的实施。研究方法采用具有描述性特征的规范性司法方法。这项研究的结果是,在Jepara摄政PTSL项目的实现进行了由国家土地管理局和参与每个村庄这PTSL的程序进行的村庄,和也解释了PTSL计划,实施的步骤和解决土地纠纷问题和错误在出版土地证书注册的社区,以及创建开放的原则PTSL项目Jepara摄政。
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引用次数: 1
Pembebanan Hak Tanggungan pada Hak Guna Bangunan diatas Hak Milik
Q1 Arts and Humanities Pub Date : 2023-03-13 DOI: 10.37680/almanhaj.v5i1.2385
Althea Salza Nastiti, Madeleine Evania Darmawan, Deny Irawan, Nurmalita Fajar Arifah
Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.
房屋使用权高于产权的债务担保容易出现问题,特别是在房屋使用权违约或未偿还但已到期的情况下。在此基础上,本研究旨在分析具有建筑物使用权的土地抵押权的施加,并解释作为抵押权持有人的债权人的法律保护。将使用的研究类型是规范研究。本研究将采用法定方法或成文法方法。数据收集技术采用文献研究和规范分析技术。本研究结果表明,建筑物使用权高于产权,可以被控抵押权。债权人作为持有抵押的一方,在债务人违约的情况下必须适用预防原则。关于通过抵押权出让契据将建筑物使用权的抵押权强加于产权的法律保障问题。这是考虑到如果进行抵押拍卖的过程需要很长时间,那么建筑物的使用权将比所有权更受影响。债权人还被赋予在产权之上更新建筑物使用权的权力,作为防止建筑物使用权在上述产权之上被消灭的努力之一。
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引用次数: 0
Peran dan Kedudukan KUA dalam Pengajuan Pembatalan Perkawinan Akibat Pemalsuan Identitas (Putusan 2856/Pdt.G/2022/PA. Mdn) 因身份欺诈而解除婚姻关系(裁决2856/Pdt G/2022/PA)。Mdn)
Q1 Arts and Humanities Pub Date : 2023-03-10 DOI: 10.37680/almanhaj.v5i1.2490
Fitri Suryaningsih, Amalia Hayati
This study aims to examine the role and position of the KUA when submitting an annulment of a marriage due to falsification of identity in the decision 2856/Pdt.G/2022/PA. Mdn. Where usually those who file lawsuits for annulment of marriages are husbands, wives or relatives who get married because there are parties who feel cheated. What is unique is the decision number 2856/Pdt.G/2022/PA. Mdn. is that the plaintiff filing a lawsuit for annulment of the marriage is the KUA itself. This research is a normative juridical research, with a statutory and conceptual approach. The results of the study described that the KUA was less thorough in examining the identity documents of the prospective bride and groom. And the KUA also filed a lawsuit for annulment of the marriage to the Religious Court, even though juridically it is very permissible. So that the role and functions of the KUA are really needed which can actually be carried out according to the applicable procedures, namely to help carry out some of the district ministry of religion offices in the field of Islam in the sub-district area. This study concluded that the head of the KUA made a mistake and filed a lawsuit for annulment of his marriage to the Medan Religious Court. Juridically, this is perfectly permissible. however, this is a very unique and rare occurrence. And the steps of the KUA in submitting the application are correct, here the KUA as a marriage registrar, issues a marriage book, supervises marriages in accordance with Article 1 PERMA No. 19 of 2018 concerning registration of marriages.
本研究旨在探讨在2856/Pdt.G/2022/PA号决议中,由于伪造身份而提出婚姻无效时,KUA的角色和地位。中数。提起婚姻无效诉讼的人通常是丈夫、妻子或亲戚,因为有一方感到被欺骗而结婚。独特的是2856/Pdt.G/2022/PA号决议。中数。是原告提起诉讼,要求取消婚姻是KUA本身。本研究是一项规范性的法学研究,具有成文法和概念性的方法。研究结果表明,KUA在检查准新娘和准新郎的身份证件方面不够彻底。虽然在法律上是允许的,但韩国婚姻协会还向宗教法院提出了婚姻无效的诉讼。因此,KUA的作用和职能是真正需要的,实际上可以根据适用的程序进行,即帮助在街道地区开展伊斯兰教领域的一些地区宗教部办公室。该研究的结论是,KUA的负责人犯了错误,并向棉兰宗教法院提出了解除婚姻的诉讼。在法律上,这是完全允许的。然而,这是一个非常独特和罕见的事件。KUA提交申请的步骤是正确的,KUA作为婚姻登记员,根据2018年PERMA第19号关于婚姻登记的第一条,签发婚姻登记簿,对婚姻进行监督。
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引用次数: 0
RETRACTION: Implementasi Prinsip At-Tadarruj terhadap Modal Bank Konversi dari Bank Konvensional menjadi Bank Syariah (Studi Bank NTB Syariah)
Q1 Arts and Humanities Pub Date : 2023-03-10 DOI: 10.37680/almanhaj.v5i1.2390
Latifatul Khiyaroh
Artikel ini ditarik karena terindikasi tindak plagiasi
这篇文章是出于剽窃的迹象而撤回的
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引用次数: 0
Authority of the Indonesian Doctors Association (IDI) in Providing Recommendations for Medical Practice Permits 印度尼西亚医生协会(IDI)在提供医疗执业许可建议方面的权威
Q1 Arts and Humanities Pub Date : 2023-03-06 DOI: 10.37680/almanhaj.v5i1.2343
Rudijanto Gunawan, Helvis Helvis
The law says that doctors and dentists have the right to perform medical actions because their jobs are unique. A doctor who does not obtain consent for legal medical action and/or performs medical practices that are not in accordance with professional standards violates human rights and health. Violations of the right to health are also violations of human rights. The goal of this study is to examine the authority of the Indonesian Doctors Association (IDI), a professional organization that provides recommendations for the issuance of licenses to practice for doctors practicing in Indonesia, and how it, along with the Indonesian Medical Council (KKI), contributes to the maintenance and promotion of the professionalism and ethics of its members (the medical profession). The approach used in this study is a normative legal approach that focuses on the results of positive legal research. As for the results of this study, cooperation between the professional organization of the Indonesian Doctors Association (IDI) and the Central Government and Regency/City Regional Governments for medical practice licensing services and supervisory boards is needed to maintain the professionalism of IDI as the only professional doctor organization in Indonesia.
法律规定,医生和牙医有权进行医疗活动,因为他们的工作是独一无二的。未经同意采取合法医疗行动和(或)采取不符合专业标准的医疗做法的医生侵犯了人权和健康。侵犯健康权也是侵犯人权。本研究的目的是审查印度尼西亚医生协会(IDI)的权威,这是一个为在印度尼西亚执业的医生颁发执业执照提供建议的专业组织,以及它如何与印度尼西亚医学委员会(KKI)一道,为维护和促进其成员(医疗专业)的专业精神和道德作出贡献。本研究使用的方法是一种规范性法律方法,侧重于实证法律研究的结果。就本研究的结果而言,需要印度尼西亚医生协会(IDI)的专业组织与中央政府和摄政/城市地区政府就医疗执业许可服务和监督委员会进行合作,以保持IDI作为印度尼西亚唯一专业医生组织的专业性。
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引用次数: 0
Mediation as an Alternative to Medical Dispute Settlement in Hospitals 调解作为医院医疗纠纷解决的一种选择
Q1 Arts and Humanities Pub Date : 2023-03-06 DOI: 10.37680/almanhaj.v5i1.2359
Hotma Banjarnahor, Helvis Helvis
Mediation is one way to try to solve a disagreement. In this process, both sides agree to bring in a neutral third party to act as a mediator.The purpose of this research is to examine the case of Deed of Peace No. 001/AP/III/2021, in which a lawsuit was filed against the doctor due to malpractice that resulted in the death of the patient. As for the method that researchers uses an empirical legal approach, and the type of legal study is a full analysis of primary, secondary, and tertiary legal materials. The research and talk about it have led to a scientific work that is complete, clear, detailed, and well organized. Empirical Legal Research is a legal research method that uses empirical facts derived from human behavior, including both verbal behavior obtained through interviews and direct observation of real behavior. Empirical research is also used to look at the results of people's actions by looking at physical remains and old records. The results of this study are the constraints on the implementation of malpractice settlements in Deed of Peace No. 001/AP/III/2020 that are internal and external. Obstacles from within (internal) in the form of a lack of commitment and intention on the parties' part to reconcile While the inhibiting factors from outside (external) are the inability of the mediator to reconcile, the existence of advocates who seek profit by choosing the court route, and the absence of a special institution that is domiciled as a legal institution in each hospital, such as hospital ethics and law committees.
调解是解决分歧的一种方法。在这个过程中,双方同意引入一个中立的第三方作为调解人。本研究的目的是审查第001/AP/III/2021号和平契约案,在该案中,由于医疗事故导致患者死亡,对医生提起了诉讼。在方法上,研究者采用实证法学方法,法学研究的类型是对一级、二级和三级法律材料的全面分析。对它的研究和讨论导致了一项完整、清晰、详细和组织良好的科学工作。实证法律研究是一种利用从人类行为中获得的经验事实的法律研究方法,既包括通过访谈获得的口头行为,也包括对真实行为的直接观察。实证研究也用于通过观察实物遗骸和旧记录来观察人们行为的结果。本研究结果从内部和外部两个方面对第001/AP/III/2020号和平契据中不当行为解决方案的实施进行了约束。来自内部(内部)的障碍,表现为双方缺乏和解的承诺和意愿;而来自外部(外部)的抑制因素是调解员无法和解,存在通过选择法院途径寻求利益的辩护人,以及每家医院缺乏作为法律机构注册的专门机构,如医院道德和法律委员会。
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引用次数: 0
Penyalahgunaan Akun pada Handphone Iphone Perspektif Ibnu Taimiyah (Studi pada Akun Jual Beli Online di Kota Medan)
Q1 Arts and Humanities Pub Date : 2023-03-04 DOI: 10.37680/almanhaj.v5i1.2355
Muhammad Royhan Munthe, Abdul Rahman Harahap
Collaboration with iPhone users is cooperation in the form of services in providing a visual display by providing photo and video services via iPhone mobile phones. To do this, the owner of an online buying and selling account must provide the password from his buying and selling account to the iPhone service and video owner. The purpose and focus of this research is to find out the law of cooperation on the iPhone in the Islamic perspective of Ibnu Taimiyah in the city of Medan. The methods used by the author are Library Research and Field Research with a normative-empirical approach. The results of this study are based on the perspective of Ibnu Taimiyah which is related to all kinds of business, namely to uphold justice in doing business. Therefore, cooperation in photo and video services for iPhones is very dangerous for personal data and in this collaboration there is no la dharar principle, namely the principle of not hurting each other.
与iPhone用户的合作是以服务形式的合作,通过iPhone手机提供照片和视频服务,提供视觉展示。要做到这一点,在线买卖账户的所有者必须将其买卖账户的密码提供给iPhone服务和视频所有者。本研究的目的和重点是在棉兰市Ibnu Taimiyah的伊斯兰视角下找出iPhone上的合作规律。作者采用的研究方法是图书馆研究法和规范实证研究法的实地研究法。本研究的结果是基于Ibnu Taimiyah的视角,而Ibnu Taimiyah与各种商业有关,即在做生意时秉持正义。因此,iphone在照片和视频服务上的合作对于个人数据来说是非常危险的,并且在这种合作中没有la dharar原则,即不伤害对方的原则。
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引用次数: 0
Dampak Pelaksanaanpredatory Pricing oleh Pedagang Seafood Mentah Perspektif Teori Sadd Dzari’ah Muhamad Abu Zahrah (Studi Kasus Pasar Pagi Kecamatan Medan Helvetia Kota Medan)
Q1 Arts and Humanities Pub Date : 2023-03-03 DOI: 10.37680/almanhaj.v5i1.2273
Muhammada Bimo Fikri Hidayatullah, Fatimah Zahara
The perpetrators of predatory pricing by raw seafood traders at Pasar Pagi, Medan Helvetia District, are activities where traders sell products at prices below the cost of producing an item. With the first objective of predatory pricing is to get rid of opposing traders or competitors from the same market. However, after the trader succeeds in driving other business actors out of the market, then the trader raises the price again and maximizes the profits he gets. The purpose of this study was to determine the impact of predatory pricing on the morning market in Medan from the perspective of Muhammad Abu Zahrah. This study uses a qualitative approach to parse and explain the problem. This research is a field research (field research) with the type of normative-empirical research, in which the author conducts research based on applicable regulations with practices that are mostly carried out in society, where these practices are not in accordance with the applicable provisions as they should. The results of this study indicate that raw seafood traders as predatory pricing actors damage the price mechanism at the morning market in the Medan Helvetia sub-district which has been formed based on the sales environment in the market. The act of predatory pricing which is understood as being understood can provide an excuse for other traders which according to Muhammad Abu Zahra can cause something that causes damage or something that is prohibited. In this case, predatory pricing actors clearly provide an entry point for fraud against other seafood traders and this is not justified in Islamic law.
棉兰赫尔维蒂亚区Pasar Pagi生海鲜贸易商掠夺性定价的肇事者是贸易商以低于生产成本的价格出售产品的活动。掠夺性定价的第一个目标是在同一市场上摆脱对立的交易者或竞争者。然而,当交易者成功地将其他商业参与者赶出市场后,他就会再次提高价格,从而使他获得的利润最大化。本研究的目的是从穆罕默德阿布扎赫拉的角度来确定掠夺性定价对棉兰早市的影响。本研究使用定性的方法来分析和解释这个问题。本研究属于规范-实证研究类型的实地研究(field research),作者根据适用的法规和实践进行研究,这些实践大多是在社会中进行的,这些实践并不符合适用的规定。研究结果表明,作为掠夺性定价主体的生海鲜商贩破坏了棉兰Helvetia街道早市基于市场销售环境形成的价格机制。掠夺性定价行为被理解为可以为其他交易者提供借口,根据穆罕默德·阿布·扎赫拉的说法,这可能会造成损害或被禁止的行为。在这种情况下,掠夺性定价行为者显然为欺诈其他海产品贸易商提供了切入点,这在伊斯兰法律中是不合理的。
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引用次数: 0
UNDERSTANDING ZINA LAW IN INDONESIA (After the Ratification of the Criminal Code Bill Becomes Law Number 1 of 2023 About the Criminal Code) 了解印尼的“吉娜法”(在《刑法法案》被批准为《2023年第1号刑法》之后)
Q1 Arts and Humanities Pub Date : 2023-02-28 DOI: 10.37680/almanhaj.v5i1.2363
Rizqi Suprayogi
This study aims to find weaknesses in law enforcement related to the problem of adultery in Indonesian laws as well as to provide solutions so that the law can be upheld. This research was made using library research research which in its implementation collected sources of books, laws and the internet. The results of this study indicate that adultery is a public crime that has an impact on the perpetrators, family and society. The act of adultery is contrary to socio-cultural customs and religion. The perpetrators of adultery must be punished according to statutory regulations according to Law Number 1 of 2023 concerning the Criminal Code. Even though there are still weaknesses in the law, customary law can play a role in encouraging the perpetrators of adultery to be entangled in the law. Through the customary wisdom of the community.
本研究旨在找出印尼法律中与通奸问题相关的执法弱点,并提供解决方案,使法律得以维护。本研究采用图书馆研究的方法,在实施过程中收集了书籍、法律和互联网的资源。研究结果表明,通奸是一种公共犯罪,对犯罪人、家庭和社会都有影响。通奸行为违背社会文化习俗和宗教。必须根据关于《刑法》的2023年第1号法律对通奸者进行法定处罚。尽管习惯法仍有不足之处,但习惯法可以在鼓励通奸者陷入法律困境方面发挥作用。通过社区的传统智慧。
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引用次数: 0
Tinjauan Yuridis Tanggung Jawab Hukum dalam Perjanjian Kredit Perbankan Apabila Debitur Wanprestasi 在银行信贷协议中审查债务人的法律责任
Q1 Arts and Humanities Pub Date : 2023-02-23 DOI: 10.37680/almanhaj.v5i1.2364
Marsheila Audrey Nuralisha, Siti Mahmudah
Humans are social beings who need each other to achieve what will be achieved. The goal is to communicate thoughts and feelings that arise from his common sense. With the relationship between humans with one another, this can also happen between humans and banks. Which human or someone will lend funds or credit to banks. But in reality, someone who has done credit financing does not follow the agreement and causes default. Thus, the occurrence of this default resulted in a person having to take legal responsibility to resolve the problem. Therefore, This research focuses on the legal principles in default regulations in banking and legal responsibility in resolving default debtor problems. This paper aims to explain the juridical review and legal responsibility in bank credit agreements if the debtor defaults. The research method uses a normative juridical approach that has descriptive characteristics. The result of this study is a juridical review based on the Banking Law and legal responsibility is carried out by mediation first so that the debtor and creditor can choose a middle way. If the debtor cannot resolve the case, then the final solution is to file a lawsuit with the court based on an agreement between the two parties.
人类是社会生物,需要彼此来实现将要实现的目标。这样做的目的是为了传达他从常识中产生的想法和感受。在人与人之间的关系中,这种情况也可能发生在人与银行之间。哪个人或某人会把资金或信贷借给银行。但在现实中,做过信用融资的人不遵守约定,导致违约。因此,这种违约的发生导致一个人不得不承担法律责任来解决问题。因此,本研究的重点是银行业违约监管的法律原则和解决违约债务人问题的法律责任。本文旨在解释银行信贷协议中债务人违约时的司法审查和法律责任。研究方法采用具有描述性特征的规范性司法方法。本文的研究结果是以《银行法》为基础进行司法审查,首先通过调解进行法律责任的追究,使债务人和债权人选择一条中间道路。如果债务人无法解决,那么最终的解决办法是根据双方的协议向法院提起诉讼。
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引用次数: 0
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Al Ihkam Jurnal Hukum Pranata Sosial
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