Pub Date : 2020-07-02DOI: 10.30596/nomoi.v1i1.4647
Mahalia Nola Pohan, Nita Nilan Sry Rezki Pulungan
Grant as mentioned in Article 1666 of the Civil Code, is "Something of agreement with which the donor in his lifetime, with Free and irrevocably, surrender an object for the needs of the recipient of the grant receiving the surrender . But in practice, the grantor often gives his assets more than his wealth, or exceeds the port specified by the Law, so that inheritance disputes arise by heirs. To prove a grant made by the testator had violated legitieme portie or not is to determine the overall number boedel inheritance, then will be calculated legitieme portie it . This paper will discuss proof of legitimie portie grant violations committed by the testator and efforts to protect the rights of heirs in the grant so that they do not violate the Civil Code. This paper is conducted using normative juridical research methods or library law research, the method or method used in legal research conducted by examining existing library materials. Prove that a grant made by the testator had violated legitieme portie is to determine the overall number boedel inheritance, and then counted legitieme portie it, after it was discovered the magnitude of legitieme portie then be seen how much the remaining estate after the grant implemented . Keywords : Proof, Legitieme Portie, Grant.
{"title":"Proof Of Grant That Violates Legitieme Portie According To Civil Code","authors":"Mahalia Nola Pohan, Nita Nilan Sry Rezki Pulungan","doi":"10.30596/nomoi.v1i1.4647","DOIUrl":"https://doi.org/10.30596/nomoi.v1i1.4647","url":null,"abstract":"Grant as mentioned in Article 1666 of the Civil Code, is \"Something of agreement with which the donor in his lifetime, with Free and irrevocably, surrender an object for the needs of the recipient of the grant receiving the surrender . But in practice, the grantor often gives his assets more than his wealth, or exceeds the port specified by the Law, so that inheritance disputes arise by heirs. To prove a grant made by the testator had violated legitieme portie or not is to determine the overall number boedel inheritance, then will be calculated legitieme portie it . This paper will discuss proof of legitimie portie grant violations committed by the testator and efforts to protect the rights of heirs in the grant so that they do not violate the Civil Code. This paper is conducted using normative juridical research methods or library law research, the method or method used in legal research conducted by examining existing library materials. Prove that a grant made by the testator had violated legitieme portie is to determine the overall number boedel inheritance, and then counted legitieme portie it, after it was discovered the magnitude of legitieme portie then be seen how much the remaining estate after the grant implemented . Keywords : Proof, Legitieme Portie, Grant.","PeriodicalId":437238,"journal":{"name":"NOMOI Law Review","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133428296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.30596/nomoi.v1i1.4648
M. Putuhena
The issue of the mechanism for the approval of the laws and regulations needs to be assessed for their constitutionality because it will deal with the authority of the President and the House of Representatives (DPR) in the formation of legislation. The method used in this legal research is the normative juridical method. The results showed that the unconstitutionality of Article 52 and Article 71 of Law 12 of 2011 was because there was a reduction in the authority of the DPR in the Perpu made by the President because the DPR did not yet have the authority to refuse all or accept a portion of the Perpu with conditions for improvement. Keyword: Constitutional, Perpu, DPR, President.
{"title":"Constitutionality Of Mechanism Approval Government Regulation Replacement Act In Law Number 12 Of 2011 Concerning The Formation Of Laws And Regulations","authors":"M. Putuhena","doi":"10.30596/nomoi.v1i1.4648","DOIUrl":"https://doi.org/10.30596/nomoi.v1i1.4648","url":null,"abstract":"The issue of the mechanism for the approval of the laws and regulations needs to be assessed for their constitutionality because it will deal with the authority of the President and the House of Representatives (DPR) in the formation of legislation. The method used in this legal research is the normative juridical method. The results showed that the unconstitutionality of Article 52 and Article 71 of Law 12 of 2011 was because there was a reduction in the authority of the DPR in the Perpu made by the President because the DPR did not yet have the authority to refuse all or accept a portion of the Perpu with conditions for improvement. Keyword: Constitutional, Perpu, DPR, President.","PeriodicalId":437238,"journal":{"name":"NOMOI Law Review","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129191919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.30596/NOMOI.V1I1.4645
Cynthia Hadita
Regional autonomy can not be separated from political power, including the dynamics of the revision of relevant legislation pertaining to local government information report liability regional head for legislature. However, it is necessary to study the politics of regional autonomy through legislation that can provide only partial or partial benefits. The issue to be discussed is concerning the politics of regional autonomy law and its implications related to the report on the responsibility of the regional head to the regional legislative assembly. The research method used is normative juridical. The results showed that (1) the administration of regional government is related to the 5th precepts of Pancasila, Article 18 of the 1945 Constitution of the Republic of Indonesia, Article 71 of the Regional Government Law, which shows the dynamics of changes that are pragmatic and has substantial changes with the revision of the Regional Government Law. (2) The political implications of the regional autonomy law related to the report of the regional head are now only recommendation and corrective, but the regional people's representative council cannot easily overthrow the regional head that has been directly elected by the people. Keywords: Politics, Regional autonomy, Implication.
{"title":"Regional Autonomy Political Politics Of Regional Liability Reports To Regional Representatives In The Implementation Of Local Government","authors":"Cynthia Hadita","doi":"10.30596/NOMOI.V1I1.4645","DOIUrl":"https://doi.org/10.30596/NOMOI.V1I1.4645","url":null,"abstract":"Regional autonomy can not be separated from political power, including the dynamics of the revision of relevant legislation pertaining to local government information report liability regional head for legislature. However, it is necessary to study the politics of regional autonomy through legislation that can provide only partial or partial benefits. The issue to be discussed is concerning the politics of regional autonomy law and its implications related to the report on the responsibility of the regional head to the regional legislative assembly. The research method used is normative juridical. The results showed that (1) the administration of regional government is related to the 5th precepts of Pancasila, Article 18 of the 1945 Constitution of the Republic of Indonesia, Article 71 of the Regional Government Law, which shows the dynamics of changes that are pragmatic and has substantial changes with the revision of the Regional Government Law. (2) The political implications of the regional autonomy law related to the report of the regional head are now only recommendation and corrective, but the regional people's representative council cannot easily overthrow the regional head that has been directly elected by the people. Keywords: Politics, Regional autonomy, Implication.","PeriodicalId":437238,"journal":{"name":"NOMOI Law Review","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128420980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-31DOI: 10.30596/nomoi.v1i1.4285
A. Ansor
Consolidation is an action taken to strengthen, unite and strengthen the relationship of national unity and unity if it is associated with the fifth amendment of the 1945 Constitution of the Republic of Indonesia. The question that the author discusses in this study first is the desire of the authorities to make the fifth amendment to the 1945 Constitution of the Republic of Indonesia through consolidation? As for the conclusion of this study that in the framework of the Consolidation of the Fifth Amendment of the 1945 Constitution of the Republic of Indonesia will bring the Indonesian people to a better and orderly future and there will be no more cracks and consolidation will be realized in accordance with the rules of developed and modern countries such as the United States of America as a comparison. The method used in this study is a normative juridical legal research method. The fifth amendment is able to be the basis of national consolidation, because the state actors agree that the 1945 Constitution of the State of the Republic of Indonesia is used as the Grund Norm, will be able to bring prosperity to the nation and state, with this fifth amendment able to bring and develop an Indonesian state that consists of various kinds ethnicity, religion, race and culture. Keywords: Consolidation , Amendment, C onstitution, P residential S ystem .
{"title":"Fifth Amendment Consolidation Of The 1945 Constitution Of The Republic Of Indonesia","authors":"A. Ansor","doi":"10.30596/nomoi.v1i1.4285","DOIUrl":"https://doi.org/10.30596/nomoi.v1i1.4285","url":null,"abstract":"Consolidation is an action taken to strengthen, unite and strengthen the relationship of national unity and unity if it is associated with the fifth amendment of the 1945 Constitution of the Republic of Indonesia. The question that the author discusses in this study first is the desire of the authorities to make the fifth amendment to the 1945 Constitution of the Republic of Indonesia through consolidation? As for the conclusion of this study that in the framework of the Consolidation of the Fifth Amendment of the 1945 Constitution of the Republic of Indonesia will bring the Indonesian people to a better and orderly future and there will be no more cracks and consolidation will be realized in accordance with the rules of developed and modern countries such as the United States of America as a comparison. The method used in this study is a normative juridical legal research method. The fifth amendment is able to be the basis of national consolidation, because the state actors agree that the 1945 Constitution of the State of the Republic of Indonesia is used as the Grund Norm, will be able to bring prosperity to the nation and state, with this fifth amendment able to bring and develop an Indonesian state that consists of various kinds ethnicity, religion, race and culture. Keywords: Consolidation , Amendment, C onstitution, P residential S ystem .","PeriodicalId":437238,"journal":{"name":"NOMOI Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123717064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-31DOI: 10.30596/nomoi.v1i1.4289
Abdul Hakim Siagian
After the amendment of the Constitution of the Unitary State of the Republic of Indonesia in 1945 changed the constitutional system in Indonesia, since the birth of the Constitutional Court of the Republic of Indonesia which was authorized to adjudicate the dissolution of political parties up to now has never been done by the Constitutional Court, the debate over the dissolution of political parties is also seen as a violation of the rights of political parties. Human rights as the right to assemble and associate, the state administration thought continues to develop about the dissolution of corrupt political parties by giving authority to the Constitutional Court.This research was conducted with normative legal research whose data is sourced from secondary data and since this research data is secondary data, it is included in the type of normative legal research. The nature of this research is descriptive, which aims to provide an overview of social phenomena about the expansion of the authority of the Constitutional Court in the Disbanding of a Corrupt Political Party. Sources of research data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The method of data collection is done using document study techniques, which are analyzed using qualitative analysis techniques. Keywords: Constitutional Court, Disbandment of Political Parties, Corrupt Party.
{"title":"Extension Of The Constitutional Court Authority In The Dissolution Of Corrupted Political Parties","authors":"Abdul Hakim Siagian","doi":"10.30596/nomoi.v1i1.4289","DOIUrl":"https://doi.org/10.30596/nomoi.v1i1.4289","url":null,"abstract":"After the amendment of the Constitution of the Unitary State of the Republic of Indonesia in 1945 changed the constitutional system in Indonesia, since the birth of the Constitutional Court of the Republic of Indonesia which was authorized to adjudicate the dissolution of political parties up to now has never been done by the Constitutional Court, the debate over the dissolution of political parties is also seen as a violation of the rights of political parties. Human rights as the right to assemble and associate, the state administration thought continues to develop about the dissolution of corrupt political parties by giving authority to the Constitutional Court.This research was conducted with normative legal research whose data is sourced from secondary data and since this research data is secondary data, it is included in the type of normative legal research. The nature of this research is descriptive, which aims to provide an overview of social phenomena about the expansion of the authority of the Constitutional Court in the Disbanding of a Corrupt Political Party. Sources of research data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The method of data collection is done using document study techniques, which are analyzed using qualitative analysis techniques. Keywords: Constitutional Court, Disbandment of Political Parties, Corrupt Party.","PeriodicalId":437238,"journal":{"name":"NOMOI Law Review","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127271695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-31DOI: 10.30596/NOMOI.V1I1.4283
Ibnu Sina Chandranegara
Abstract After the collapse of the New Order regime, the hope of a more realized configuration gave freedom of approval through apress. However, the freedom obtained by the Press is currently full of negatives, namely news of false news that is increasing. The method used in this study is a normative juridical legal research method. According to the results of the 2018 Edelman Trust Barometer survey, seven out of 10 people in the world were worried that fake news would be used as "weapons". In Indonesia alone, 76 to 80 percent of the public is worried about using hoaks as a weapon to create instability in the country. These findings indicate that there are challenges from democratic reform and post-reform law enforcement. This paper discusses the solution to the legal aspect of dealing with the rise of false news as an effort to protect democracy and freedom of information. Keywords: Press Freedom, Law E nforcement, D emocracy .
{"title":"Press Freedom And Hoax: Democracy Anomaly","authors":"Ibnu Sina Chandranegara","doi":"10.30596/NOMOI.V1I1.4283","DOIUrl":"https://doi.org/10.30596/NOMOI.V1I1.4283","url":null,"abstract":"Abstract After the collapse of the New Order regime, the hope of a more realized configuration gave freedom of approval through apress. However, the freedom obtained by the Press is currently full of negatives, namely news of false news that is increasing. The method used in this study is a normative juridical legal research method. According to the results of the 2018 Edelman Trust Barometer survey, seven out of 10 people in the world were worried that fake news would be used as \"weapons\". In Indonesia alone, 76 to 80 percent of the public is worried about using hoaks as a weapon to create instability in the country. These findings indicate that there are challenges from democratic reform and post-reform law enforcement. This paper discusses the solution to the legal aspect of dealing with the rise of false news as an effort to protect democracy and freedom of information. Keywords: Press Freedom, Law E nforcement, D emocracy .","PeriodicalId":437238,"journal":{"name":"NOMOI Law Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129816366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-29DOI: 10.30596/NOMOI.V1I1.4646
Fitri Yanni Dewi Siregar
Procurement of goods and services is an effort to obtain the desired goods and services by doing it on the basis of logical and systematic thinking ( the system of thought ), following applicable norms and ethics, based on standard procurement methods and processes. However, when a pandemic event occurs, many activities of every person and institution related to the procurement of goods / services become impeded. The occurrence of the Covid-19 pandemic required the state to prioritize the safety of the population, and therefore it was necessary to provide sufficient budget. This is what causes a "budget shift" which then makes the budget for procurement of goods / services significantly reduced, or even no more. Presence of Presidential Decree No. 12 of 2020concerning the Determination of Non-Disaster Spread of Corona Virus Disease 2019 (Covid-19) was not intended to make Covid-19 as a direct reason to cancel the contract. This becomes the reason and entrance for renegotiation with the reason that force majeure can certainly be based on Pasal 1244, Pasal 1245, and especially Pasal 1338 of the Civil Code . The legal effect of the presence of Presidential Decree on the Establishment of non-natural disasters Spreading Corona Virus Disease 2019 (Covid-19) against the contract goods / services procurement of government is s epanjang condition of force majeure are met , the KDP has a legitimate basis in stopping the process of selection and contracting process based on propriety and justice and the principle of budget availability. Keywords: Force Majeure, Procurement Contract.
{"title":"Pandemi As A Reason Force Majeure In Contract Procurement Of Goods / Government Services","authors":"Fitri Yanni Dewi Siregar","doi":"10.30596/NOMOI.V1I1.4646","DOIUrl":"https://doi.org/10.30596/NOMOI.V1I1.4646","url":null,"abstract":"Procurement of goods and services is an effort to obtain the desired goods and services by doing it on the basis of logical and systematic thinking ( the system of thought ), following applicable norms and ethics, based on standard procurement methods and processes. However, when a pandemic event occurs, many activities of every person and institution related to the procurement of goods / services become impeded. The occurrence of the Covid-19 pandemic required the state to prioritize the safety of the population, and therefore it was necessary to provide sufficient budget. This is what causes a \"budget shift\" which then makes the budget for procurement of goods / services significantly reduced, or even no more. Presence of Presidential Decree No. 12 of 2020concerning the Determination of Non-Disaster Spread of Corona Virus Disease 2019 (Covid-19) was not intended to make Covid-19 as a direct reason to cancel the contract. This becomes the reason and entrance for renegotiation with the reason that force majeure can certainly be based on Pasal 1244, Pasal 1245, and especially Pasal 1338 of the Civil Code . The legal effect of the presence of Presidential Decree on the Establishment of non-natural disasters Spreading Corona Virus Disease 2019 (Covid-19) against the contract goods / services procurement of government is s epanjang condition of force majeure are met , the KDP has a legitimate basis in stopping the process of selection and contracting process based on propriety and justice and the principle of budget availability. Keywords: Force Majeure, Procurement Contract.","PeriodicalId":437238,"journal":{"name":"NOMOI Law Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126956739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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