It is not impossible that the Chairperson of the Court will issue a stipulation of execution confiscation Number 7/Pen.Pdt.Eks/2020/PN.Tsm which will create new problems for parties that have nothing to do with the case, namely third parties. This study aims to analyze the judge's considerations in deciding on a third party as a good and correct adversary in Decision Number 21/Pdt.Bth/2022/PN Tsm. This research is a normative juridical research using secondary data. Research materials were analyzed prescriptively. The results showed that the judge decided that the third party was a good and correct opponent by considering the evidence presented by the opponent. The evidence consists of documentary evidence in the form of an authentic acte and the presence of two witnesses. The authentic acte submitted by Pelawan is the Sale and Purchase Acte made before the PPAT, in which the authentic acte has a perfect and binding evidentiary value. The two witnesses presented by Pelawan have fulfilled the formal and material requirements. This is in accordance with the provisions of Article 164 HIR in conjunction with Article 169 HIR.
{"title":"Pertimbangan Hukum Hakim dalam Memutuskan Pihak Ketiga Sebagai Pelawan yang Baik dan Benar","authors":"Nadya Indah Ayuningthyas, Ahdiana Yuni Lestari","doi":"10.18196/mls.v4i4.42","DOIUrl":"https://doi.org/10.18196/mls.v4i4.42","url":null,"abstract":"It is not impossible that the Chairperson of the Court will issue a stipulation of execution confiscation Number 7/Pen.Pdt.Eks/2020/PN.Tsm which will create new problems for parties that have nothing to do with the case, namely third parties. This study aims to analyze the judge's considerations in deciding on a third party as a good and correct adversary in Decision Number 21/Pdt.Bth/2022/PN Tsm. This research is a normative juridical research using secondary data. Research materials were analyzed prescriptively. The results showed that the judge decided that the third party was a good and correct opponent by considering the evidence presented by the opponent. The evidence consists of documentary evidence in the form of an authentic acte and the presence of two witnesses. The authentic acte submitted by Pelawan is the Sale and Purchase Acte made before the PPAT, in which the authentic acte has a perfect and binding evidentiary value. The two witnesses presented by Pelawan have fulfilled the formal and material requirements. This is in accordance with the provisions of Article 164 HIR in conjunction with Article 169 HIR.","PeriodicalId":489029,"journal":{"name":"Media of Law and Sharia","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136182821","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}
This research discusses the revitalization of Baitul Maal Wat Tanwil (BMT) as a pillar in improving the community's economy. The focus of the research examines solving economic problems by knowing the basics of improving the community's economy through Baitul Maal Wat Tanwil (BMT). The research method used is normative research, by explaining the problems of Baitul Maal Wat Tanwil (BMT) through data associated with the legal basis of the underlying statutory law. The data sources in this study were taken from BMT-related institutions and described using narration. The results of research in this study, namely that Qardhul Hasan financing, is very helpful for people who want to develop their business by borrowing capital funds from BMT institutions without worrying about additional payments (usury). ). Baitul Maal Wat Tanwil (BMT) has a message as a means to avoid non-Islamic economic transactions, encourage economic activity in small business capital, avoid borrowing from moneylenders, and maintain community economic stability.
本研究探讨了Baitul Maal Wat Tanwil (BMT)的振兴作为改善社区经济的支柱。研究的重点是通过Baitul Maal Wat Tanwil (BMT)了解改善社区经济的基础知识来解决经济问题。使用的研究方法是规范研究，通过与基础成文法的法律基础相关的数据来解释BMT (Baitul Maal Wat tanwill)的问题。本研究的数据来源来源于bmt相关机构，采用叙述性描述。本研究的研究结果，即Qardhul Hasan融资，对于那些想要通过向BMT机构借款而不用担心额外支付(高利贷)来发展业务的人非常有帮助。． Baitul Maal Wat Tanwil (BMT)传达的信息是，避免非伊斯兰经济交易，鼓励小企业资本的经济活动，避免向放债人借款，并维持社区经济稳定。
{"title":"Revitalisasi Baitul Maal Wat Tamwil sebagai Pilar dalam Meningkatkan Perekonomian Masyarakat","authors":"Dede Khoirunnisa, Heni Noviarita, Evi Eka Elvia","doi":"10.18196/mls.v4i4.27","DOIUrl":"https://doi.org/10.18196/mls.v4i4.27","url":null,"abstract":"This research discusses the revitalization of Baitul Maal Wat Tanwil (BMT) as a pillar in improving the community's economy. The focus of the research examines solving economic problems by knowing the basics of improving the community's economy through Baitul Maal Wat Tanwil (BMT). The research method used is normative research, by explaining the problems of Baitul Maal Wat Tanwil (BMT) through data associated with the legal basis of the underlying statutory law. The data sources in this study were taken from BMT-related institutions and described using narration. The results of research in this study, namely that Qardhul Hasan financing, is very helpful for people who want to develop their business by borrowing capital funds from BMT institutions without worrying about additional payments (usury). ). Baitul Maal Wat Tanwil (BMT) has a message as a means to avoid non-Islamic economic transactions, encourage economic activity in small business capital, avoid borrowing from moneylenders, and maintain community economic stability.","PeriodicalId":489029,"journal":{"name":"Media of Law and Sharia","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136182650","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}
Perpetrators of narcotics crimes are not only adults, but can also be children. Handling of children who commit narcotics crimes refers to the provisions of Law Number 35 of 2009 concerning Narcotics, however the criminalization process is still based on the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This aims to provide protection for children who are in conflict with the law. This research aims to analyze the resolution of narcotics crime cases by children using a restorative justice approach at the Batang Police Station. The type of research carried out is normative-empirical legal research. The results of the research show that the resolution of narcotics crime cases with child perpetrators at the Batang Police has been carried out in accordance with Perpol Number 8 of 2021, Law Number 35 of 2009, and Law Number 11 of 2012. The position of the concept of restorative justice is seen as standing alone as alternative case resolution, so that solutions to narcotics crimes committed by children can be sought through restorative justice by fulfilling material and formal requirements. While handling narcotics crime cases committed by children, Batang Police Investigators act as facilitators and mediators.
{"title":"Penyelesaian Perkara Tindak Pidana Narkotika dengan Pelaku Anak Melalui Pendekatan Restorstive Justice","authors":"Ilma Aulia Safira, Muh Endriyo Susila","doi":"10.18196/mls.v4i4.38","DOIUrl":"https://doi.org/10.18196/mls.v4i4.38","url":null,"abstract":"Perpetrators of narcotics crimes are not only adults, but can also be children. Handling of children who commit narcotics crimes refers to the provisions of Law Number 35 of 2009 concerning Narcotics, however the criminalization process is still based on the provisions of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This aims to provide protection for children who are in conflict with the law. This research aims to analyze the resolution of narcotics crime cases by children using a restorative justice approach at the Batang Police Station. The type of research carried out is normative-empirical legal research. The results of the research show that the resolution of narcotics crime cases with child perpetrators at the Batang Police has been carried out in accordance with Perpol Number 8 of 2021, Law Number 35 of 2009, and Law Number 11 of 2012. The position of the concept of restorative justice is seen as standing alone as alternative case resolution, so that solutions to narcotics crimes committed by children can be sought through restorative justice by fulfilling material and formal requirements. While handling narcotics crime cases committed by children, Batang Police Investigators act as facilitators and mediators.","PeriodicalId":489029,"journal":{"name":"Media of Law and Sharia","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136182822","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}
The development of coastal areas using reclamation is an activity that is quite active in the city of Manado. Many coastal communities do not agree with reclamation because this activity is considered to only bring problems for them. loss of sea area as a place of livelihood is the core problem of reclamation, as a result, this has an impact on the economic decline of coastal communities. The purpose of this study regarding Manado Beach reclamation is to examine it from a human rights perspective. This research method is normative-empirical. Based on the results of Manado reclamation research, it has violated the human rights inherent in fishermen, this violates the Republic of Indonesia Law Article 28, Law 39/1999 Article 1 (1), Law No 1/2014 in conjunction with Law No 27/2007 Article 1 (31), Law No 27/2007 Article 23 (5), Article 34 (2), Article 63 (1), Permen No 25/PERMEN-KP/2019 Article 16 (1) and Manado City Regional Regulation No 1/2017 Article 23(2). As a result of this behavior, the perpetrators can be tried with sanctions written in the Minister of Maritime Affairs and Fisheries Regulation No. 25/PERMEN-KP/2019 Article 17 (1), (2), (3) in general, the holder of a reclamation permit is obliged to provide compensation to people who affected by reclamation activities.
{"title":"Analisis Dampak Reklamasi Pantai Manado dari Sudut Pandang Hak Asasi Manusia","authors":"Hikmah Zougira, Nanik Prasetyoningsih","doi":"10.18196/mls.v4i4.33","DOIUrl":"https://doi.org/10.18196/mls.v4i4.33","url":null,"abstract":"The development of coastal areas using reclamation is an activity that is quite active in the city of Manado. Many coastal communities do not agree with reclamation because this activity is considered to only bring problems for them. loss of sea area as a place of livelihood is the core problem of reclamation, as a result, this has an impact on the economic decline of coastal communities. The purpose of this study regarding Manado Beach reclamation is to examine it from a human rights perspective. This research method is normative-empirical. Based on the results of Manado reclamation research, it has violated the human rights inherent in fishermen, this violates the Republic of Indonesia Law Article 28, Law 39/1999 Article 1 (1), Law No 1/2014 in conjunction with Law No 27/2007 Article 1 (31), Law No 27/2007 Article 23 (5), Article 34 (2), Article 63 (1), Permen No 25/PERMEN-KP/2019 Article 16 (1) and Manado City Regional Regulation No 1/2017 Article 23(2). As a result of this behavior, the perpetrators can be tried with sanctions written in the Minister of Maritime Affairs and Fisheries Regulation No. 25/PERMEN-KP/2019 Article 17 (1), (2), (3) in general, the holder of a reclamation permit is obliged to provide compensation to people who affected by reclamation activities.","PeriodicalId":489029,"journal":{"name":"Media of Law and Sharia","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136182817","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}
Legal protection for working children in Indonesia needs special attention because currently there are still many working or employed children, so there is a risk of having children's constitutional rights guaranteed by the 1945 Constitution. Departing from the 2021 Indonesian child profile data, the author sees that there are problems with legal protection practices for children working in Indonesia. The research aims to determine the incompatibility between the legal protection practices of children working in Indonesia and the laws and regulations, as well as the factors that influence them. This research method is normative legal research with a statutory approach, which examines secondary data from the profile data of Indonesian children in 2021 which is analyzed with laws, concepts, and theories. The results of the study show that legal protection for children working in Indonesia in practice is still not by laws and regulations in several respects, namely 1) working children below the minimum age limit for work; 2) the duration of his working time exceeds the maximum limit; 3) the level of education is low; 4) child wages are far below the provincial minimum wage; 5) the majority of children work in the informal sector; 6) there is a legal vacuum regarding efforts to deal with children working outside of work relationships. Factors that influence the implementation of legal protection for working children in Indonesia are: 1) the substance of the law has not met the legal needs of child labor; 2) the legal structure is weak in monitoring and data collection; 3) needs support for adequate facilities and infrastructure to increase monitoring and outreach of data collection; 4) community factors related to economic problems, low awareness of education, knowledge about child labor, and community concern; 5) the legal culture views working children as a norm in society.
{"title":"Problem Perlindungan Hukum Terhadap Anak yang Bekerja (Analisis Data Profil Anak Indonesia 2021)","authors":"Yusron Munawir","doi":"10.18196/mls.v4i4.37","DOIUrl":"https://doi.org/10.18196/mls.v4i4.37","url":null,"abstract":"Legal protection for working children in Indonesia needs special attention because currently there are still many working or employed children, so there is a risk of having children's constitutional rights guaranteed by the 1945 Constitution. Departing from the 2021 Indonesian child profile data, the author sees that there are problems with legal protection practices for children working in Indonesia. The research aims to determine the incompatibility between the legal protection practices of children working in Indonesia and the laws and regulations, as well as the factors that influence them. This research method is normative legal research with a statutory approach, which examines secondary data from the profile data of Indonesian children in 2021 which is analyzed with laws, concepts, and theories. The results of the study show that legal protection for children working in Indonesia in practice is still not by laws and regulations in several respects, namely 1) working children below the minimum age limit for work; 2) the duration of his working time exceeds the maximum limit; 3) the level of education is low; 4) child wages are far below the provincial minimum wage; 5) the majority of children work in the informal sector; 6) there is a legal vacuum regarding efforts to deal with children working outside of work relationships. Factors that influence the implementation of legal protection for working children in Indonesia are: 1) the substance of the law has not met the legal needs of child labor; 2) the legal structure is weak in monitoring and data collection; 3) needs support for adequate facilities and infrastructure to increase monitoring and outreach of data collection; 4) community factors related to economic problems, low awareness of education, knowledge about child labor, and community concern; 5) the legal culture views working children as a norm in society.","PeriodicalId":489029,"journal":{"name":"Media of Law and Sharia","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135497548","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}
A will or testament, according to Article 875 of the Civil Code, is a deed that contains information about a person's last message regarding what will happen to him when he dies. Cases related to testamentary grants in Supreme Court Decision Number 2979 K/Pdt/2019. In the case, it was explained that the will grant was given by a father to his son in a non-Chinese Buddhist family. This inheritance was from the couple Lay Tjin Ngo (plaintiff) and Sumita Chandra (late), and during Lay Tjin Ngo's marriage to Sumita Chandra, joint property had been obtained. The problem arose when Sumita Chandar, without the approval of Lay Tjin Ngo, made Testament Number 24 dated July 25, 2014, at Notary Kamelina, SH. The defendant's actions made Testament No. 24 dated July 25, 2014, even though there was no approval from The plaintiff, as the wife or partner of Sumita Chandra (late), is an act that violates and has caused losses to the plaintiff, who, as the wife of Sumita Chandra (late), is entitled to a portion of the joint assets of Sumita Chandra with the plaintiff. The problem discussed in this study is how the judge considers the deed of testamentary grants made by Sumita Chandra as the grantor to the defendant as the beneficiary of the will grant in terms of the perspective of joint assets and what the position of the will deed made by a notary is in terms of the perspective of shared assets. This research uses the case-based problem approach. The sources and types of data used are primary and secondary data. Based on the results of the research and discussion, it is stated that family law relates to joint property, and in the case of a testament made by a husband or wife when the spouse is still alive, the consent of the spouse is still valid.
{"title":"Kekuatan Hukum Akta Hibah Wasiat Berdasarkan Putusan MA Nomor 2979K/Pdt/2019","authors":"Putri Zakia Yurahman, Busyra Azheri, Wetria Fauzi","doi":"10.18196/mls.v4i4.11","DOIUrl":"https://doi.org/10.18196/mls.v4i4.11","url":null,"abstract":"A will or testament, according to Article 875 of the Civil Code, is a deed that contains information about a person's last message regarding what will happen to him when he dies. Cases related to testamentary grants in Supreme Court Decision Number 2979 K/Pdt/2019. In the case, it was explained that the will grant was given by a father to his son in a non-Chinese Buddhist family. This inheritance was from the couple Lay Tjin Ngo (plaintiff) and Sumita Chandra (late), and during Lay Tjin Ngo's marriage to Sumita Chandra, joint property had been obtained. The problem arose when Sumita Chandar, without the approval of Lay Tjin Ngo, made Testament Number 24 dated July 25, 2014, at Notary Kamelina, SH. The defendant's actions made Testament No. 24 dated July 25, 2014, even though there was no approval from The plaintiff, as the wife or partner of Sumita Chandra (late), is an act that violates and has caused losses to the plaintiff, who, as the wife of Sumita Chandra (late), is entitled to a portion of the joint assets of Sumita Chandra with the plaintiff. The problem discussed in this study is how the judge considers the deed of testamentary grants made by Sumita Chandra as the grantor to the defendant as the beneficiary of the will grant in terms of the perspective of joint assets and what the position of the will deed made by a notary is in terms of the perspective of shared assets. This research uses the case-based problem approach. The sources and types of data used are primary and secondary data. Based on the results of the research and discussion, it is stated that family law relates to joint property, and in the case of a testament made by a husband or wife when the spouse is still alive, the consent of the spouse is still valid.","PeriodicalId":489029,"journal":{"name":"Media of Law and Sharia","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134969854","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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