The implementation of medical behavior involves two parties, namely doctors or other health workers as executors of medical behavior and patients as recipients of medical behavior bound in Informed Consent. However, the occurrence of malpractice cases causes the role of Informed Consent to be doubted both from the patient and doctor's side because the validity of Informed Consent becomes biased if there is no legal basis and knowledge of the agreement. The research aims to analyze the role of Informed Consent as legal protection for the relationship between doctors and patients in cases of malpractice and to analyze the legal remedies given to doctors and patients in malpractice cases in Supreme Court Decision Number 21/Pdt.G/2018/PN Mnk. This type of research is normative research using a statutory-based approach. The process of collecting data through a literature study with an analysis of legal materials through a qualitative descriptive analysis. The results of the study prove that the role of informed consent as legal protection is not entirely a determinant of a case being declared as malpractice. From the decision Number 21/Pdt.G/2018/PN Mnk it was concluded that the existence of Informed Consent could not be used as legal protection because the doctor was proven to have made a mistake in setting the drug dosage. Related to the legal protection given to patients who are victims of malpractice is the Health Law no. 23 of 1992 which gives everyone the right to ask for compensation for mistakes and negligence committed by health workers.
{"title":"ANALYSIS OF INFORMED CONSENT AS THE LEGAL PROTECTION OF PHYSICIAN RELATIONSHIPS AND PATIENTS IN MALPRACTICE CASES","authors":"Irwan Lazuardi, Siti Marwiyah","doi":"10.55047/polri.v2i4.774","DOIUrl":"https://doi.org/10.55047/polri.v2i4.774","url":null,"abstract":"The implementation of medical behavior involves two parties, namely doctors or other health workers as executors of medical behavior and patients as recipients of medical behavior bound in Informed Consent. However, the occurrence of malpractice cases causes the role of Informed Consent to be doubted both from the patient and doctor's side because the validity of Informed Consent becomes biased if there is no legal basis and knowledge of the agreement. The research aims to analyze the role of Informed Consent as legal protection for the relationship between doctors and patients in cases of malpractice and to analyze the legal remedies given to doctors and patients in malpractice cases in Supreme Court Decision Number 21/Pdt.G/2018/PN Mnk. This type of research is normative research using a statutory-based approach. The process of collecting data through a literature study with an analysis of legal materials through a qualitative descriptive analysis. The results of the study prove that the role of informed consent as legal protection is not entirely a determinant of a case being declared as malpractice. From the decision Number 21/Pdt.G/2018/PN Mnk it was concluded that the existence of Informed Consent could not be used as legal protection because the doctor was proven to have made a mistake in setting the drug dosage. Related to the legal protection given to patients who are victims of malpractice is the Health Law no. 23 of 1992 which gives everyone the right to ask for compensation for mistakes and negligence committed by health workers.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135970867","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}
Evidence is needed to show the truth of the crime that occurred. The importance of evidence as evidence in legal cases greatly influences the outcome of the decision determined by the judge. The completeness and validity of evidence is the most important factor in determining a case decision. So based on the problems above, researchers will conduct an analysis of the application of evidence and obstacles to the application of evidence in Decision Number: 1342 K/Pid/2022. This study uses a normative legal research type with the Statue Approach and Case Approach approaches. Sources of legal material come from the Civil Code (KUHAP) Articles 183 to 189 and Articles 55 and 56 of the Criminal Code. The process of collecting data through a literature study will be analyzed using a qualitative descriptive analysis. The results of this study are: 1) The application of evidence in the court decision Number: 1342 K/Pid/2022 concerning the Criminal Act of Murder is in accordance with the existing requirements and has the force of law in proving the murder case that occurred, and 2) The Judge does not encountered obstacles in the use of evidence to drop Court Decision Number: 1342 K/Pid/2022 concerning the Crime of Murder where evidence was available from the Defendant's Statement, Witness Statement and Physical Evidence that corroborated the occurrence of a violation of the law.
{"title":"RATIO DECIDENDI IN DETERMINING TOOLS OF EVIDENCE INSTRUCTIONS FOR SETTLEMENT OF CRIMINAL CASES IN THE MURDER TRIAL","authors":"Eddy Wahono, Wahyu Prawesthi","doi":"10.55047/polri.v2i4.780","DOIUrl":"https://doi.org/10.55047/polri.v2i4.780","url":null,"abstract":"Evidence is needed to show the truth of the crime that occurred. The importance of evidence as evidence in legal cases greatly influences the outcome of the decision determined by the judge. The completeness and validity of evidence is the most important factor in determining a case decision. So based on the problems above, researchers will conduct an analysis of the application of evidence and obstacles to the application of evidence in Decision Number: 1342 K/Pid/2022. This study uses a normative legal research type with the Statue Approach and Case Approach approaches. Sources of legal material come from the Civil Code (KUHAP) Articles 183 to 189 and Articles 55 and 56 of the Criminal Code. The process of collecting data through a literature study will be analyzed using a qualitative descriptive analysis. The results of this study are: 1) The application of evidence in the court decision Number: 1342 K/Pid/2022 concerning the Criminal Act of Murder is in accordance with the existing requirements and has the force of law in proving the murder case that occurred, and 2) The Judge does not encountered obstacles in the use of evidence to drop Court Decision Number: 1342 K/Pid/2022 concerning the Crime of Murder where evidence was available from the Defendant's Statement, Witness Statement and Physical Evidence that corroborated the occurrence of a violation of the law.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135970862","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 crime of robbery involves theft that can lead to the loss of a person's life. To address this issue, the police are empowered with authority and responsibilities outlined in Article 13 of Law Number 2 of 2002. These responsibilities include maintaining security and public order, upholding the law, and providing protection, services, and assistance to the community. This research aims to (1) understand the role of the National Police in combating criminal acts involving violence (such as "begal"), and (2) explore efforts to uphold the rule of law when addressing such criminal acts. This study adopts a normative legal research approach, incorporating statutory, case-based, and conceptual legal analyses. Legal materials are examined through interpretation and relevant legal theories, leading to deductive conclusions. The findings of this study reveal that (1) Robbery is classified as a criminal act punishable under Criminal Code Articles 365 and 368. The National Police employs preventive measures by advising the public to exercise caution in areas susceptible to robberies. Additionally, repressive legal actions are taken through investigations and trials to administer punishments. (2) If certain conditions for accountability are met, an individual displaying deviant behavior may commit specific criminal acts. Therefore, a perpetrator utilizing a planned approach to commit robbery, accompanied by the required evidence, could be sentenced to up to 12 years of imprisonment.
{"title":"EFFORTS MADE BY POLRI AS LAW ENFORCEMENT OFFICIALS IN COMMITTING CRIME WITH VIOLENCE (BEGAL)","authors":"Hermawan Sutanto, Syahrul Borman","doi":"10.55047/polri.v2i4.773","DOIUrl":"https://doi.org/10.55047/polri.v2i4.773","url":null,"abstract":"The crime of robbery involves theft that can lead to the loss of a person's life. To address this issue, the police are empowered with authority and responsibilities outlined in Article 13 of Law Number 2 of 2002. These responsibilities include maintaining security and public order, upholding the law, and providing protection, services, and assistance to the community. This research aims to (1) understand the role of the National Police in combating criminal acts involving violence (such as \"begal\"), and (2) explore efforts to uphold the rule of law when addressing such criminal acts. This study adopts a normative legal research approach, incorporating statutory, case-based, and conceptual legal analyses. Legal materials are examined through interpretation and relevant legal theories, leading to deductive conclusions. The findings of this study reveal that (1) Robbery is classified as a criminal act punishable under Criminal Code Articles 365 and 368. The National Police employs preventive measures by advising the public to exercise caution in areas susceptible to robberies. Additionally, repressive legal actions are taken through investigations and trials to administer punishments. (2) If certain conditions for accountability are met, an individual displaying deviant behavior may commit specific criminal acts. Therefore, a perpetrator utilizing a planned approach to commit robbery, accompanied by the required evidence, could be sentenced to up to 12 years of imprisonment.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"290 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135970863","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}
Construction failure can be caused by a failure in the process of procuring goods or services, or it may occur during the construction process itself. Construction work failure refers to a condition where the results of construction work do not comply with the agreed work specifications in the construction work contract, either partially or entirely, due to the fault of the service user or service provider. The purpose of this study is to analyze the responsibility of goods/services providers in the event of a building failure and to examine the form of their responsibility in such cases. This study adopts a descriptive normative approach to answer questions regarding the responsibilities of goods/services providers in cases of building failures, as outlined in Legislation Number 18 of 1999 concerning Construction Services, which was renewed as Number 2 of 2017 Construction Services, Government Regulation Number 29 of 2000 concerning construction service providers, and regulations pertaining to the responsibilities of goods/services providers in the event of building failures, which include meeting the Standards for Security, Safety, Health, and Sustainability, undergoing inspection by a team of experts appointed directly by the Minister, and complying within a maximum period of 10 (ten) years from the final delivery of Construction Services. The responsibility of goods/services providers for building failures is based on the principle of Liability based on Fault and is administered through written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the black list, and even suspension or revocation of permits.
{"title":"LEGAL RESPONSIBILITY OF GOODS/SERVICES PROVIDER FOR BUILDING FAILURE","authors":"Tulus Yudi Widodo Wibowo, Syofyan Hadi","doi":"10.55047/polri.v2i3.727","DOIUrl":"https://doi.org/10.55047/polri.v2i3.727","url":null,"abstract":"Construction failure can be caused by a failure in the process of procuring goods or services, or it may occur during the construction process itself. Construction work failure refers to a condition where the results of construction work do not comply with the agreed work specifications in the construction work contract, either partially or entirely, due to the fault of the service user or service provider. The purpose of this study is to analyze the responsibility of goods/services providers in the event of a building failure and to examine the form of their responsibility in such cases. This study adopts a descriptive normative approach to answer questions regarding the responsibilities of goods/services providers in cases of building failures, as outlined in Legislation Number 18 of 1999 concerning Construction Services, which was renewed as Number 2 of 2017 Construction Services, Government Regulation Number 29 of 2000 concerning construction service providers, and regulations pertaining to the responsibilities of goods/services providers in the event of building failures, which include meeting the Standards for Security, Safety, Health, and Sustainability, undergoing inspection by a team of experts appointed directly by the Minister, and complying within a maximum period of 10 (ten) years from the final delivery of Construction Services. The responsibility of goods/services providers for building failures is based on the principle of Liability based on Fault and is administered through written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the black list, and even suspension or revocation of permits.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136383067","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}
Citra Dewi Saputra, Mila Surahmi, Zaimah Husin, M. Martindo Merta
This research examines the legal perspective of the inheritance rights of adopted children based on the Indonesian Civil Code. Inheritance is the transfer of property rights from a deceased person to living heirs, and in many cases, adopted children may be entitled to inherit from their adoptive parents. However, the status of adopted children in inheritance laws can be complex and raises various legal issues. The study explores the concept of adoption and its implications on the inheritance rights of adopted children. It analyzes relevant provisions of the Indonesian Civil Code and other related legal texts to understand the legal status of adopted children as heirs. The research also investigates the challenges and problems that may arise in determining the inheritance rights of adopted children, particularly when there are natural descendants or other adoptive children involved. By adopting a qualitative research approach, the study gathers data through legal document analysis and interviews with legal experts. The findings shed light on the legal intricacies surrounding the inheritance rights of adopted children and provide insights into the recognition and protection of their rights under the prevailing legal framework. The research contributes to the understanding of the legal complexities surrounding adoption and inheritance in Indonesia and highlights the importance of addressing these issues to ensure fair and just treatment of adopted children in matters of inheritance.
{"title":"JURIDICAL REVIEW OF THE INHERITANCE RIGHTS OF ADOPTED CHILDREN IN THE PERSPECTIVE OF THE CIVIL CODE","authors":"Citra Dewi Saputra, Mila Surahmi, Zaimah Husin, M. Martindo Merta","doi":"10.55047/polri.v2i3.738","DOIUrl":"https://doi.org/10.55047/polri.v2i3.738","url":null,"abstract":"This research examines the legal perspective of the inheritance rights of adopted children based on the Indonesian Civil Code. Inheritance is the transfer of property rights from a deceased person to living heirs, and in many cases, adopted children may be entitled to inherit from their adoptive parents. However, the status of adopted children in inheritance laws can be complex and raises various legal issues. The study explores the concept of adoption and its implications on the inheritance rights of adopted children. It analyzes relevant provisions of the Indonesian Civil Code and other related legal texts to understand the legal status of adopted children as heirs. The research also investigates the challenges and problems that may arise in determining the inheritance rights of adopted children, particularly when there are natural descendants or other adoptive children involved. By adopting a qualitative research approach, the study gathers data through legal document analysis and interviews with legal experts. The findings shed light on the legal intricacies surrounding the inheritance rights of adopted children and provide insights into the recognition and protection of their rights under the prevailing legal framework. The research contributes to the understanding of the legal complexities surrounding adoption and inheritance in Indonesia and highlights the importance of addressing these issues to ensure fair and just treatment of adopted children in matters of inheritance.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136383066","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}
Gholib Yudha Mawaridi, Surya Nita, Eva Achjani Zulfa
Online gambling has gained popularity worldwide as a major entertainment industry. However, this growth has also brought about concerns regarding criminal activities such as fraud, money laundering, and illegal gambling operations. This study aims to analyze the considerations of judges in sentencing online gambling crimes and proving online togel gambling crimes. The research adopts a normative juridical approach (legal research) to examine the application of rules or norms in positive law using a statute-based approach. The analysis reveals that Article 303 and Article 303 Bis of the Criminal Code are utilized to address online gambling crimes, particularly online togel gambling. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2011 regarding Electronic Information and Transactions can serve as a legal basis, it was not applied in this case. When deciding a criminal case, judges must take into account various factors, including ensuring that the actions charged meet the formulation of the offense and are in violation of the law, assessing the defendant's ability to be held accountable, and considering any justifications presented. Furthermore, the judge should also consider objective requirements, such as a complete indictment, case submission letter, and the case file. In the context of online togel gambling, evidence is evaluated using the theory of the Negative Legal System, which mandates at least two valid pieces of evidence as stipulated in Article 184 of the Criminal Procedure Code, in conjunction with the judge's own belief. Despite the availability of the Information and Electronic Transactions (ITE) Law as a legal basis, this study demonstrates the continued reliance on Article 303 of the Criminal Code for such cases, indicating that the principle of lex specialis derogat legi generali (specific laws override general laws) does not apply.
{"title":"JURIDICAL STUDY ON CRIMINAL ACTS OF ONLINE TOGEL GAMBLING","authors":"Gholib Yudha Mawaridi, Surya Nita, Eva Achjani Zulfa","doi":"10.55047/polri.v2i3.680","DOIUrl":"https://doi.org/10.55047/polri.v2i3.680","url":null,"abstract":"Online gambling has gained popularity worldwide as a major entertainment industry. However, this growth has also brought about concerns regarding criminal activities such as fraud, money laundering, and illegal gambling operations. This study aims to analyze the considerations of judges in sentencing online gambling crimes and proving online togel gambling crimes. The research adopts a normative juridical approach (legal research) to examine the application of rules or norms in positive law using a statute-based approach. The analysis reveals that Article 303 and Article 303 Bis of the Criminal Code are utilized to address online gambling crimes, particularly online togel gambling. Although Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2011 regarding Electronic Information and Transactions can serve as a legal basis, it was not applied in this case. When deciding a criminal case, judges must take into account various factors, including ensuring that the actions charged meet the formulation of the offense and are in violation of the law, assessing the defendant's ability to be held accountable, and considering any justifications presented. Furthermore, the judge should also consider objective requirements, such as a complete indictment, case submission letter, and the case file. In the context of online togel gambling, evidence is evaluated using the theory of the Negative Legal System, which mandates at least two valid pieces of evidence as stipulated in Article 184 of the Criminal Procedure Code, in conjunction with the judge's own belief. Despite the availability of the Information and Electronic Transactions (ITE) Law as a legal basis, this study demonstrates the continued reliance on Article 303 of the Criminal Code for such cases, indicating that the principle of lex specialis derogat legi generali (specific laws override general laws) does not apply.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135359567","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 aims to analyze the considerations and reasons of judges when determining the same punishment for recidivist offenders engaged in illegal fishing, as well as the factors that contribute to the ineffectiveness of sanctions imposed on illegal fishing perpetrators. Recidivism is regulated in Articles 486, 487, and 488 of the Criminal Code, which stipulate that the penalty for repeat offenses should be increased by 1/3 of the previous sentence. However, in decision number 7/Pid.Sus/2022/PN Snb jo 28/Pid.Sus/2016/PN Snb, the judge imposed the same sentence of 3 years in prison for the defendant, without increasing the sentence as required. The research utilizes normative juridical and empirical juridical methods. The findings indicate that, in determining sanctions, judges consider aggravating and mitigating circumstances for the defendant. Their decisions are not solely based on formal evidence, but also rely on the judge's conviction. The judge's reasoning for imposing the same sanctions in this case was due to the fact that the defendant did not own the object of the crime, demonstrated good behavior during the trial, and was the breadwinner of the family. Factors contributing to the ineffectiveness of the imposed sanctions include lenient penalties, factors related to law enforcement, environmental considerations, and socio-economic factors.
本研究旨在分析法官在对从事非法捕鱼的累犯确定相同刑罚时的考虑和原因，以及导致对非法捕鱼行为人制裁无效的因素。《刑法》第486条、第487条、第488条对累犯进行了规定，规定重犯的量刑在原量刑的1/3以上。但是，在第7/Pid号决定中。Sus/2022/PN Snb jo 28/Pid。Sus/2016/PN Snb，法官对被告判处同样的3年监禁，没有按要求增加刑期。本研究运用了规范法和实证法两种方法。调查结果表明，在决定制裁时，法官会考虑被告人的加重和减轻情节。他们的决定不仅基于正式证据，而且还依赖于法官的定罪。法官在本案中施加同样制裁的理由是，被告不拥有犯罪对象，在审判期间表现良好，并且是养家糊口的人。造成制裁无效的因素包括处罚从轻、与执法有关的因素、环境因素和社会经济因素。
{"title":"ANALYSIS OF JUDGES' DECISIONS ON CRIMINAL SANCTIONS FOR ILLEGAL FISHING RECIDIVISTS","authors":"Widya Safira, Ilka Sandela","doi":"10.55047/polri.v2i2.616","DOIUrl":"https://doi.org/10.55047/polri.v2i2.616","url":null,"abstract":"This research aims to analyze the considerations and reasons of judges when determining the same punishment for recidivist offenders engaged in illegal fishing, as well as the factors that contribute to the ineffectiveness of sanctions imposed on illegal fishing perpetrators. Recidivism is regulated in Articles 486, 487, and 488 of the Criminal Code, which stipulate that the penalty for repeat offenses should be increased by 1/3 of the previous sentence. However, in decision number 7/Pid.Sus/2022/PN Snb jo 28/Pid.Sus/2016/PN Snb, the judge imposed the same sentence of 3 years in prison for the defendant, without increasing the sentence as required. The research utilizes normative juridical and empirical juridical methods. The findings indicate that, in determining sanctions, judges consider aggravating and mitigating circumstances for the defendant. Their decisions are not solely based on formal evidence, but also rely on the judge's conviction. The judge's reasoning for imposing the same sanctions in this case was due to the fact that the defendant did not own the object of the crime, demonstrated good behavior during the trial, and was the breadwinner of the family. Factors contributing to the ineffectiveness of the imposed sanctions include lenient penalties, factors related to law enforcement, environmental considerations, and socio-economic factors.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974508","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}
I Gusti Made Oka Mahendra, Dewa Gede Pradnyana Yustiawan
This scientific paper aims to examine the legal validity of land tenure by foreigners through mixed marriages obtained from inheritance, with a focus on the perspective of the UUPA (Undang-Undang Pokok Agraria). It also investigates the legal consequences that arise from the cancellation of ownership rights to land obtained through inheritance by foreigners. The presence of mixed marriages in Indonesia has implications for joint property ownership in marriage. According to Article 35 of the Marriage Law, joint property refers to assets acquired during marriage that become shared property. However, Article 21, paragraph (3) of the Basic Agrarian Law (Law No. 5/1960) lacks clarity in terms of norms governing land tenure by foreigners derived from inheritance. This ambiguity arises from the absence of a defined time limit or clear provisions regarding land tenure by foreigners through inheritance. This research utilizes normative legal research methods, employing legislative, conceptual, and analytical approaches. Foreign nationals can acquire land ownership if they enter into a mixed marriage with Indonesian citizens. In such cases, the land must remain under the ownership of the Indonesian citizen, with a joint property separation agreement established prior to the mixed marriage. The heirs of foreign nationals can still hold Hak milik land acquired through inheritance, but only for a period of one year. After this period, the land reverts to state ownership. Foreign nationals have the option to sell the land to an Indonesian citizen or apply for a Right of Use through the National Land Agency, in accordance with the applicable regulations.
这篇科学论文旨在研究外国人通过继承获得的混合婚姻获得的土地使用权的法律有效性，重点关注UUPA (Undang-Undang Pokok Agraria)的观点。它还调查了外国人通过继承获得的土地所有权被取消所产生的法律后果。在印度尼西亚，跨国婚姻的存在对婚姻中的共同财产所有权产生了影响。根据《婚姻法》第三十五条的规定，共同财产是指婚姻期间取得的财产成为共同财产。但是，《基本土地法》(第5/1960号法律)第21条第(3)款没有明确规定外国人继承得来的土地使用权的规范。这种模糊性是由于对外国人通过继承获得的土地保有权缺乏明确的时限或明确的规定。本研究采用规范的法律研究方法，采用立法、概念和分析方法。外国人如果与印尼公民通婚，就可以获得土地所有权。在这种情况下，土地必须由印度尼西亚公民拥有，并在混合婚姻之前签订共同财产分离协议。外国人的继承人仍然可以拥有通过继承获得的Hak牛奶土地，但只有1年的时间。期满后，土地归国家所有。外国国民可以选择将土地出售给印度尼西亚公民，或根据适用法规通过国家土地局申请使用权。
{"title":"LEGAL VALIDITY OF LAND TENURE BY FOREIGNERS THROUGH MIXED MARRIAGES OBTAINED FROM INHERITANCE FROM THE UUPA PERSPECTIVE","authors":"I Gusti Made Oka Mahendra, Dewa Gede Pradnyana Yustiawan","doi":"10.55047/polri.v2i2.619","DOIUrl":"https://doi.org/10.55047/polri.v2i2.619","url":null,"abstract":"This scientific paper aims to examine the legal validity of land tenure by foreigners through mixed marriages obtained from inheritance, with a focus on the perspective of the UUPA (Undang-Undang Pokok Agraria). It also investigates the legal consequences that arise from the cancellation of ownership rights to land obtained through inheritance by foreigners. The presence of mixed marriages in Indonesia has implications for joint property ownership in marriage. According to Article 35 of the Marriage Law, joint property refers to assets acquired during marriage that become shared property. However, Article 21, paragraph (3) of the Basic Agrarian Law (Law No. 5/1960) lacks clarity in terms of norms governing land tenure by foreigners derived from inheritance. This ambiguity arises from the absence of a defined time limit or clear provisions regarding land tenure by foreigners through inheritance. This research utilizes normative legal research methods, employing legislative, conceptual, and analytical approaches. Foreign nationals can acquire land ownership if they enter into a mixed marriage with Indonesian citizens. In such cases, the land must remain under the ownership of the Indonesian citizen, with a joint property separation agreement established prior to the mixed marriage. The heirs of foreign nationals can still hold Hak milik land acquired through inheritance, but only for a period of one year. After this period, the land reverts to state ownership. Foreign nationals have the option to sell the land to an Indonesian citizen or apply for a Right of Use through the National Land Agency, in accordance with the applicable regulations.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974509","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}
Gusti Putu Krisna Murti AV, Dewa Gede Pradnyana Yustiawan
Legal issues with regard to authenticity, authenticity, and proof arise frequently because no laws exist to control the private information of users of electronic agreements. The aim of this research is to determine whether or not there are issues with the legal binding force of agreements established via electronic means. This study employs a normative qualitative approach, based on the analysis of secondary data and bolstered by original data collected in the field. The findings prove that digital investigative tools can be used to verify the legitimacy, veracity, and integrity of electronic contracts. A person's permission is required before any of their personally identifiable information (PHI) can be used in any way, shape, or form via technological media. The evidentiary weight of an electronic or digitally signed deal is the same as that of a handwritten one. As progress is made toward open proof, the judicial system can make use of the system. Given the prevalence of online media in modern business dealings, it follows that any evidence acquired from any source, provided it is true, is admissible so long as it does not violate public order.
{"title":"LEGAL CONSEQUENCES OF ELECTRONIC AGREEMENTS REVIEWED FROM ARTICLE 1866 OF THE CIVIL CODE","authors":"Gusti Putu Krisna Murti AV, Dewa Gede Pradnyana Yustiawan","doi":"10.55047/polri.v2i1.535","DOIUrl":"https://doi.org/10.55047/polri.v2i1.535","url":null,"abstract":"Legal issues with regard to authenticity, authenticity, and proof arise frequently because no laws exist to control the private information of users of electronic agreements. The aim of this research is to determine whether or not there are issues with the legal binding force of agreements established via electronic means. This study employs a normative qualitative approach, based on the analysis of secondary data and bolstered by original data collected in the field. The findings prove that digital investigative tools can be used to verify the legitimacy, veracity, and integrity of electronic contracts. A person's permission is required before any of their personally identifiable information (PHI) can be used in any way, shape, or form via technological media. The evidentiary weight of an electronic or digitally signed deal is the same as that of a handwritten one. As progress is made toward open proof, the judicial system can make use of the system. Given the prevalence of online media in modern business dealings, it follows that any evidence acquired from any source, provided it is true, is admissible so long as it does not violate public order.","PeriodicalId":499977,"journal":{"name":"POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135694717","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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