Djauhari Djauhari
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Pelaksanaan Akta Pelepasan Hak Sebagai Alas Hak Untuk Mengajukan Permohonan Peralihan Dan Perubahan Hak Guna Bangunan Yang Jangka Waktunya Telah Berakhir Di Kabupaten Brebes Ratnawati, Dwi Heny; Djauhari, Djauhari
Jurnal Akta Vol 5, No 1 (2018): Maret 2018
Publisher : Master Program (S2) Notary, Faculty of Law, Sultan Agung Islamic University, Indonesia

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AbstrakTujuan utama yang akan dilaksanakan dalam penelitian ini adalah sebagai berikut : 1) Untuk menganalisis bagaimana pelaksanaan akta pelepasan hak sebagai alas hak untuk mengajukan permohonan peralihan dan perubahan hak guna bangunan yang jangka waktunya telah berakhir, 2) Untuk menganalisis kelemahan dan solusi pelaksanaan akta pelepasan hak sebagai alas hak untuk mengajukan permohonan peralihan dan perubahan hak guna bangunan yang jangka waktunya telah berakhir di Kabupaten Brebes.Penelitian ini bersifat Soci-Legal Research dimana dalam penelitian ini akan dipaparkan tentang pelaksanaan akta pelepasan hak untuk mengajukan permohonan peralihan dan perubahan hak guna bangunan yang telah berakhir jangka waktunya. Bersifat analistis, karena terhadap data yang diperoleh itu dilakukan analisis data secara kualitatif.Kesimpulan atas pelaksanaan akta pelepasan hak sebagai alas hak untuk mengajukan permohonan peralihan dan perubahan hak guna bangunan yang jangka waktunya telah berakhir yaitu dalam pelaksanaan akta pelepasan hak harus didukung dengan syarat-syarat yang lain disamping identitas pemohon, juga mengenai data yuridis atas tanah yang dimohon yaitu berupa bukti pelunasaan dari pihak bank sebagai lembaga yang membiayai, disamping itu akta pelepasan hak dapat dilaksanakan apabila sudah memenuhi syarat otentitas akta dan syarat sahnya suatu perjanjian yaitu akta pelepasan hak dapat dibuat setelah dikeluarkanya Surat Keterangan Pendaftaran Tanah (SKPT) dari Kantor Pertanahan setempat.Kata kunci : Akta Pelepasan Hak, alas hak, Hak Guna BangunanAbstractThe main objectives to be carried out in this research are as follows: 1) To analyze how the implementation of the deed of disposal of rights as the base of the right to apply for the transition and change of building rights which has expired, 2) To analyze the weaknesses and the implementation of the deed of disposal as a basis for the right to file transitional applications and changes in building rights that have expired in Brebes County.This research is Soci-Legal Research which in this research will be presented about the implementation of the deed of release of the right to apply for the transition and change of the right to the building which has expired the time period. Analytical, because of the data obtained was analyzed data qualitatively.The conclusion of the exercise of the deed of disposal of rights as the base of the right to file the transitional application and the amendment of the rights to the building whose term has expired in the exercise of the deed of disposal shall be supported by other conditions beside the identity of the applicant as well as the juridical data on the requested land in the form of evidence of expulsion from the bank as a funding institution, in addition to the deed of disposal of rights may be exercised if it meets the authentication requirements of the deed and the validity of an agreement that is the deed of release can be made after the issuance of Land Registration Certificate (SKPT) from the local Land Office.Keywords: Deed of Rights Release, pedestal rights, building use rights
The Registration Of “Ulayat”’ Land In West Sumatra: Between The Legal Certainty And The Social Justice Amanda Putri, A. Yoma; Djauhari, Djauhari
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Master Program (S2) Notary, Faculty of Law, Sultan Agung Islamic University, Indonesia

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Ulayat land House of communal rights is a member of the House, as a fellowship of customary law. The purpose of the arrangement of Ulayat Land is to protect the customary land and take the benefits for survival in some generations and uninterrupted between the members of the House with its territory. Conceptually, this is related to a social justice. While the purpose of the registration of land, according to the article 19 BAL is to guarantee the legal certainty over land. The implementation of Customary Land or Ulayat Land Registration was preceded by the creation of the base rights. The making of the pedestal of this right in the form of a waiver of physical mastery of plots of land (Sporadic). Before the creation of the pedestal of this right was preceded by the creation of Ranji by Ninik Mamak, which was passed by the House. The writing Empirical Juridical approach, was supported by empirical juridical approach. Empirical juridical approach was done by collecting all the materials and data obtained from the field-related to the problems are examined. Registration of the customary (Ulayat) rights of the House is done by applying to the Head Office of land district/city. The filing listed on behalf of or Mamak Head Heirs using a waiver of physical mastery of parcels of the land that are signed by the Mamak Head Chiefs as Heir. The statement must be approved by the head of the tribe or Tribal King and Chairman of custom Density Nagari and known by Lurah/village chief concerned by attaching a document containing the names of the members of the House of at least three generations created by Mamak Chief Heir and known by the ruler of the tribe and the leader of the RIGHT. The registration of Customary House was expected to guarantee legal certainty for members of the House as a fellowship of customary law, because it is aimed at maintaining Customary Rights for indigenous Justice. Therefore, the customary land register of House in conceptional in touch with the land registry purposes, i.e. to guarantee legal certainty while also embodying a sense of Justice for indigenous citizens (members of the House). Keywords: Social Justice; Legal Certainty; The Registration of Ulayat Land.
Tanggung Jawab Notaris Dalam Pembuatan Akta Perjanjian Nominee Dalam Kaitannya Dengan Kepemilikan Tanah Oleh Warga Negara Asing Di Lombok Azhari, M. Edwin; Djauhari, Djauhari
Jurnal Akta Vol 5, No 1 (2018): Maret 2018
Publisher : Master Program (S2) Notary, Faculty of Law, Sultan Agung Islamic University, Indonesia

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ABSTRAKPenelitian ini menggunakan pendekatan hukum yuridis-empiris (sosio-legal research). Jenis penelitian hukum empiris merupakan jenis penelitian yang menganalisa suatu permasalahan hukum atau isu hukum berdasarkan suatu permasalahan yang ada dalam masyarakat itu sendiri dengan cara mendapatkan data lapangan. Bahan hukum yang digunakan dalam penelitian ini adalah bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Teknik pengumpulan data yang digunakan adalah studi kepustakaan, yang didukung data lapangan melalui observasi dan wawancara.Bentuk perjanjian nominee yang dibuat oleh warga negara asing dengan warga negara Indonesia di Lombok, yaitu dibuat dengan akta otentik oleh Notaris, melalui akta jual beli dengan menggunakan nama warga negara Indonesia selanjutnya melahirkan perjanjian-perjanjian lainnya. Bentuk pertanggungjawaban notaris terhadap perjanjian nominee yang dibuatnya yaitu tanggung jawab secara Perdata, Pidana dan Kode Etik. Akibat hukum dari perjanjian nominee yang dibuat oleh Notaris tersebut merupakan perbuatan penyelundupan hukum yang bertentangan dengan ketentuan peraturan perundang-undangan yang berakibat perjanjian nominee batal demi hukum.Kata Kunci : Perjanjian, Hak Milik, Nominee.ABSTRACTThis research uses juridical-empirical legal approach (socio-legal research). The type of research empirical law is a type of research that analyzes a legal issue or legal issue based on a problem that exists within the community itself by obtaining field data. The legal materials used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques used are literature study, supported by field data through observation and interview. The form of a nominee agreement made by a foreign citizen with an Indonesian citizen in Lombok, which is made by an authentic deed by a Notary, through the deed of sale and purchase using the name of the Indonesian citizen subsequently gave birth to other agreements. Forms of responsibility of a notary to the nominee agreement he made, namely, Civil, Criminal and Code of Ethics. The legal consequences of the nominee agreement made by the Notary are legal smuggling acts contrary to the provisions of laws and regulations which result in the nominee agreement null and void.Keyword : Legal Agreement, Property Rights, Nominee.
The Certainty And Legal Protection To The Buyers Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL) Pamungkas, Arif Budi; Djauhari, Djauhari
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Master Program (S2) Notary, Faculty of Law, Sultan Agung Islamic University, Indonesia

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An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right
STRATEGI MENINGKATKAN KINERJA PENJUALAN ASURANSI JIWA (Studi Di AJB BUMIPUTERA 1912 Kantor Cabang Semarang) Djauhari, Djauhari; Rachmansyah, Yanuar
PRESTASI Vol 6, No 01 (2010): Juni PRESTASI
Publisher : PRESTASI

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Perkembangan industri asuransi di era sekarang ini telah tumbuh dengan pesatnya. Perusahaan asuransi khususnya di sektor asuransi jiwa senantiasa dituntut selalu kreatif dalam menjalankan usaha atau kegiatan pemasarannya untuk menghasilkan kinerja penjualan yang tinggi, khususnya dalam persaingan yang semakin kompetitif.Kreativitas program pemasaran perusahaan asuransi dapat diimplementasikan dengan baik, ketika perusahaan mampu mengetahui karakteristik pasar, mengelola wilayah, kemampuan individu, karakteristik individu, motivasi individu, memiliki komitmen sumber daya pemasaran yang kuat dan mampu memadukan individu yang berbeda-beda menuju satu tujuan yaitu penjualan. Walaupun perubahan pasar dan persaingan yang ketat khususnya di Industri Asuransi Jiwa, senantiasa berdampak pada kinerja penjualan Ujung tombak dari perusahaan asuransi adalah tenaga penjual asuransi (Agen).Oleh karena itu kemampuan dan ketrampilan seorang tenaga penjual asuransi sangat mempengaruhi kinerja penjualan masing-masing individu. Selain kemampuan dan ketrampilan, pasar, wilayah dan jaringan penjualan sangat mempengaruhi kinerja penjualan. Perusahaan asuransi harus mampu menganalisa pasar, wilayah, jaringan penjualan  dan sumber daya pemasarannya untuk menciptakan strategi sehingga mampu menghadapi dan memenangkan persaingan dari perusahaan asuransi lain.Kondisi persaingan penjualan asuransi jiwa di wilayah Semarang sangat ketat. Menurut data dari Dewan Asuransi Indonesia (DAI) Cabang Semarang, jumlah perusahaan asuransi jiwa yang aktif melakukankegiatan operasional di Propinsi Jawa Tengah khususnya di wilayah Semarang tahun 2002 ada 17 perusahaan asuransi jiwa yang beroperasi, sedangkan pada tahun 2006 ada 20 perusahaan asuransi jiwa. Berdasarkan data penjualan new bisnis AJB Bumiputera 1912 Kantor Cabang Semarang dari tahun 2001 sampai dengan tahun 2005 menunjukkan data yang fluktuatif. Data tersebut menunjukkan adanya indikasi persaingan penjualan asuransi jiwa di wilayah Semarang semakin ketat.Berdasarkan pendataan yang dilakukan oleh AJB Bumiputera 1912 Kantor Cabang Semarang (2006), di wilayah Kantor Cabang Semarang terdapat 1.266.397 Kepala Keluarga (KK) potensial yang diperkirakan dapat berasuransi/insurable. Data portofolio di AJB Bumiputera 1912 Kantor Cabang Semarang per 31 Desember 2005 sebanyak 90.085 (7,11 %), sehingga masih banyak potensi yang belum tergarap. Kondisi tersebut merupakan peluang untuk menggarap pasar bagi Agen asuransi jiwa yang ada di AJB Bumiputera 1912 Kantor Cabang Semarang,Permasalahan dalam penelitian ini adanya kinerja penjualan Asuransi Jiwa yang fluktuatif di AJB Bumiputera 1912 Kantor Cabang Semarang dari  tahun 2001 sampai dengan tahun 2005. Terjadinya fluktuasi penjualan tersebut dapat diakibatkan karena kurangnya pengetahuan pasar, kurangnya pengetahuan pengelolaan wilayah, tiadanya jaringan pemasaran yang berkualitas, kompetensi tenaga penjualan yang rendah serta kemampuan pemantauan diri tenaga penjual yang masing rendah.Tujuan dari penelitian ini difokuskan untuk membentuk konsep-konsep tentang manajemen pemasaran khususnya penjualan Asuransi Jiwa; sebagai bahan masukan dan pertimbangan dalam menyusun kebijakan yang berkaitan dengan konsep penjualan Asuransi Jiwa dalam rangka menstabilkan serta meningkatkan kinerja penjualan Asuransi Jiwa. Penelitian ini difokuskan pada faktor-faktor yang mempengaruhi kinerja penjualan, khususnya di perusahaan asuransi jiwa dengan menganalisa pasar, wilayah, jaringan penjualan, kemampuan dan ketrampilan tenaga penjual asuransi. Responden dari penelitian ini adalah tenaga penjual asuransi di AJB Bumiputera 1912 Kantor Cabang Semarang. Jumlah kuesioner yang dibagikan 200, yang kembali 165. Dari jumlah tersebut, sebanyak 157 kuesioner layak untuk dianalisis.Kata Kunci : Pengetahuan pasar, Kualitas pengelolaan wilayah, Kualitas jaringan penjualan, kompetensi tenaga penjualan, kualitas pemantauan diri tenaga penjualan, kinerja penjualan
Legal Implications For Notary Who Does Not Attach The Fingerchop On Original Agreement Ambarawa, Edi Adi; Djauhari, Djauhari
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Master Program (S2) Notary, Faculty of Law, Sultan Agung Islamic University, Indonesia

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This study aims to find out the background of the attachment of fingerchops to the Original Agreement and legal implications for Notary who do not attach it. This study used the normative legal research method, through the approach of law to gain views and doctrine as the basis of legal argument on legal issues studied. Based on the results, it can be seen that the background attached fingerchop tap on the Original Agreement aims to anticipate when the applicant denied his signature. Thus, as additional evidence uses fingerchops. Legal implications for a Notary who does not attach a fingerchop to the Original Agreement may be subject to sanctions in accordance with Article 16 paragraph (11) of Notary Law: (a) written notice; (b) temporary dismissal; (c) dismissal with respect; (d) dismissal with disrespect. If a written warning sanction to a Notary is not complied with or violated by the Notary concerned, then the following sanctions may be imposed in stages.Keywords: Notary; Fingerchop; Original Agreement.
IMPLEMENTATION OF ACCELERATION SYSTEMATIC LAND REGISTRATION FULL IN HUMBANG HASUNDUTAN DISTRICT Ruslan, Ruslan; Djauhari, Djauhari
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Land has a very important role for the community as a place of development and also the peoples livelihood, especially in the state of Indonesia as the State Agriculture, so that the State Constitution RI Tahun1945 Article 33 paragraph (3) states that: "Earth, water, space, and wealth nature contained in it are controlled by the State and used for the greatest prosperity of the people ". As a follow up of Article 33 paragraph (3) that on September 24, 1960, enacted Law No. 5 of 1960 on Basic Regulation of Agrarian called by its official acronym BAL. Article 19 of Law No. 5 of 1960 stipulates that "to ensure legal certainty by the Government held land registration throughout the territory of the Republic of Indonesia in accordance with the provisions stipulated by Government Regulation", which was followed up with a given title deed as proof and evidence right, because it can ensure legal certainty for everyone. Then BAL is described by the issuance of PP 10 of 1961 on registration of land and replaced by Regulation No. 24 of 1997 on Land Registration Jo Minister of State for Agrarian Affairs / Head of National Land Agency No. 3 of 1997 on the Implementation of Government Regulation No. 24 of 1997 on Land Registration and based on Indonesian Presidential Regulation No. 17 of 2015 of the Ministry of Agricultural and Spatial jo Indonesian Presidential Regulation No. 20 Year 2015 concerning the National Land Agency, the Ministry of Agricultural and Spatial Planning / National Land Agency (KATR / BPN) is assigned to carry out government affairs in the area of land that is responsible to the Coordinating Ministry of Economic Affairs. Mentioned legal certainty in land registration is given a letter of proof of land rights called the title deed to the parties concerned as proof and evidentiary tool for rights to lands that held them. Implementation of registration of land in modern society is the duty of the State carried out by the government for the peoples interest in ensuring legal certainty in the field of land. Right to control the state for land, water and air space in Indonesia is the devolution of the elements of the public of the rights of the nation, while the right of the people on the earth, water and air space of Indonesia, is a right of the people of Indonesia, as Haqul of God given to Haqul Adam (Indonesianpeople). That until the moment of registration of land in Indonesia has reached ± 54 (fifty-four) million plot of ± 85 (eighty-five) million parcels of land (data from the Center for Data and Information Land November 11, 2015) because since 1981 carried out land registration the first time en masse on the issuance of certificates of land rights as a letter of proof of the rights which a proofing tool that is powerful, through the Strategic Program as Prona, Agricultural land, fisherman, Micro, Small, Low-Income Communities, redistribution of land, Consolidation Land, Transmigration and others which are land development activities for Indonesian citizens or legal entities / social and religious organizations, preferred to the economically weak to medium. 2017 has been issued Regulation of the Minister of Agriculture of Dan Spatial / Head of National Land Agency Number 1 Year 2017 on the Acceleration of the Implementation of the Land Registration Systematic Full of Changes to the Regulation of the Minister of Agriculture and Spatial Planning / Head of National Land Agency No. 35 Year 2016 on the Acceleration implementation of the land Registry Systematic Complete, which aims to provide legal certainty and legal protection of land rights of the people in a fair and equitable, and promote economic growth in general and the peoples economy in particular, as well as reduce the incidence of land disputes in the future so it needs to be accelerated registration complete a systematic land in all regions of the Republic of Indonesia, especially in Humbang Hasundutan.
CRIMES AGAINST CHILDREN AS ACTORS Chalil, Muhammad; Djauhari, Djauhari
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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The word "mandate" is quite broad sense, but depending on the logic of man who entrusted the mandate to him, Islam teaches its followers to have a conscience that is sensitive, with a view to preserving and maintaining the rights of Allah and charitable man of truthful as ever Rasulullah Saw said, which means: "Youre all a leader and you all will be held accountable for what he said about your leadership, ............., male (husband) is a leader in a family environment, and he will be asked about what he styles , women (wives) also leader in controlling her household, ........ "(HR.Bukhari) The hadith explains that the liability which carry on the shoulders of every Muslim both the husband and wife in this world, no one from any private, small or large, but it must be responsible for the mandate that has been carry and hold it well, for example to all children before growing up in essence is the right of children rests with the parents (father / mother), if the neglect of childrens rights means committing a crime at the same time ignoring the mandate and responsibilities in answer to the Lord and make mistakes against themselves with the attitude and relinquish control over their power, this has resulted in an unruly child and certainly hard to be directed to the right path. The main task as parents is to nurture a personality strong to children, introducing his Lord, and instill that success in life both materially and spiritually is in accordance with the ideals of pure wholeheartedly, then he has done something useful for him, family, and the environment; In addition, as one of the children as human resources and the future generation, it should get special attention from the government, in order to develop the child to achieve a strong human resources and quality. Associated with child development necessary legal infrastructure to anticipate all the problems that arise, relating to the interests of the child as well as concerning irregularities attitudes and behaviors that make children forced held for trial. For example, on one of the main mental children who are still in the stage of self, sometimes easily influenced by the circumstances surrounding environment. So if the environment in which the child is bad, can be affected soul on actions that may violate the law, it can be detrimental to himself and the community environment, not least the action is to drag them to deal with law enforcement officers. In the family, children are part of society, has the same rights that must be protected and respected, even every country where compulsory care as well as adequate protection of the rights of children, including civil rights, economic, social and cultural benefits, it looks like the position and rights of children when seen from a juridical perspective has not been seriously considered by the government, law enforcement and the community at large and still far from what actually should be given to them. Special on Child Rights is part of the human rights and protection guaranteed by international law and national law, which universal has protected in the Universal Declaration of Human Rights (UDHR) and the International on Civil and Political Rights (ICPR). Differences of treatment on childrens rights with adults, set in a special international conventions. As stated in the Declaration of the Rights of the Child: "... the child, by reasons of his physical and mental immaturity, needs special safeguards and care, Including Appropriate legal protection, before as well as after birth ..." The Vienna Declaration of 1993 generated by the World Conference of Human Rights Human Rights (HAM), re-emphasized the principle of "First Call for children", which emphasizes the importance of national efforts and international levels to promote the rights of the child to "survival protection, development and participation." While the concept of child protection in Indonesia has made the rules, essentially upholds and attention to the rights of children, namely after the ratification of the Convention on the Rights of the Child (CRC) include: Law No. 39 of 1999 on Human Rights; Law Number 11 Year 2012 on Child Criminal Justice System; Act No. 35 of 2014 on the Amendment of Act No. 23 of 2001 on the Protection of Children; So that the state and society have a duty to protect against the growth of the child, both physically, psychology, social, economic and political, as for any form of protection is emphasized on children in vulnerable conditions of discrimination, exploitation and violence, such as children with disabilities special, abandoned children, children who grow up in poor families and children who are in orphanages. Precisely because of the country pay attention and protect the rights of the child and must be upheld by any person; However, in practice the law enforcement issues (law enforcement) often experience obstacles and constraints caused by internal and external factors, the system crime sometimes still treat children involved as perpetrators of the crime as perpetrators of criminal acts committed by adults. The child is placed in a position as a criminal who deserves to get the same punishment as adults and apply in Indonesia, should be oriented to the individual offender or commonly called the accountability of individual / personal (Individual responsibility), the offender was seen as individuals who are able to take full responsibility for the act of doing. While the child is an individual who has not been able to fully realize the actions / deeds he does, it is because the child is an individual who is immature thinking. Without realizing it of course can lead to severe psychological impact on the child that ultimately affect the mental development and the soul of the child, it is concerned that the child quickly imitate the treatment of people who are nearby. One of the main properties of delinquency (called Juvenile Deliquency), is an act or acts of violation of norms, both legal norms and social norms committed by children younger ages. Conditions delinquency or known child delinquency is defined as a form of crime by children under title-specific title of the section of the Criminal Code and / or governance legislation. While the juvenile court was formed because the background of concern over the attitude of the actions undertaken criminalization of children and youth who number from year to year increase. But the treatment of adult criminals, requiring special protection measures for the perpetrators of the children; Juvenile court is intended to cope with unfavorable circumstances for children, and in the execution of juvenile criminal justice process should not be treated the same as adults. Indonesias judiciary really consider the interests of children need to be realized to ensure the interests of children through Law Number 11 Year 2012 on Openness Child Criminal Justice; In order to overcome the problems of criminal offense committed by children, all of them shall be tried in court for a child who is on trial in the general court; The law gives national legal basis for legal protection for children through the juvenile justice order. Additionally intended as legal devices more robust and adequate to implement guidance and providing legal protection for children in conflict with the law and the enforcement of legal rights and child to embody the principle of the best interests of the child (the best interest of the child). In the act of deprivation of liberty, for example, should be done only as a measure of last resort, where the case concerning the right of children not to be separated from their parents. Kids as immature individuals need to obtain legal protection / juridical (legal protection) in order to ensure their interests as members of the public, enforcement issues and legal rights of children, basically the same as the overall law enforcement issues. Therefore, law enforcement issues of children affected by several factors, among others: 1. For law enforcement officers or relating to the legal process in society in Indonesia, officers responsible for enforcing the law known as the chess dynasty including the police (the investigating agency), prosecutor (prosecutor), the judge (judicial), and attorney or advocate. To deal with common problems in Indonesia, namely the limited ability of the law enforcement agencies who understand the law and the rights of children, the quality of, education and expertise of each apparatus, as well as the organizations ability to enforce the law and the rights of the child. 2. The legal culture of society, the social structure and cultural outlook of ongoing and people believed in enforcing the law as a guide everyday behavior. is an important issue in enforcing the law in Indonesia because it involves public confidence in the legal and law enforcement authorities; Equally important to the legal community, which is where the movement of law in everyday life that include the extent to which compliance with the law society, caring for enforcing the law towards order and peace. While the child is only a guideline legal precedent to guide how people act when the childs problems are found. According to Law No. 11 of 2012 on the Criminal Justice System Children in Article 69 paragraph (2) Children who are no older than 14 (fourteen) years may be subject only. The offense can be imposed on offenders Kids are: (1) Capital punishment for children consists of: a. Criminal warning; b. criminal terms: 1) development outside the institution; 2) community service; or 3) supervision. c. Work training; d. Coaching in the institution; and e. Jail. (2) Criminal additional consisting of: a. appropriation of profits derived from the crime; or b. fulfillment of customary obligation. (3) If the material law punishable cumulative prison term and a fine, penalty replaced with job training (4) The penalties meted out to children not violate the dignity of the Child. Differentiation penalty of children is determined by the Code of Penal (Penal Code), in the imposition of a maximum determined punishment ½ of the maximum threat to adults, while the imposition of the death penalty and life imprisonment shall not apply to children. Sanctions imposed against children in this law is determined by age, which is for children aged 12 to 15 years only subject to the action, while children who were aged 12 to 18 years will be punished; To create a harmony and balance within the community held sanction. Sanctions are formed of a system or an institution authorized to take; The purpose of reaction to crime and delinquency is for the prevention of crime and delinquency, and criminal actor resocialization. Criminal system prevailing today in Indonesia only depends on the nature punishment without regard to how it can change the child gets better, for example just given criminal system that is instructive, that is a criminal system that not only emphasizes the terms punishment, but how a child behavior that can be changed for the better and will not repeat the action without having sanctioned entity or prison. In-Law No. 35 of 2014 on Child Protection in Article 17 paragraph (1) every child deprived of liberty shall: a. get treated humanely and placing separated from adults. b. Legal aid or other assistance effectively in every stage applicable legal remedies, such as social assistance from social work, consultations of psychologists and psychiatrists or assistance from linguists. c. Defensively and justice in front of the juvenile justice objectively and impartially in a trial closed to the public. Perpetrators of crimes committed by children would be easier to control and improvement than adults, and this is because the level of the childs development was in contrast to the properties and characteristics, in infancy, young adults and the elderly will be different psychologically and physically ; Medium criminal system by providing criminal sanctions is instructive / educational been rarely carried out by law enforcement officials in Indonesia. One example is instructive criminal sanctions are criminal sanctions are not only returned to a parent / guardian or the environment, but the nature of criminal sanctions, for example educate put religious institutions in accordance with the religious / her faith. While the criminal system of individual (individual responsibility) is used for this is the response to crime that is fragmented only see prevention in terms of individual / personal, even though in dealing with the problem of children not only seen from the response the individual child alone, but viewed from many factors , one of them how the child is no longer repeat his actions, but provides a good example and education to the child itself; It is intended that the childs mental and spiritual well-educated, so that the misbehavior of the child for the better. With the inclusion of the child as the perpetrators of crimes to the Penitentiary instead does not guarantee that the child can be changed, otherwise not be both mental and spiritual children because they were exiled together with the perpetrators of criminal acts of others this has resulted in the recovery of the childs behavior to be more good hampered due to the environment itself unfavorable. Surely it would be different if placing the child in an environment that does not feel treated as a criminal, but rather to treat the child as an immature man who still do not know anything so they need to be given guidance of education is called positive action and good. Of course, the treatment given to those involved in criminal acts, as long as the legal process and punishment put them as young criminals who have different characteristics with adult criminals. Actually the criminal system that is instructive as this is not something new, because in law juvenile justice system, the system punishment didactic had clearly expressed therein, but this is rarely done, even less children are dealt enforcement laws that have not been professionally handle cases of children, sometimes the placement of children mixed with adult convicted; There are two alternative actions that can be taken if the crime committed by children before even the age of 18 (eighteen) years and filed through reaching the age limit of 21 (twentyone) years old, the child remains a child brought to trial. Average child who has not aged twelve (12) years of committing or suspected of committing a crime, then the Investigator, Supervisor of Community and Professional Social Workers take a decision that is first hand it back to parents, guardians / foster parents, if the child can still be fostered , Second, include it in educational programs, coaching, and mentoring in government agencies in charge of social welfare, both at national and regional levels, not later than 6 (six) months; But pay attention to the childs interests, the judge may require handed over to social organizations.
PELAKSANAANuPERALIHAN HAKuATAS TANAHu BERDASARKAN HIBAHuWASIAT OLEHuPELAKSANA WASIAT BERDASARKAN PERATURANuPEMERINTAH NOMORu24 TAHUNu1997 Pamungkas, Awal Candra; Djauhari, Djauhari
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Master Program (S2) Notary, Faculty of Law, Sultan Agung Islamic University, Indonesia

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Abstract

Research on "Implementation of Land Rights Transition Based on Grants by Testament E ecuti es Based on Go ernment Regulation Number 24 Year 1997" aims to know: (1) How are the legal grounds for registration and transfer of ownership of land based on the grant of wills, (2) registration and transfer of ownership of land based on a grant of probate in Kendal District, (3) How practices, constraints and solutions in the transfer of land rights are based on a grant of probate in Kendal Regency.This research uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate as follows: (1) Fundamentally the concept of grants and testaments in the re iew of the  i il  ode defines grants and testaments solely as a ci ic relationship, while in khasanah study of Islamic Law interpreted as piety and maruf. Thus, the concept of grants and testaments is  ery applicable when applied in the community of Kendal Regency, which is predominantly Muslim, (2) Land registration process in the Land Office of Kendal Regency has been done and in accordance with the procedures and requirements mandated in Go ernment Regulation No. 24 Year 1997 on Land Registry. Therefore, the purpose of land registration as intended in Article 3 PP No.24 of 1997 can be realized, (3) The implementation of registration of land rights in the district of kendal in relation to grants and wills goes well, starting from registration in PPAT to Office Land. Factors that hamper the registration process seem to be difficult because of misinformation, objections or objections from other parties, and brokering practices in the management of land registration that is still rife.Keywords: Grants, Testament, Registration and Transfer of Rights, Land Rights
PERMOHONAN HAK MILIK YANG BERASAL DARI TANAH NEGARA DI KANTOR PERTANAHAN KOTA SEMARANG Ilham, Ilham; Djauhari, Djauhari
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Master Program (S2) Notary, Faculty of Law, Sultan Agung Islamic University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (820.328 KB)

Abstract

The basic foundation for the government and the people of Indonesia to formulate the politics of law and the policy of land affairs has been contained in the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (3) which "earth, water and natural resources contained therein are controlled by the state and Used for the greatest prosperity of the people ". The problems in this research are: 1) Why is the request of Hak Milik coming from state land need a very long time? 2) What is the procedure or procedure of certifying Land Ownership from the State in Land Office of Semarang City? 3) What are the obstacles that arise in the process of granting Land title certificate that has been given by the state in the Land Office of Semarang City and how is the solution of the barriers?The approach method used in this research is sosiologis juridical approach method using qualitative descriptive data analysis method.The results of the research show as follows: 1) The application of the right to property derived from state land takes a very long time, In the petition contains information about the applicant, the description of his land which includes juridical data and physical data and other information in the form of information about the number of fields, And the status of the land owned by the applicant including the requested plot of land and any other information deemed necessary. 2) Procedures or procedures for granting land title certificate originating from the state in the Land Office of Semarang City, Rights Application, Applicant of land title certificate shall be divided into 4 categories: Right Receiver, Heirs, Land Owners, Owner of Land Rights Certificate Lost or damaged, Measurement and Registration of Rights, After the completion of the application file is filed and submitted to the Land Office, the subsequent process in the land office shall be the measurement, mapping and registration of its right, issuance of the Certificate, that the Land Rights Application is a process, The entry of the petition to the competent authority until the birth of the requested land. Before the land rights application enters the authorized institution, there is a process of preparation.Keywords: Right of Ownership, State Land, Land Office of Semarang City