YURISDIKSI : Jurnal Wacana Hukum dan Sains 2022-06-30T07:06:13+07:00 Mahrus Open Journal Systems <p><span style="font-family: helvetica; font-size: small;"><span style="font-family: helvetica; font-size: medium;"><strong>YURISDIKSI :</strong> Jurnal Wacana Hukum dan Sains publishes research on various topics, national laws and international law, including analysis of laws and judges' decisions. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and also interested in current analysis of current legal issues. With number ISSN print <a href="">2086-6852</a> and ISSN Online <a href="">2598-5892 ,</a> with DOI Prefix number: <strong>10.55173.</strong> The journal is published by Law Faculty Merdeka University Surabaya.</span></span></p> Legal Study on Withdrawal of Fiduciary Guarantee Based on the Decision of the Constitutional Court Number 2/PUU-XIX/2021 2022-03-31T18:15:37+07:00 Rizal Nugra Wijaya Rusdianto Sesung <p>The practice of withdrawing fiduciary guarantees by financing institutions has often caused controversy because each party has a legal basis that can be used to maintain the goods resulting in the use of physical force to be able to withdraw fiduciary guarantee goods. These ways of withdrawal eventually became a problem in society so that it extended into problems related to human rights violations. That resulted in the emergence of a request for a material test of Law No. 42 of 1999 on Fiduciary, especially in Article 15 paragraphs (2) and (3) and then the Constitutional Court issued Decree No. 18 / PUU-XVII / 2019 about Fiduciary especially in Article 15 paragraphs (2) and (3) and then the Constitutional Court issued Decree No. 18 / PUU-XVII / 2019 which contains that there must be an agreement between the debtor and creditors about the state of default and for that then the debtor is authorized to withdraw the fiduciary guarantee or willingly release the fiduciary guarantee item, if there is no agreement and willingness then the withdrawal order must be through a court ruling. Because it is considered that the verdict provides injustice on the creditor's side, it is further submitted a material test of the court's decision, and through The Court's Decision No. 2/PUU-XIX/2021, the Court stated that it rejected the request for a material test and upheld the previous verdict. Based on this, this study will legally review how the withdrawal of fiduciary guarantee goods based on the ruling and as a conclusion is the withdrawal that can be made by creditors against fiduciary guarantee goods are: (a) Make an agreement with the debtor where the debtor voluntarily submits the fiduciary guarantee to the creditor, for sale through auction. The terms of the sale are prohibited to harm the debtor, i.e. if the selling price is below the value of debit debt; (b) Request a verdict to the judge to be able to execute the item based on the registered fiduciary certificate, and for the next sale of the fiduciary guarantee at auction. If it is not done as such then the creditor is at risk of being reported as a criminal delik with Article 362 of KUHP for attempted theft (if the taking of the goods is unknown to the owner of the goods) and/or Article 368 of the Criminal Code on attempts to confiscate the property of others.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Rizal Nugra Wijaya, Rusdianto Sesung Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018 2022-06-02T13:44:11+07:00 Mohammad Saleh Susakti Wibowo Reinhard Yeremia <p>Research with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on PP. 24 of 1997 according to Article 26 paragraph (1) PP No. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity Article 11 paragraph (1) Permen ATR No. 6 of 2018 for 14 (fourteen) working days. The matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. Research using the approach to legislation and a concept approach obtained a conclusion, that: The principle of publicity in PP no. 24 of 1997 for a period of 60 working days and Permen ATR No. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Mohammad Saleh, Susakti Wibowo , Reinhard Yeremia Law Enforcement Against Criminal Acts of Online Gaming In The City of Surabaya 2022-06-02T13:46:19+07:00 Flavia Irene Iswahyudi <p>purpose of doing research on law enforcement against online gambling crime is to find out the form of law enforcement, especially in the city of Surabaya. The research method used by the author is a normative research method, the author collects some data to be used to answer the problem formulation, which comes from from laws and regulations, books or literature, journals, and official documents. The results of the study can be concluded that in the enforcement of criminal law, there are two ways in carrying out countermeasures<strong>. </strong>In carrying out the first countermeasures, using penal law enforcement, and the second countermeasures using non-penal law enforcement. Law enforcement against online gambling uses penal countermeasures, where the process is the same as other criminal acts, starting from the investigation, investigation, to the trial process. In the forms of criminal acts of conventional gambling and online gambling, the contents of the article are not much different. In conventional gambling still uses the traditional way. However, online gambling is much more modern because it uses the internet network and information technology media such as cellphones or laptops. Regulations regarding conventional gambling can be seen in Article 303 or 303 bis of the Criminal Code, while regulations regarding online gambling are regulated in Article 45 paragraph (2) of Law Number 19 of 2016 concerning Electronic Information and Transactions.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Flavia Irene Iswahyudi Principles of Justice for Compensation for Land Procurement in Tamansari 11 Bandung City 2022-03-22T10:52:24+07:00 Ali Said Hilabi Mutiara Azura Mulyawan Yuli Indrawati <p>Land acquisition is an activity carried out by the government in providing land by providing appropriate and fair compensation to parties who Affected In land acquisition for development in the public interest, there are principles that must be met, one of which is the Principle of Justice, which is based on the explanation of Article 2 letter b of Law No. 2/2012 that the "principle of justice" is to provide a guarantee of proper compensation to the Entitled Party. in the Land Acquisition process so that they get the opportunity to be able to carry out a better life. The government needs to apply the principle of the principle of justice in the context of compensation to the community whose land is needed for the public interest. However, unfortunately it turns out that the compensation provided by the Government to the residents of Tamansari 11 is deemed unfair, which means the Government should be able to provide compensation that is much more appropriate, taking into account that they have lived in the area for more than 20 years and that is where they can also get compensation. income from the livelihood they have, for example trading, then making the house as a boarding house and so on. The problems that occur in compensation for land procurement in Tamansari 11, Bandung City are based on DPKP3 Decree Number 538.2/1325a/DPKP3/2017 and the principle of justice for compensation for land acquisition in Tamansari 11, Bandung City. To answer this research, the analytical methods used are normative and qualitative. The results of this study that the principle of justice against compensation for land acquisition in Tamansari 11 Bandung City has not been achieved where this occurs because the Bandung city government does not carry out land acquisition procedures, namely deliberation to determine compensation as based on Law Number 2 of 2012.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Ali Said Hilabi, Mutiara Azura Mulyawan, Yuli Indrawati Application of Presidential Threshold In Indonesia And Comparison With Several Countries 2022-02-11T14:36:17+07:00 Muhammad Ali Farhan <p>A country is said to be a modern country is the large number of people's participation in regulating and running their country, as well as the existence of general elections in selecting candidates for people's representatives to occupy positions from state positions, therefore each country must have its own arrangements regarding how to obtain a position and the duration of a person or more. in occupying these positions, one of which is the position of president and vice president whose terms of office and the pattern of carrying them often differ between countries, in Indonesia, President Have a Power More than Parliament, Therefore someone or more who wants to hold the office of president and vice president needs to get more than twenty percent of the votes in the seats The House of Representatives, However Not All Countries implement the presidential threshold with a vote of twenty percent the parliament. But it could be more and there are even some countries don’t use this system? And the method I used in this research is Normative Type with conceptual approach and case analysis, because as we known in this world theres a much country who Not applied presidential Threshold system, so in this research I found the country who applying presidential threshold and the reason that county not use that system.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Muhammad Ali Farhan On Insurance Claims Liability PT Jamkrindo 2022-06-02T13:51:18+07:00 Junnytte Juliana Pinca Tutiek Retnowati <p>The purpose of this research is to find out and analyze whether a fictitious credit agreement that has been Guarantee d by insurance can make a payment claim and to find out and analyze what is the responsibility of PT Jamkrindo for the credit insurance Guarantee &nbsp;of PT Bank Jateng Blora Branch against the fictitious credit of PT Lentera Emas Raya. The research method used is a normative method based on a case study and literature by collecting legal materials, both primary legal materials and secondary legal materials. The legal materials include books, laws and regulations such as the statute approach and conceptual approach. Research results In a fictitious credit agreement that has been Guarantee d by insurance to be able to make a payment claim, it does not have to be a payment claim, against the insurance claim submitted by the policy holder of PT Bank Jateng Blora branch as a creditor to PT. Lentera Emas Raya to PT Jamkrindo as the guarantor cannot be held responsible due to an unlawful act and has violated the terms of the insurance agreement.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Junnytte Juliana Pinca, Tutiek Retnowati Default Settlement on Unsecured Loans 2022-06-02T14:10:23+07:00 Kuntri Selvilia Lidya Sari Tutiek Retnowati <p>Economic development is the most important part of national development goals, such as the 1945 Constitution (after amendments) in the fourth paragraph, namely: Protecting the entire nation to promote general welfare, educating the nation's life and participating in carrying out world order. The aim is to find out and analyze the legal consequences arising from Default from a credit agreement without collateral and to know and analyze so that the settlement of default from an unsecured credit agreement is carried out by the debtor. The research method used is normative law (normative juridical) and analysis of laws and regulations, jurisprudence, contracts and legal literature. The result of the research is the position of guarantee in providing credit by the Bank as the creditor to the debtor, which is an absolute requirement with the aim of having legal certainty which has been expressly regulated in the credit agreement. Legal remedies that arise if credit is given without any guarantee from the customer (debtor) is that the bank is in its position as a concurrent creditor on a par with other creditors in terms of paying off credit debts, so that they have to compete with other creditors in paying off credit debts. Because it does not</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Kuntri Selvilia Lidya Sari, Tutiek Retnowati Legal Protection for Victims of Traffic Accidents Due to Against The Law 2022-06-02T13:53:29+07:00 Rafi Hidayahtullah Pakaya Tutiek Retnowati <p>The occurrence of a traffic accident is an act against the law that can result in harm to other people, violators can be sentenced in the form of payment of compensation either materially or immaterially to the victim and their heirs. According to Article 1365 of the Civil Code states "every act that violates the law, which results in harm to others. It is obligatory for people who because of their actions to publish losses, are obliged to compensate for these losses", further article 1366 of the Civil Code states that "everyone is required to be responsible not only for losses caused by his actions, but for losses caused by negligence or lack of caution.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Rafi Hidayahtullah Pakaya, Tutiek Retnowati Application of The Principle of Good Faith In Land Buying 2022-06-02T13:57:37+07:00 Nuli Bagyo Indatirini <p><em>Selling and buying land is a legal act that gives birth to rights and obligations for sellers and buyers. In carrying out the sale and purchase of land, it is mandatory to be guided by the legal provisions regarding the legal procedure to be followed, and must prioritize the principle of good faith in the bargaining stage up to the payment and sale and purchase agreement. In practice, it is often found that lawsuits are related to the attitude of one party that does not reflect the principle of good faith in buying and selling, of course this is against the rule of law and can be detrimental to other parties. This research is expected to be a means for legal scholars to understand the context of a land sale and purchase agreement. This research method used a normative juridical method with a conceptual approach, legislation and a case approach. The conclusion of this study is that in making an agreement, it is necessary to pay attention to complying with the elements of Article 1230 BW in the form of a valid condition of an agreement, as well as prioritizing the principle of good faith as the basis for making a</em> <em>land sale and purchase. The process of buying and selling land according to procedures and without any elements of forgery will reduce the level of legal risk in the future, besides the benefits of using the principle of good faith for the buyer, namely the rights of the buyer which are protected by law.</em></p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Nuli Bagyo, Indatirini The Imposition of Sanctions For Delay Reporting of A Will Deed To The Center For The Will List 2022-06-02T14:00:12+07:00 Alex Siswanto <p>Humans from birth are destined to have property attached to themselves to be used as a means of carrying out life. These assets can be traded, donated, pledged, or even given to the heirs when he dies. A person may make a will before a notary as a general official who can record the final will of the testator and keep the will and report it to the register of the will center. The main purpose of making a will is related to the distribution of the property of the testator to the beneficiary so that there will be no disputes regarding inheritance in the future. In making a will, the notary plays a very important role from pre-making to the opening of the will before the heirs or testament. However, sometimes a notary can be negligent of the provisions of reporting each month to the list of will centers. This study examines the concept of a will more deeply, and how the notary's responsibility for negligence in registering a will with a will center register. The formulation of the problem in this legal research is the concept of a will and the role of a notary in storing and reporting to the center of the will list, the second problem formulation is the provision of sanctions against a notary who is negligent in reporting a will to the center of the will register. The conclusion in this study is that a will is a form of legal action carried out by the heir regarding the final will which in this case is assisted by a notary as a public official who is authorized to assist the process of issuing a will and keeping a will, as well as other obligations attached to reporting to list of will centers regarding the presence or absence of a will. The legal consequences for a notary who are negligent in reporting the presence or absence of a will in the central will list system, the notary must be responsible and accountable for his actions. With regard to the type of sanctions, that in PERMENKUMHAM No. 60 of 2016 does not clearly regulate what sanctions are given to a notary if he is negligent in carrying out his duties, therefore the inherent sanctions refer to the provisions of the Notary Position Act and may be subject to civil sanctions</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Alex Siswanto Legal Aspects In The Making of The Buying Boarding Deed And The Power of Sale 2022-06-02T14:03:13+07:00 Eric Reinaldo Rusdianto Sesung <p>The process of buying and selling land has a procedure that has been regulated in the legislation. In the process of buying and selling land, problems are often found, such as the inability to sign the deed of sale because it has not been paid off. One way to keep the binding on the object of sale and purchase is through the making of a PPJB deed and the power to sell. The function of PPJB and the power of attorney is to prevent the seller from committing fraudulent acts to the buyer by reselling the object's land to other prospective buyers. There have been criminal law cases in connection with the making of the PPJB deed and the power to sell which will be analyzed in this legal research. The formulation of the problem in this legal research is the procedure for making a sale and purchase binding deed and the power to sell, a juridical review of a criminal decision against a notary in making a sale and purchase deed and PPJB. That this legal research uses normative legal research and uses a conceptual approach, and a case approach as a means of supporting legal research. The benefits of this legal research are as a guide so that law enforcers have a better understanding of how notaries work and as a means of increasing knowledge.</p> 2022-06-30T00:00:00+07:00 Copyright (c) 2022 Eric Reinaldo