Jurnal Magister Hukum Perspektif

KEWENANGAN PENGELOLAAN HARTA KEKAYAAN ORANG DIBAWAH PENGAMPUAN OLEH BALAI HARTA PENINGGALAN SURABAYA

Selvia Wisuda — Sun, 31 Dec 2023 00:00:00 +0700

Balai Harta Warisan existed since the Dutch era to Indonesia around 1596. In order to find out the position of Balai Harta Warisan which has the task of managing the assets of people under supervision when it is related to positive law in Indonesia. With empirical juridical research, there will be primary and secondary data that will be processed. The results showed that the position of Balai Harta Peningalan is still recognized as a state institution and is still valid. The function of Balai Harta Pengrelican is to resolve issues of guardianship, custody, absence and inheritance that have no authority, etc. in accordance with article 3 of the Decree of the Minister of Justice and has the task of representing and taking care of the interests of people who cannot carry out their own interests. As a supervisor to protect the interests of Curandus and protect him from the actions of the custodians who may cause losses to his property while still within the time of custody. Carry out bookkeeping and registration of wills in accordance with the law and carry out the settlement of bankruptcy problems in accordance with the law. At present Balai Harta Warisan in Indonesia has a working area covering Balai Harta Warisan Jakarta, Surabaya, Semarang, Medan and Makassar

Keywords: Relic Hall, Forgiveness, Wealth Property

PENERAPAN PEMBELIAN TANAH DALAM RANGKA PENGADAAN TANAH UNTUK BANDARA

Taqiy Nurdaiman, Huzaimah Al-Ansori, Moch Wachid Hasyim — Mon, 01 Jan 2024 00:00:00 +0700

The application of land purchase/procurement in the context of land acquisition for the public interest of the airport whose land object is still in the effort to transfer rights to the PPJB stage needs to be studied. The formulation of the problem in this study, how is the process of purchasing land in the context of land acquisition for the public interest of the airport based on PP No. 19 of 2021, and what is the ownership status and legal protection for landowners who have been purchased by speculators up to the PPJB stage before the letter of determination of the location of land acquisition is issued by the government. The purpose of this study is to further examine the application of PP No. 19 of 2021 as a legal basis in land acquisition for development for the public interest of airports, and the suitability of its application with existing norms and positive laws in guaranteeing the rights of entitled landowners. The method used in this research is normative juridical with a statutory approach. The result of this research is that PP No.19 of 2021 has improved the previous law, it's just that there is no limit to the rules regarding eligibility standards regarding agencies to be able to apply for land acquisition, and the laying of location determinations which results in restrictions on the transfer of rights that are less effective, as well as the unclear application of article 139 so that the author concludes that this PP is still immature. Meanwhile, regarding the protection and ownership status of HAT on the right owner, adhering to the legal force of the PPJB which has the status of an underhand deed, the land rights remain with the seller, while the legal protection of the legal actions carried out, namely by making a new agreement as mandated in article 1233 of the Civil Code.

Keywords: Land Procurement, Land Purchase, Speculators.

KAJIAN HUKUM TERHADAP PENYELESAIAN SENGKETA MEREK PADA POLO BY RALP LAUREN (Studi putusan No 83/Pdt.Sus-HKI/Merek2022/PN Niaga Jkt.Pst)

Risqi Aula Rifaldi, Trinah Asi Islami, Wedi Pratanto Rahayu — Sun, 31 Dec 2023 00:00:00 +0700

Settlement of disputes over the Polo by Ralph Laurem brand according to the commercial court decision no 83/pdt.sus- HKI/Merek2022//PN NiagaJkt.Pst. In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren brand under list number 173934. Based on the decision it was proven that the defendant knew that the plaintiff was the owner of the trademark rights but the defendant ignored this fact and filed an application for brands in bad faith, namely by imitating the Plaintiff's Polo by Ralph Lauren brand. That based on the facts in the decision the defendant did not know. This type of research is normative juridical using secondary data as the main research data. The data were obtained from the Law on Trademarks and the decision of the Central Jakarta Commercial Court regarding the brand restriction and supplemented with secondary data in the form of books and articles with similar discussions. The data were collected using library techniques by reviewing the findings, analyzing and interpreting them based on the prepared theory. Data processing is done in a deductive way through propositions and theories that are general in nature led to specific facts so that they become a description that can be more easily understood. Court decision No 83/pdt.sus-HKI/Merek2022//PN NiagaJkt.Pst.. Established that the Central Jakarta Commercial Court In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren trademark under register number 173934.

Keywords : tradermark, Court decision, Polo by Ralp Lauren

TRADISI “MEDHOT BENANG LAWE” DALAM UPACARA PERKAWINAN NGLANGKAHI DI DESA PATIHAN KECAMATAN WIDANG KABUPATEN

Siti Mahluk Attus Sholihak, I Wayan Arsana — Tue, 02 Jan 2024 00:00:00 +0700

This study examines the tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony in Patihan Village, Widang District, Tuban Regency. The purpose of this research is to: 1) Knowing the meaning contained in the tradition of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang District, Tuban Regency. 2) Understand the meaning contained in the means of Medhot Benang Lawe tradition in Nglangkahi marriage ceremony in Patihan village, Widang sub-district, Tuban regency. 3) Provide information about the values contained in the implementation of Medhot Benang Lawe in the Nglangkahi marriage ceremony in Patihan Village, Widang Subdistrict, Tuban Regency. This research uses juridical-empirical method by using sociological approach. The results of this study found that the Patihan Village Community still holds the Tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony when going ahead of an older sibling in a marriage. This tradition goes through a series of important processions. The tradition of "Medhot Benang Lawe" in the Nglangkahi Marriage Ceremony contains religious values, education and other important values in the lives of the people of Patihan Village, Widang District, Tuban Regency.

Keywords: Tradition of "Medhot Benang Lawe", Nglangkahi Marriage.

KETERLIBATAN ANAK DALAM TINDAK PIDANA DITINJAU DARI PERSPEKTIF HUKUM PIDANA ANAK DI INDONESIA

Diah Wahyulina, Febry Chrisdanty — Fri, 26 Jan 2024 00:00:00 +0700

Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal Children are the next generation of the nation so they need maximum coaching, guidance and protection so that the child will not commit an act that violates the law. The involvement of children, who in this case are perpetrators of a criminal act, must be given the rights and protection of children as vulnerable legal subjects as regulated in the applicable laws and regulations. Through a normative legal approach, this research analyzes legal regulations that regulate the rights and protection of children involved in criminal contexts. The aims of this research are firstly to find out the meaning of children in Indonesian laws and regulations, secondly to find the concept of children's criminal law legislation in Indonesia which regulates children's involvement in criminal acts according to a normative approach, and thirdly to find out the procedures for handling cases of involvement. children in juvenile crimes from the perspective of juvenile criminal law in Indonesia through the principles of child human rights and the principles of the best interests of the child. The results of this research are that the handling of cases of child involvement in juvenile crimes from the perspective of juvenile criminal law in Indonesia is by placing more emphasis on the principles of children's human rights and the best principles for the interests of children because although there has been progress, challenges remain, and improvements Continuous harmonization of policies, consistent implementation, and strengthening the rehabilitation system can optimize the protection and development of children involved in the context of juvenile criminal justice.

Keywords: Child Involvement, Child Crime, Child Criminal Law