Suchergebnisse

This legal research is a study of normative law with the approach of legislation, conceptual and case. The purpose of this research is to know and analyze the existence of legal vacuum because not yet the regulation of notary protocol holder authority related to minuta deed which not yet complete its signature and responsibility of protocol holder if still issuing copy of related deed. The provisions of Article 62 of the UUJNP concerning the reasons for the handover of a notary protocol are attributed to one of the process of making notarial deeds as stipulated in Article 16 paragraph (1) subparagraph m UUJNP and having the authority to grant grosse, copy and quotation of deed Article 64 UUJN as well as holders of notary protocol also has the authority as the notary itself. Based on the description, it is possible that the notary who passed away has not completed the signature that must be in the minuta so that the authority of the protocol holders related to the deed becomes a separate issue. The responsibility of the protocol holders against the notarized deed minas is to make copies of the original letters under the hand in the form of copies containing the description as written and described in the corresponding letter (Article 15 paragraph (2) letter c UUJNP) and not authorized issuing a copy of the deed because the minus deed is not an authentic deed but a deed under the hand. Judicial implication for the notary protocol holder issuing a copy of the deed minus not noted by a notary public is the holder of notary protocol may be subject to criminal sanction namely Article 55 juncto Article 264 of the criminal code is making a fake authentic act deliberately.Keywords:Notaries; Notary Protocols; Notary Protocol Holders.

This article aims to examine the issuance marriage agreement based on the Decision of Constitutional Court Number 69 / PUU-XІІІ / 2015. This study is a normative research with statute and cases approach. The Decision of Constitutional Court Number 69 / PUU-XІІІ / 2015 provides that the marriage agreement which has been made either through a court or notary request must still be recorded and passed to the Population and Civil Registry Office. It aims to provide legal certainty and legal protection for every side.

Regulations for the minimum age for marriage and dispensation in the national marriage law have changes because they are not in accordance with the development of society. This study proposes to analyze and find criteria for limiting dispensation to marriage that contains vagueness that can lead to legal uncertainty and juridical implications of norm blur related to marriage dispensation regulation. The research method used in this study is normative juridical legal research, the approach method used is prescription legislation and conceptual and case approaches. From the results of the research and discussion it can be concluded first: Criteria for limiting dispensation to marriage with very urgent reasons accompanied by supporting evidence according to Article 7 paragraph (2) of the Marriage Law is a vague legal norm, even though the intention of the legislators is reflected in the Academic Paper, the very urgent reason is a condition that the prospective bride is pregnant and has been proven by a certificate from a health worker. Meanwhile, the formulation of the norm of Article 7 paragraph (2) does not mention pregnancy as a requirement. Second: The juridical implication of the vagueness of norms regarding dispensation of marriages results in the dispensation of court rulings.

Regulations for the minimum age for marriage and dispensation in the national marriage law have changes because they are not in accordance with the development of society. This study proposes to analyze and find criteria for limiting dispensation to marriage that contains vagueness that can lead to legal uncertainty and juridical implications of norm blur related to marriage dispensation regulation. The research method used in this study is normative juridical legal research, the approach method used is prescription legislation and conceptual and case approaches. From the results of the research and discussion it can be concluded first: Criteria for limiting dispensation to marriage with very urgent reasons accompanied by supporting evidence according to Article 7 paragraph (2) of the Marriage Law is a vague legal norm, even though the intention of the legislators is reflected in the Academic Paper, the very urgent reason is a condition that the prospective bride is pregnant and has been proven by a certificate from a health worker. Meanwhile, the formulation of the norm of Article 7 paragraph (2) does not mention pregnancy as a requirement. Second: The juridical implication of the vagueness of norms regarding dispensation of marriages results in the dispensation of court rulings.

The establishment of the Bankruptcy Law aims to overcome the difficulties of the business world in terms of debt and receivables in continuing their activities. However, in practice the PKPU and Bankruptcy institutions are used as a means of resolving ordinary civil disputes, this is due to Article 225 paragraph (3) and (5) in conjunction with Article 222 paragraph (1) and (2). The purpose of this study is to analyze the ratio legis for debtors in relation to the ratio legis Article 225 paragraph (3) and paragraph (5) associated with the purpose of establishing Bankruptcy and Suspension Of Debt Payment Obligations (UUK-PKPU). This research is normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conceptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that the ratio legis regarding PKPU as regulated in Article 225 paragraph (3) and paragraph (5) has a vague norm when it comes to the purpose of establishing UUK-PKPU, that PKPU is a means for debtors so that debtors can restructure their debts. So that no rights are given to debtors who are not present at the PKPU session resulting in no legal protection for the debtor to defend himself by conveying the reasons for the debtor's absence.

The purpose of this study is to explain the legal protection for debitors through bankruptcy concept based on Law no. 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU). This research is a normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conseptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that in UUK-PKPU only debtors who are insolvent can be declared bankrupt or apply for a PKPU. Bankruptcy applications can be submitted by the debtor himself or by the creditor. According to the legal principle, the applicant who submits the argument must prove the argument, then the applicant who proves the insolvency is the applicant. Essentially, bankruptcy in its application must be carried out fairly in the sense of paying attention to the interests of debtors and creditors in a balanced way. The idea of balance encourages an acknowledgment of the equality of the position of the individual with the community in common life.

The dissolution of a Limited Liability Company is basically something that isn't desired by the shareholders, therefore the implementation of the dissolution of a Limited Liability Company should be avoided as much as possible, because the dissolution of a Limited Liability Company will provide great losses for the shareholders of the company and the parties directly related to the Company Limited. Pursuant to Article 142 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, the dissolution of a Company may occur due to: First, based on the resolution of the General Meeting of Shareholders; Second, because the period stipulated in the articles of association has ended; Third, based on a court order; Fourth, with the revocation of bankruptcy based on the decision of the commercial court which has permanent legal force, the Company's bankruptcy assets are not sufficient to pay bankruptcy costs; Fifth, because the Company's bankrupt assets that have been declared bankrupt are in a state of insolvency as regulated in the Law on Bankruptcy and Postponement of Debt Payment Obligations; Sixth, due to the revocation of the Company's business license, which requires the Company to conduct liquidation in accordance with the provisions of laws and regulations. Based on the research results, the liquidator must make and submit a report on the liquidation implementation process, the report contains the responsibility for the liquidation he did. Furthermore, the accountability report is given and submitted by the liquidator to the General Meeting of Shareholders, the District Court, the liquidator is obliged to notify the final result of the liquidation to the Minister, the liquidator is also required to announce the final result of the liquidation process in a newspaper, the liquidator is responsible to the General Meeting of Shareholders or the court that appointed it for the liquidation of the Limited Liability Company. There is a criminal sanction, and if it can be proven that the liquidator acted the opposite / cheated arbitrarily in the sense of not clearing all company affairs in the context of liquidation, then the liquidator can be prosecuted by reporting violations of the code of ethics, and the Liquidator has the right to attend a lawsuit in court , Liquidators have the power to maintain and dispose of assets, Liquidators have general administrative power, Liquidators have continuous control rights over the Company's liquidation assets, Liquidators have the right to sell the liquidated assets.

Provisions of Article 32 Paragraph (2) of Law 31/1999 jo. Law 20/2001 provides an alternative to the filing of a civil suit to recover state financial losses for corruptors even though they have been terminated criminally free. The problem is how to implement the civil lawsuits in returning state finances in law practice. Because legal practice shows that there are legal problems in Article 32 paragraph (2) of Law 31/1999 jo. Law 20/2001 which implies the lack of use of civil litigation instruments in corruption cases.

Is giving the subsidy in the implementation of national health care security in line with the purpose of arrangement of Law of Republic of Indonesia Number 40 of 2004 on System of National Social Security? Health care security is a basic right of all citizens of Indonesia as regulated in Article 28 H paragraph (3) and Article 34 Article (3) of the Constitution of the Republic of Indonesia. This writing makes an analysis of the arrangement of subsidy of implementation of national health care security. Argumentation in this writing gives an analysis in doing reformulation of an arrangement of giving subsidy in implementation of national health care security as regulated in Article 14 paragraph (2) of Law of Republic of Indonesia Number 40 of 2004 on System of National social security, the program of national health care security is a program in the form of security done by the government, but in the implementation, it is done by using social insurance method. Premiums of poor people and deprived citizens are guaranteed by the state, formal premium is paid by the worker and employer while the informal worker pays the premium independently, by this system it makes injustice in the society. All costs of National health care security should be covered by the state as the aim of implementation of the Law of System of National Health Care Security and the government should use the method of system of security and not social insurance system.

Is giving the subsidy in the implementation of national health care security in line with the purpose of arrangement of Law of Republic of Indonesia Number 40 of 2004 on System of National Social Security? Health care security is a basic right of all citizens of Indonesia as regulated in Article 28 H paragraph (3) and Article 34 Article (3) of the Constitution of the Republic of Indonesia. This writing makes an analysis of the arrangement of subsidy of implementation of national health care security. Argumentation in this writing gives an analysis in doing reformulation of an arrangement of giving subsidy in implementation of national health care security as regulated in Article 14 paragraph (2) of Law of Republic of Indonesia Number 40 of 2004 on System of National social security, the program of national health care security is a program in the form of security done by the government, but in the implementation, it is done by using social insurance method. Premiums of poor people and deprived citizens are guaranteed by the state, formal premium is paid by the worker and employer while the informal worker pays the premium independently, by this system it makes injustice in the society. All costs of National health care security should be covered by the state as the aim of implementation of the Law of System of National Health Care Security and the government should use the method of system of security and not social insurance system.