Normative Jurnal Ilmiah Hukum

PENANGGUHAN EKSEKUSI TERHADAP PERKARA KASASI NOMOR 517 K/PDT/2022 KARENA ADANYA UPAYA PENINJAUAN KEMBALI PADA MAHKAMAH AGUNG REPUBLIK INDONESIA

YUNIMAR dan Mesi Arianti — Tue, 20 May 2025 00:00:00 +0000

Legal remedies for a request for judicial review in principle do not suspend the implementation of the decision. Article 66 paragraph (2) of Law Number 14 of 1985 concerning the Supreme Court states "A request for review does not suspend or stop the implementation of a court decision", the principle regulated in this article is that the implementation of a court decision does not allow exceptions (uitzondering) to a decision or particular case. In the case that the author researched, namely cassation case number 517/K/Pdt/2020, the Chairman of the Padang Panjang Class II District Court postponed the execution on the grounds that there was a Request for Judicial Review submitted by the respondent to the execution. The problem formulation in this journal is: 1. What are the considerations of the Chairman of the Padang Panjang Class II District Court in determining the suspension of execution in cassation case No. 517/K/Pdt/2020 due to the Judicial Review efforts at the Class II District Court of Padang Panjang, 2. What is the legal analysis of the considerations of the Chairman of the Class II District Court of Padang Panjang in determining the suspension of execution for cassation case No. 517 K/Pdt/2022 due to a review effort at the Padang Panjang Class II District Court. The author conducted research using a normative juridical approach, the nature of the research is descriptive. Data collection techniques through literature study are then processed through editing and coding processes and analyzed qualitatively.

PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PERKARA PERJANJIAN PINJAM PAKAI TANAH PUSAKO TINGGI YANG BELUM BERSERTIFIKAT (Studi Putusan Perkara Nomor 34/Pdt.G/2021/PN.Pdg)

MARDIUS dan Messi Veryani Suci — Tue, 20 May 2025 00:00:00 +0000

Article 1754 of the Civil Code loan agreement is an agreement by which one party gives to another party, The purpose of the study is 1) To determine the Judge's Consideration in making a decision on a loan agreement for high-ranking land that has not been certified in Case Decision Number 34.Pdt.G/2021/PN.Pdg. 2) To determine the Analysis of Case Decision Number 34/Pdt.G/2021/PN.Pdg in making a decision on a loan agreement for high-ranking land that has not been certified. The benefits of the study are theoretical and practical benefits. The research method is normative law and the data source is secondary data. Data collection techniques are document studies and literature studies. Data processing is editing and coding. The analysis technique is qualitative. The results of the study, first: The Judge's consideration in resolving land disputes in the decision of case Number 34/Pdt.G/2021/PN.Pdg can be concluded that because it has been legally and proven that Defendants A and B without permission from the Plaintiff built a house with a total of 23 units and 4 graves on the Defendant's Pusako Land and Defendants A and B could not prove their answers, then in the opinion of the Panel of Judges, Defendants A and B's exceptions were rejected in their entirety. Analysis of the Decision of Case Number 34/Pdt.G/2021/PN. Pdg in passing a decision on the case of a loan agreement for high pusako land that has not been certified, namely that the decision has legal force and is binding on both parties.

PERTIMBANGAN HAKIM MENJATUHKAN PUTUSAN TIDAK DAPAT DITERIMA (NIET ONTVANKELIJKE VERKLAARD) DALAM PERKARA WANPRESTASI DI PENGADILAN NEGERI PADANG KELAS 1A (Studi Putusan Perkara No. 92/Pdt.G/2023/PN PDG)

Abd. Rahmad dan Bambang Hermanto — Tue, 20 May 2025 00:00:00 +0000

In the civil law system, a civil lawsuit can be filed by a party who feels aggrieved by an act committed by another party. The lawsuit filed by the plaintiff named Nova Sikma Yenti to the Padang District Court alleges an unlawful act for the defendant's installation of a banner that reads "for sale" on the object of the case, but the Defendant in his exception explained that the legal relationship between the plaintiff and the defendant is a credit legal relationship with the number PK.011/NG//KPR-MG/07-2018 dated July 30, 2018. With a bad credit status, the defendant auctioned the object of the a quo case to return the plaintiff's remaining debt. The research method used in this study is normative juridical, namely an approach carried out by studying laws and regulations. The results of this study indicate that, the Padang District Court Decision in its decision stated that the plaintiff's lawsuit was unacceptable (niet ontvankelijke verklaard) because when the panel of judges conducted a local inspection, a banner was found which was actually admitted to being installed by the plaintiff even though they still argued that the defendant had previously installed the banner. because there is a discrepancy between the plaintiff's argument and what was found by the panel of judges. As emphasized in the Supreme Court Jurisprudence Number: 1112.K/Sip/1967 stating that a claim that is not in accordance with the legal event (rechtfeiten) which should be the basis for the lawsuit, then such a claim must be declared unacceptable"

PENYIDIKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN I JENIS SABU DIWILAYAH HUKUM POLRES SOLOK SELATAN (Studi No Lp/172/A/XII/2022/SPKT)

Nurlinda yenti dan Lili Sundari — Tue, 20 May 2025 00:00:00 +0000

Narcotics are a type of drug/substance used in the world of medicine, but if used without restrictions and careful supervision, it can cause dependence and endanger health to the point of destroying the user's soul. The implementation of the investigation into drug abuse carried out by the South Solok Police Investigators did not run smoothly and experienced several obstacles. The problems discussed. The approach used is a descriptive sociological juridical approach that presents data in accordance with the facts systematically and logically according to the research objectives. The results of the study can be concluded with the following problems:1. There is a report from the community and witnesses are examined, then the suspect is arrested and after sufficient evidence is obtained and the suspect is detained and evidence is confiscated, and the suspect is examined and a report is made and handed over to the public prosecutor. 2. The obstacles faced by investigators are the occurrence of mistaken arrests of suspects, lack of facilities and infrastructure, Suspects are difficult to find because suspects make transactions by moving from place to place, making it difficult for investigators to find suspects. 3. Efforts to overcome obstacles in the investigation are that investigators must be more observant and careful in the arrest process so that there is no mistake in mistakenly arresting suspects with other members of the public, The second way is that the South Solok Police must improve the facilities and infrastructure to conduct investigations, and in overcoming the lack of facilities used by investigators to find other ways, namely by using local community vehicles to continue the arrest, and to overcome the occurrence of mistaken arrests of suspects, namely by dividing groups and scattering in the search for the suspect.

POLITIK HUKUM EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA

DOLA RIZA dan MEITA LEFI KURNIA — Tue, 20 May 2025 00:00:00 +0000

The problem of implementing the decision of the State Administrative Court is that the mechanism for how the decision must be implemented in accordance with the expectations of seekers of legal justice in Indonesia has not been found. The type of research conducted is normative research. The writing of this scientific paper uses primary, secondary and tertiary legal sources. The problem of this legal research is how is the legal policy of executing the decision of the State Administrative Court? The conclusion of this paper is that the legal policy of executing the decision of the State Administrative Court can be carried out by forming a new law or by replacing the old law. With the many weaknesses in the current applicable law and the absence of implementing regulations to overcome the weaknesses of the existing law, the legal policy that can be carried out is to form government regulations on the mechanism and procedures for executing the decision of the State Administrative Court.

UPAYA PENANGGULANGAN PEMBAKARAN LAHAN DI KAWASAN KESELAMATAN OPERASI PENERBANGAN OLEH UNIT ARFF (AIRPORT RESCUE AND FIRE FIGHTING) PT ANGKASA PURA INDONESIA BANDAR UDARA INTERNASIONAL MINANGKABAU

FITRA OKTORINY dan tommy pratama — Tue, 20 May 2025 00:00:00 +0000

The prohibition of land burning activities in the flight safety operation area (KKOP) of Minangkabau International Airport (BIM) West Sumatra has been expressly stated in international and national regulations, in international regulations it is regulated in Annex XIV concerning Aerodrome and national regulations prohibition and sanctions are regulated in Law No. 1 of 2009 concerning Aviation. The impact of this land burning has an impact on disrupting flight operational activities and causing material losses for airport managers and airlines as well as inconvenience for airport service users, but until now land burning activities are still ongoing. The formulation of the problem is How are the efforts, obstacles and ways to overcome obstacles in dealing with land burning in the flight safety operation area (KKOP) by the ARFF (Airport Rescue and Fire Fighting) unit of PT Angkasa Pura Indonesia Minangkabau International Airport, West Sumatra?The problem approach used is sociological juridical, meaning that researchers will study the applicable positive rules, then connect them with the reality or implementation that occurs in the field. The nature of this research is descriptive, meaning that it presents data in accordance with the facts in the field systematically and logically. The results of the study on efforts to overcome land burning in the flight safety operation area by the ARFF (Airport Rescue and Fire Fighting) unit of PT Angkasa Pura Indonesia Minangkabau International Airport are with non-penal efforts as follows: Patrol supervision and prevention of fire hazards by the ARFF unit, direct appeal to the community around the airport, socialization and understanding to the community regarding the impact and legal sanctions for land burning activities in the airport KKOP area and carrying out criminal efforts for perpetrators of land burning in the airport KKOP area, The obstacles faced are the social and economic conditions of the community, Lack of public understanding of the impact and legal sanctions for burning land in the BIM airport flight safety operation area (KKOP), Lack of active role from Government Agencies and the absence of criminal law sanctions for perpetrators of land burning around BIM airport. Efforts to overcome these obstacles are Improving the social and economic conditions of the community through the Corporate Social Responsibility (CSR) program, implementing socialization to the community regarding the prohibition and legal sanctions for land burning activities in the BIM airport flight safety operation area (KKOP) on a scheduled basis, and encouraging the application of criminal sanctions for perpetrators of land burning in the BIM flight safety operation area (KKOP).

PENEGAKAN HUKUM TERHADAP PEDAGANG KAKI LIMA DI KAWASAN PANTAI PADANG BERDASARKAN PASAL 8 PERATURAN DAERAH NO 11 TAHUN 2005 TENTANG KETERTIBAN UMUM DAN KETENTRAMAN MASYARAKAT

MEITA LEFI KURNIA dan BOIZIARDI — Tue, 20 May 2025 00:00:00 +0000

Street vendors can be defined as traders who do not have a permanent or fixed business location. The existence of street vendors in the Padang coastal area, which is located in a densely urbanized area in the West Padang sub-district stretching from the Purus area to the Batang Arau estuary, West Sumatra. It is a serious problem for the Padang city government, this is because it can disrupt the order and comfort of road users and even cause congestion that affects the comfort of visitors and damages the beauty of the beach as one of the leading tourist attractions in Padang City. The problems discussed in this study are 1) How is the law enforcement against street vendors in the Padang coastal area who violate Regional Regulation No. 11 of 2005. The research method used is the Sociological research method, this type of research studies the law as an independent variable / cause that causes influence and consequences on various aspects of social life. This research is descriptive, namely, research that attempts to explain or describe a phenomenon. Data processing used is editing, coding and tabulating. The results of this study indicate that law enforcement carried out by the Public Order Agency (Satpol PP) involves confiscating carts, tables, and chairs from vendors who persist in operating in prohibited areas.

SANKSI ADAT TERHADAP ANGGOTA KAN YANG MENGUASAI TANAH ULAYAT NAGARI TANPA HAK DI NAGARI SIRUKAM KECAMATAN PAYUNG SEKAKI KABUPATEN SOLOK

Joni Zulhendra dan Indah Widyawati — Tue, 20 May 2025 00:00:00 +0000

Customary sanctions against members of the KAN (Nagari Customary Council) Sirukam who illegally control communal land in Nagari Sirukam, Payung Sekaki District, Solok Regency: Land that was considered property rights is returned to nagari land, and the physical ownership letter is revoked and declared invalid. Members of the Nagari Customary Council (KAN) are dismissed and an Interim Replacement (PAW) is proposed. They are dismissed from their positions as niniak mamak and returned to their respective tribes. They are not permitted to bring sahilie samudiak into the nagari until they have paid a fine. Finally, they are ostracized from the Nagari Sirukami customary environment. The process of imposing customary sanctions on members of the KAN (Nagari Customary Council) who illegally control communal land in Nagari Sirukam, Payung Sekaki District, Solok Regency: Members of the Nagari Customary Council (KAN) who illegally control communal land are summoned for questioning at the customary hall

PEMENUHAN HAK PEMBEBASAN BERSYARAT NARAPIDANA PEREMPUAN DALAM PERSPEKTIF UNDANG-UNDANG NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN

Marisa Jemmy dan Gessia Ferandha — Tue, 20 May 2025 00:00:00 +0000

The correctional system in Indonesia is a subsystem of the criminal justice system that serves to rehabilitate, protect, and facilitate the reintegration of prisoners so that they can return to society as responsible citizens. One of the rights stipulated in Law Number 22 of 2022 on Corrections is conditional release, which allows inmates to serve the remainder of their sentence outside correctional facilities under the supervision of correctional authorities. The research questions in this study are: First, how is the fulfillment of the right to conditional release for female inmates addressed under Law No. 22 of 2022 on Corrections? Second, what are the challenges in fulfilling the right to conditional release for female inmates under Law No. 22 of 2022 on Corrections? Third, what efforts can be made to overcome the challenges in fulfilling the conditional release rights of female prisoners from the perspective of Law Number 22 of 2022 on Corrections? The method used in this study is a normative legal approach with a regulatory and conceptual approach, using secondary data obtained through document analysis conducted qualitatively. The results of this study indicate that the fulfillment of conditional release rights is in accordance with the provisions of Law Number 22 of 2022, but in practice, it still faces several obstacles such as administrative delays, lack of guarantors, incomplete court documents, and overcrowding in correctional institutions. Efforts to address these challenges include strengthening coordination between correctional institutions, optimizing administrative services, disseminating regulations to inmates and their families, and enhancing the role of the community in accepting the reintegration of inmates. Thus, conditional release is not only a legal right but also a tool for social rehabilitation in line with the objectives of the Correctional System.

PERANAN PPAT DALAM PENDAFTARAAN TANAH ULAYAT MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH

Yevendri dan Dwikornida — Tue, 20 May 2025 00:00:00 +0000

Land has a very important meaning and role for human life, because everyone needs land during their life until they die and considering the structure of life and the economic pattern of the majority of which is still agrarian and as a country with an agrarian system, land is a very suitable and complex livelihood for each person to achieve prosperity in various fields, where the land itself is also the basic capital in the development of a nation and its benefits must be managed as well as possible including customary land, namely rights that are inherent as a special competence in customary law communities, in the form of authority/power to manage and regulate land and its contents with internal and external validity. In connection with the ownership of rights to customary land, UUPA regulates land registration which aims to provide legal certainty as regulated in Article 19 which reads, "To guarantee legal certainty, the Government shall carry out land registration throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations". The Government Regulation in question is Government Regulation No. 24 of 1997 concerning Land Registration. In Article 37 number (1) of Government Regulation No. Law No. 24 of 1997 concerning Land Registration states: "The transfer of land rights and ownership rights to apartment units through sale, exchange, gift, investment in a company, and other legal acts of transfer of rights, except for transfer of rights through auction, may only be registered if granted by a deed drawn up by an authorized Land Deed Official (PPAT) in accordance with applicable laws." According to Article 1, number 24 of Government Regulation No. 24 of 1997 concerning Land Registration, a Land Deed Official (PPAT), hereinafter referred to as PPAT, is a public official authorized to draw up certain land deeds. Given the importance of PPAT, it is fundamentally closely related to legal acts concerning land rights. To prove legal acts concerning land rights, an authentic deed is required. A public official is someone who carries out some of the public functions of the state, particularly in the field of civil law. The public official referred to above is the PPAT.