Abstract:To determine the rightful heirs must be determined in court voluntarily as regulated in Article 49 Letter b of Law Number 3 of 2006 concerning the Authority of Religious Courts. However, in reality there are heirs who are…
e unwilling to submit an application for the determination of heirs, resulting in the obstruction of the rights of other heirs. The purpose of writing this thesis is to explain the procedures and special requirements in submitting a contentious determination of heirs, to explain the evidence of the applicants against the heirs, and to explain the efforts made to overcome obstacles in determining heirs contentiously. This research is an empirical legal research, data is obtained directly through interviews and literature reviews. Data is collected and then analyzed qualitatively. The results of this study indicate that there are still many heirs who submit the determination of heirs voluntarily with a lack of parties and result in their decisions being declared unacceptable, but in terms of contention there are still many heirs, judges and lawyers who do not know that there are provisions in the Circular of the Supreme Court (SEMA) Number 5 of 2021- Formulation of the Law of the Religious Chamber-2.b there are special procedures and requirements and proof in the submission as well as obstacles and efforts that must be made in the application for determination of heirs contentiously which is different from voluntary. It is recommended that the Sharia Court provide information regarding the new provisions in submitting applications to both lawyers and interested parties in order to obtain legal certainty because many parties do not yet know these provisions.
Abstract:Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims…
to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.
Abstract:In binding the sale and purchase agreement between two parties must be carried out and obeyed in accordance with Article 1338 paragraph (1) of the Civil Code states that an agreement made legally will bind the parties as…
binding as the law and become law for them. The agreed agreement will give birth to obligations that must be carried out by the parties, if not carried out, there will be default due to breach of the agreed agreement. As happened between Baniyamin as the buyer and the late Muhammad Husen as the seller in the binding of the shophouse sale and purchase agreement, there was a default due to the seller not delivering the object of sale and purchase, the buyer had fully paid the price of the shophouse but did not get his rights so that the buyer was disadvantaged in the sale and purchase agreement. The results showed that the buyer made several efforts to obtain his compensation rights for defaults made by the heirs starting from family settlements, giving warning letters twice but there was still no response, and filing a default lawsuit to the Court. The heirs' responsibility for the testator's debt initially planned to pay Rp. 50,000,000. This amount is insufficient from the total loss suffered by the buyer, so that at the time of mediation in the Court the buyer gave the option to the heirs to be able to make payments in stages with a minimum of paying half of the total loss suffered, but the heirs were not able to do so.
Abstract:The distribution of professions in Padang City reflects the relationship between geographical factors and the socio-economic needs of the community. This research aims to analyse the distribution pattern of professions,…
such as the State Civil Apparatus (ASN), advocates, and the press in Padang City in the aspect of social geography studies. The methods used in this research are observation and literature study. Observations were conducted to identify the location of government offices, law firms, and press offices, while literature studies used secondary data from the Central Statistics Agency (BPS) report and thematic maps. The results show that the civil servant profession is concentrated in the centre of government to support the efficiency of public services, particularly in West Padang and East Padang. Advocate firms are located around economic centres and courts, which facilitate access for people who need legal services. Meanwhile, the press profession is concentrated in the city centre to support fast and efficient information distribution. The distribution of these professions is influenced by accessibility, population concentration, and the socio-economic needs of the community. The findings provide an overview of how geographical factors play an important role in the distribution of professions in Padang City. It is hoped that this research can serve as a reference for more strategic development planning and human resource management in the future.
Abstract:This study aims to determine the application of the elements of the crime of premeditated murder under Article 340 of the criminal code in Decision No : W20.U1/25 / AT.05.02/12/2019 and to find out the legal considerations…
ns of the panel of judges in the imposition of penalties against perpetrators of premeditated murder in the decision No. W20.U1/25 / AT.05.02/12/2019.The method used in this study is the technique of data collection by way of research study of documents conducted in the Gorontalo District Court and reading literature and other reading sources as well as interview techniques in which the authors conduct direct questioning to the parties concerned in this case Gorontalo District Court judges, prosecutors and legal experts concerning the object research. The results of this study showed that the application of elements of the crime of premeditated murder law and Decision No: W20.U1/25 / AT.05.02/12/2019 is accurate.the public prosecutor uses the indictment of the first indictment primair Article 340 of KUHP ,indictment subsidiair 338 of KUHP indictment more subsidair 351 paragraph(3) of KUHP and the second indictment 285 of KUHP
Abstract:Based on research results witness or victim protection is regulated in Law no. 13 of 2006 and to find out how the legal protection of the rights of the defendant in criminal cases in Gorontalo the violation of the defendant…
ant was carried out by the investigator both from the beginning of the process until the end of the process. The human rights law must be fulfilled and there are several violations committed by the investigator both intentionally or unintentionally. The defendant's human rights are listed in Law No. 8 of 1981 concerning criminal procedural law in article 98 paragraph 1 explains"If an act which forms the basis of an indictment in an examination of a criminal case by a district court results in a loss for another person, the presiding judge may at the request of that person determine to incorporate the case for the compensation claim to the criminal case".Paragraph (2) explains;"The request referred to in paragraph (1) may only be submitted at the latest before the public prosecutor recommends a criminal charge. In the event that the public prosecutor is not present, the request is submitted no later than before the judge passes the sentence ".The defendant's human rights law is a right that must be carried out by the investigator from the beginning of the process until the end of the investigation process.
Abstract:This study presents the results of a systematic literature review highlighting the effectiveness of game-based badminton learning approaches as a relevant instructional strategy in physical education. A review of eight selected…
elected articles indicates that the integration of game-oriented activities can enhance students’ fundamental technical skills, tactical understanding, and enthusiasm throughout the learning process. An in-depth analysis of the findings reveals that learning models that position students at the center of activity are able to facilitate more meaningful learning experiences through game situations that closely resemble real on-court conditions. Furthermore, the interaction patterns created through game activities contribute to the development of psychomotor skills and increase students’ readiness to engage confidently in competitive scenarios. Evaluation of various forms of implementation suggests that game-based learning innovations, whether through structured models or application-based media, hold significant potential to improve the quality of badminton instruction. Nevertheless, this review also identifies several challenges, including limited long-term studies, research concentration at specific educational levels, and insufficient exploration of affective and cognitive variables. These findings emphasize the need for further research with broader coverage to gain a deeper understanding of how game-based approaches can be implemented sustainably and deliver optimal benefits for students’ competency development across diverse physical education contexts in Indonesia.
Abstract:This study examines the enforcement of criminal law in relation to the offense of aggravated theft as adjudicated in the District Court Decision of Amlapura No. 60/PID.B/2024/PN Amlapura, wherein the Defendant, Jana alias…
s Tobi, was found legally and convincingly guilty of committing aggravated theft as stipulated under Article 363 paragraph (1) point 4 of the Indonesian Penal Code (KUHP). The objective of this research is to analyze the application of criminal law in the aforementioned case, with a particular focus on two principal legal issues: (1) how law enforcement was implemented in the case in question, and (2) how the judicial decision aligns with the foundational legal principles of justice, legal certainty, and utility. The research employs a normative juridical method with a descriptive-analytical approach, and utilizes both the theory of law enforcement and the theory of criminal acts as the conceptual framework. The findings indicate that all elements of the criminal offense under Article 363 paragraph (1) point 4 of the Penal Code were fulfilled, and that the panel of judges duly considered both aggravating and mitigating factors in a balanced manner. Nonetheless, further analysis reveals that the Defendant’s role in the commission of the offense was more auxiliary in nature, thereby suggesting that the normative application of Article 55 of the Penal Code would have been more appropriate. This misapplication of legal provisions potentially gives rise to substantive injustice and opens the possibility for further legal remedies. The study concludes that although the formal procedures of law enforcement were conducted in accordance with prevailing legal standards, there exists a substantive deficiency in the identification of the perpetrator’s role, which adversely affects the overall fairness of the verdict. The novelty of this research lies in its critical analysis of the accuracy of judicial application of substantive criminal norms and the imperative of rigorous judicial reasoning in sentencing, aimed at reinforcing the integrity and consistency of the Indonesian criminal justice system.
Abstract:This study discusses women’s rights in divorce decisions at the Kuala Tungkal Class 1B Religious Court based on the perspective of Maqashid Syari’ah. Women’s rights decided in divorce, such as iddah maintenance, mut’ah,…
t’ah, child custody, and property division, are analyzed in terms of their suitability with the main objectives of Islamic law, namely protection of religion, soul, descendants, mind, and property (Maqashid Syari’ah). This research uses qualitative methods with the normative legal approach. to examine court decisions and how the laws applied reflect the principles of Maqashid Syari’ah. The results of the study indicate that divorce decisions at the Religious Court have considered women’s rights proportionally, although there is still room for further adjustment to be more in line with the essence of Maqashid Syari’ah, especially in terms of economic protection and gender justice. This study recommends the need to strengthen the integration between positive law and sharia principles to better guarantee women’s welfare after divorce.
Abstract:Abstract: Storage media is an inseparable tool in everyday life. With storage media, users can store important data, both personal and workplace. In addition, in many cases, Indonesian law uses storage media as evidence.…
The Electronic Information and Transactions Law (UU ITE) regulates how the provision of digital evidence can be strong evidence in court. This study examines the forensics of digital evidence on storage media with four test scenarios. Digital forensic processing uses forensic processes based on the National Institute of Standards and Technology (NIST) guidelines. This study produces an analysis in which evidence processed with scenarios 1 and 4 is valid digital evidence to be submitted to court, while evidence 2 and 3 is invalid evidence. The results of this digital evidence can be used for investigations under the ITE law.
Keywords: autopssy; digital forensics; storage media; FTK Imager.
Abstrak: Media Penyimpanan merupakan alat yang tak terpisahkan dari kehidupan sehari-hari. Dengan Media Penyimpanan, pengguna dapat menyimpan data penting, baik pribadi maupun tempat kerja. Selain itu, dalam banyak kasus, hukum Indonesia menggunakan Media Penyimpanan sebagai alat bukti. Undang-Undang Informasi dan Transaksi Elektronik (UU ITE) mengatur bagaimana penyediaan alat bukti digital menjadi alat bukti yang kuat di pengadilan. Penelitian ini mengkaji forensik terhadap alat bukti digital pada Media Penyimpanan dengan empat skenario pengujian. Pemrosesan forensik digital menggunakan proses forensik berdasarkan panduan National Institute of Standards and Technology (NIST). Penelitian ini menghasilkan analisis di mana alat bukti yang diproses dengan skenario 1 dan 4 merupakan alat bukti digital yang sah untuk diajukan ke pengadilan, sedangkan alat bukti 2 dan 3 merupakan alat bukti yang tidak sah. Hasil dari barang bukti digital ini, dapat digunakan untuk penyelidikan didalam undang-undang ITE.
Kata kunci: otopsi; forensik digital; media penyimpanan; FTK Imager