Papers by Hj.Aryani Witasari,SH,M.Hum
Law Development Journal, Aug 16, 2022
The purpose of this study is to examine and analyze the legal protection of victims of sexual int... more The purpose of this study is to examine and analyze the legal protection of victims of sexual intercourse in the criminal justice process against residents who experience mild mental retardation. The approach method used is empirical juridical lemphasizes obtaining legal knowledge empirically by going directly to the object with the theory of intentionality and will towards the problem under study. The results of the study that the application of legal protection for victims of the crime of sexual intercourse in the criminal justice process for victims of crime, especially victims of mild mental retardation/intellectual disability, to get protection in the form of granting victims' rights. The existence of compensation in the form of compensation, restitution and rehabilitation provided by the perpetrator to the victim considering the impact caused by the perpetrator's actions, physical, social, and psychological impacts. Although the defendant was sentenced to imprisonment for 7 (seven) years and 6 (six) months. The sentence handed down to the perpetrator is not commensurate with the suffering experienced by the victim.
Jurnal Pembaharuan Hukum, Apr 3, 2020
This study is based on the legal positivism concept, which states that norms are written, made an... more This study is based on the legal positivism concept, which states that norms are written, made and promulgated by state authorities, and uses a qualitative method to produce a description of the fair coaching pattern. Correctional Institutions have a very strategic task as the most potential place in realizing the objectives of punishment with coaching. However, this cannot be realized without the awareness of the inmates themselves. To realize this, the Correctional Institution functions as an educational institution that provides useful training for inmates to create, produce, and excel. They have the same opportunity as other community members to be able to contribute as active and productive community members in development. Thus, the fair coaching pattern of inmates is implemented with the correctional system and, basically, a situation/condition that allows for the realization of correctional objectives in accordance with the definition of coaching i.e. the process carried out by the Correctional Institution to inmates. For better and fairer coaching without any discrimination, the Corrections Institution should carry out its main duties as stipulated in the Ten Correctional Principles.
Law Development Journal
The objectives to be achieved in this study are to find out the factors causing the rampant gambl... more The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said...
Law Development Journal
The purpose of this study is to examine and analyze the legal protection of victims of sexual int... more The purpose of this study is to examine and analyze the legal protection of victims of sexual intercourse in the criminal justice process against residents who experience mild mental retardation. The approach method used is empirical juridical lemphasizes obtaining legal knowledge empirically by going directly to the object with the theory of intentionality and will towards the problem under study. The results of the study that the application of legal protection for victims of the crime of sexual intercourse in the criminal justice process for victims of crime, especially victims of mild mental retardation/intellectual disability, to get protection in the form of granting victims' rights. The existence of compensation in the form of compensation, restitution and rehabilitation provided by the perpetrator to the victim considering the impact caused by the perpetrator's actions, physical, social, and psychological impacts. Although the defendant was sentenced to imprisonment ...
Jurnal Akta, 2018
Franchising is essentially a marketing concept in order to expand a business network quickly. Fra... more Franchising is essentially a marketing concept in order to expand a business network quickly. Franchising is not an alternative, but one way that is as strong and strategic as the conventional way of developing a business. In a franchise agreement, the role of a notary is required even though the franchise agreement itself is a standard agreement without a notary. However, in order to make the deed of the agreement is more authentic, the role of a notary is necessary to ensure the legal protection. The research method used was normative juridical. Normative legal research is a legal research conducted by reviewing materials derived from various laws and other materials from various literatures. Based on the results of research and discussion, it can be concluded that the role of Notary is important in making the deed of the franchise agreement in addition to preventing the occurrence of misappropriation (negligence or default) of one party. The notary also ensures the legal protecti...
Universitas Islam Malang, Feb 25, 2021
Motivation is the important thing for better achievement in studying English. The aim of this stu... more Motivation is the important thing for better achievement in studying English. The aim of this study is to figure out the correlation between students" motivation and their English learning achievement at Madrasah Aliyah Hidayatul Mubtadi"in Lowokwaru Malang. The researcher collected the data from questionnaire and documentation, then analyzed the data through percentage of questionnaire using Pearson product moment coefficient of correlation SPSS 20. This study involved 43 students of second grade Madrasah Aliyah Hidayatul Mubtadi"in Lowokwaru Malang. The findings of this research showed that the descriptive statistics analysis of motivation score of the participants, the maximum score is 69, and minimum score is 40; the mean of the motivation score is 54.81. For English learning achievement, the maximum score is 100, and the minimum score is 35, the mean of the English learning achievement score is 72.79. The relationship is showed by the .669 Pearson correlation, which is significant at the .05 level, where it is higher than the .301 correlations coefficient table. This indicated that the null hypothesis is rejected and the alternative hypothesis is accepted. In conclusion, the correlation coefficient showed that there was significant relationship of both variables. There is a correlation between students' motivation and their English learning achievement. From the statistics above show that motivation is very influential for 2 nd grade students of Madrasah Aliyah Hidayatul Mubtadi"in Lowokwaru Malang. It means that they had a pretty good motivation to learn, but still need for development in order to reach optimal learning results.
Sultan Agung Notary Law Review, 2021
The purpose of this study is to analyze and explain the implementation of the cancellation of a n... more The purpose of this study is to analyze and explain the implementation of the cancellation of a notarial deed which can be canceled by law. To analyze and explain the legal implications of the cancellation of a notarial deed .The method used by the researcher is Sociological Jurisdiction and The specifications in this study are descriptive. Based on the results of the study that Implementation of Cancellation of Notary Deeds which can be canceled according to law is the cancellation of notarial deeds can occur due to several things that objective conditions are not fulfilled; absolute incompetence; inability to act; relative incompetence; contrary to the law; public order or decency; fulfillment of legal events in the agreement on the condition that it is void; a defect of will; abuse of circumstances; default as a condition of cancellation; non-fulfillment of formal agreements. Legal Implications for Cancellation of Notary Deed, namely canceled notary deed, cancelable notary deed, ...
Sultan Agung Notary Law Review, 2021
This research aims to know the responsibilities of the notary in the event of letter forgery by t... more This research aims to know the responsibilities of the notary in the event of letter forgery by the parties in making the authentic deed and whether a notary can be held responsible for a criminal case if a loss occurs to one of the parties as a result of a false document from one of the parties. The approach method in this research is empirical juridical method. The specification of this research is descriptive analytic. The data in this study are primary data and secondary data. These problems are analyzed using the theory of authority, theory of legal responsibility. Based on the results of that research when a Notary in carrying out his position is proven to have committed a violation, then the Notary is responsible according to his actions, both in terms of Administrative Law, Civil Law, namely in accordance with the provisions of the sanctions contained in Articles 84 and 85 of the Law on Amendments to the Law on the Position of Notary Public and code of conduct. A notary cann...
Sultan Agung Notary Law Review, 2021
The making of the grant deed must be carried out in the presence of an official authorized to mak... more The making of the grant deed must be carried out in the presence of an official authorized to make the deed, this is in accordance with the provisions contained in article 1682 of the Civil Code. In the case of land grants, the deed of grant is made before or by the Land Deed Making Official (PPAT). In making the grant deed, the Notary has an important role. The notary also keeps the deed of grant that has been made. The approach method used is normative juridical. The result of this research is that the authority of the Notary in making the Deed of Grant Agreement based on the Civil Code is in Article 1666 of the Civil Code which confirms that grants can be made and Articles 1671, 1672, 1687 of the Civil Code. The implementation of the land grant agreement made by a Notary on the basis of his authority must refer to the Civil Code in formulating the clauses in the Deed of Grant Agreement. Notaries are required to keep the contents of the deed and information obtained in the exercis...
Law Development Journal, 2021
The purpose of this research is to identify and analyze obstacles to shipping activities and solu... more The purpose of this research is to identify and analyze obstacles to shipping activities and solutions for law enforcement at sea to support shipping activities/sea tolls programs. The specification of this research is descriptive analytical, and the approach to the problem is carried out in a normative juridical manner, to examine national and international laws and regulations in the shipping sector. The data used are secondary data from primary legal materials, secondary legal materials and tertiary legal materials, which are collected through literature study, and analyzed using qualitative analysis methods, and presented described descriptively. The results of the study indicate that the obstacles in shipping activities/sea tolls programs are the many law enforcement agencies at sea which have overlapping authority to stop and inspect ships at sea, so the best solution is to have an integrated security system under one civil institution to be effective and efficien  to support ...
Jurnal Akta, Sep 25, 2019
The purpose of this study was to analyze: 1) The implementation of the Deed of Establishment of C... more The purpose of this study was to analyze: 1) The implementation of the Deed of Establishment of Cooperative manufacture in Rembang. 2) The role of the Notary as the maker of the Deed of Establishment of Cooperative Enterprises. 3) Barriers and solutions in the Deed of Establishment of Cooperative Development in Rembang. The approach method in this research is juridical empirical, data sources used are primary and secondary data obtained through interviews and literature study, performed data analysis by descriptive analytic. Results of the research results can be concluded: 1) Implementation of Creation Deed of Establishment of Cooperative in Rembang which starts with the preparation stage of formation, preparation stage meetings of formation, stage meetings of formation, stage request for approval rights of legal entities cooperatives, and the stage of issuance of the deed pendiiran and 2) As the role of Notary Deed of establishment of cooperative enterprises in Rembang is as maker deed of cooperative efforts. Notaries have the right authority / legal standing in a deed of incorporation of cooperatives. 3). Obstacles and solutions in the Deed of Establishment of Cooperative Development in Rembang of the cooperative is a member of the cooperative awareness level is still low, less managerial capacity, and limited capital resources. Barriers of Notary Public Notary is still much limited knowledge of Notary Deed Official Cooperation (PPAK) and the low interest of the Notary Deed Cooperative (NPAK) in Rembang district were registered for the Legal Entity Administration System Cooperative (SISMINBHKOP). With the state of a society, then the Office of Industry Trade Cooperatives and Small and Medium Enterprises Rembang should seek to build cooperation between the Notary in Rembang with the Agency's own cooperative.
Jurnal Pembaharuan Hukum, 2021
The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate a... more The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in househol...
Jurnal Akta, 2018
This study aims to conduct a study that jurisdiction over on mudharabah at. Bank Tabungan Negara ... more This study aims to conduct a study that jurisdiction over on mudharabah at. Bank Tabungan Negara (BTN) Tbk. SBU Branch of Semarang and to know mudharabah implementation constraints on PT. Bank BTN Tbk. SBU Branch of Semarang and how to overcome them. The research method used is normative, the source of the data used are secondary data gathered through identification and inventory of legislation and library books interviews as supporting data, then the data is analyzed by qualitative normative method.Based on the results of research and discussion we concluded that the Agreement Mudharabah is a partnership contract by PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch of Semarang to customers of PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch of Semarang as shahibul maal finance, hundred percent of funds to the client (mudharib). Implementation mudharabah in PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) the new branch also com...
Jurnal Akta, 2020
The purpose of this study was to: 1) Knowing and To study Role in Making of Notary Deed of Limite... more The purpose of this study was to: 1) Knowing and To study Role in Making of Notary Deed of Limited Liability Company in order to boost the economy in Indonesia. 2) Knowing and To study Roles and Responsibilities of the Notary in order to boost the economy in Indonesia 3) Know and To study barriers of Notaries in Deed Limited Liability Company in order to boost the economy in Indonesia. The method used sociological juridical research specification employed is normative, data retrieval methods used primary data and secondary data, and then analyzed with descriptive analytical method.Based on the results of data analysis summarized that: 1) The role of the Notary of the government in economic development in Indonesia give legal certainty and legal protection in the field of engagement and agreement 2) the presence of a notary becomes the spirit of the country's economic and social life and economic growth of Indonesian society. 3) barriers of notaries are facing is the technical su...
The implementation of internships for Notaries is very important, however, in reality the awarene... more The implementation of internships for Notaries is very important, however, in reality the awareness of the Notary candidates has not been carried out effectively, this is due to the practicality of prospective Notaries who want to practice immediately so that not infrequently, the internships are not carried out according to the time set by the existing regulations. The method in this writing is descriptive analytical. Based on the available data, it is found that in fact the effectiveness of the extension of the internship period is 12 (twelve) months to 24 (twenty four) months depending on the intention of the prospective notary who interned himself. Some notaries experience difficulties and experience confusion when opening an office even though they have undergone an internship period of 24 (twenty four) months. This is because they do not take advantage of time and do not undergo apprenticeship activities properly. The absence of an internship implementation guideline and the a...
Jurnal Akta, 2018
On Article 91 paragraph 1 of Act No. 28 of 2009 on Local Taxes and Levies otherwise PPAT can only... more On Article 91 paragraph 1 of Act No. 28 of 2009 on Local Taxes and Levies otherwise PPAT can only sign the agreement of transfer of rights to land and or building after the taxpayer to submit proof of payment of taxes, in the form of Tax Payment (SSP) of the Sellers and Slip Tax on Acquisition of Land and Building (SSB) of the Purchaser, The question that arises from this problem is: What is the Role and Responsibility of the Agreement Official Land in Tax Administration BPHTB Transaction Purchase land or buildings in the city, How Procedure of Tax Administration BPHTB of the transaction Purchase land or buildings in the city, Constraints and Fighting in BPHTB Tax Administration on Sale and Purchase Transactions land and or building in the city of Semarang. Juridical approach method using empiris.Data used are primary and secondary data. Methods of data collection using interviews and literature. Methods of data analysis using qualitative analysis.The location was selected the city,...
Indonesia as the country with the largest Muslim population in the world, since approximately 25 ... more Indonesia as the country with the largest Muslim population in the world, since approximately 25 years ago trying to get out of the slump economic problems. One effort in doing it is to fix the economic system we particularly of financial institutions with a switch using Sharia system. Banking financial institution as the economic backbone of Indonesia sought to apply Islamic principles in accordance with the provisions of the Qur'an and Al Hadith and what is regulated in the Law Compilation of Islamic Economics. The application of Sharia principles in this new start in 1992, namely by in the operation of Bank Muamalat Indonesia. Prior to 1992, the Indonesian economy are not familiar with Islamic principles in accordance with the Qur 'syariah principle has been applied by the banking institutions including Bank Muamalat Indonesia is in a start since its establishment, the principle is divided into three areas : 1. Sharing System (avoid riba) 2. Buying and selling on margin s...
Scholars International Journal of Law, Crime and Justice, 2021
The provisions for the formation of a Notary's position as regulated in Law Number 2 of 2014 conc... more The provisions for the formation of a Notary's position as regulated in Law Number 2 of 2014 concerning Notary Office basically need to be used as an additional requirement for the appointment of a Notary, so that it cannot create multiple interpretations between the terms of the appointment of a Notary and the provisions for the formation of a Notary's position. Therefore, it is necessary to make a study that examines the weaknesses of the zoning arrangement for notary positions in Indonesia at this time and how to reconstruct the zoning arrangements for a notary position in Indonesia that is just studied using the socio-legal approach method, namely by conducting reciprocal research between law and nondoctrinal institutions. is empirical/ social in analyzing legal principles that apply in society. The results showed that the arrangement of zoning expansion of notary positions in Indonesia has not been able to solve the problem of equal distribution of notaries. Permenkumham Number 27 of the Year 2016 concerning Formation of Notary Positions and Determination of Regional Categories. The minister's authority to appoint notaries in certain districts/ regions is limited according to the existing formation. Constraints and solutions in the arrangement of zoning for notary positions in Indonesia that the placement of Notaries is in accordance with their designation, due to the fact that the submission of work placements by Notaries is not evenly distributed, many Notaries ask for formations in big cities only, Notaries rarely apply for placements in small cities, To overcome this the Government issued a regulation, namely Decree No. M.01.HT.03.01, of the Year 2003, Concerning Notaries Article 5 in conjunction with Decree No.M.01.HT.03.01, of the Year 2006 concerning Terms and Procedures for the Appointment, Transfer and Dismissal of Notaries. Seeing these problems, the Reconstruction of zoning expansion arrangements for notary positions in Indonesia based on the value of justice is needed. Namely by realizing the distribution and distribution of notaries in every district or city that is good and correct according to the needs of the community.
Jurnal Hukum, 1970
Arbitrase sebagai salah satu alternatif dalam penyelesaian perkara khususnya perkara yang dapat d... more Arbitrase sebagai salah satu alternatif dalam penyelesaian perkara khususnya perkara yang dapat didamaikan banyak diminati oleh kalangan pelaku usaha, karena sifat kerahasiaannya dan diselesaikan dengan waktu yang sudah ditentukan oleh undang-undang (Undang-undang No.30 tahun 1999).Proses persidangan arbitrase dipimpin oleh seorang arbiter, baik tunggal maupun majelis, yang penting jumlah arbiter adalah ganjil.Hal ini dimaksudkan untuk memudahkan di dalam mengambil keputusan. Sebagai seseorang yang di amanahi untuk menjadi seorang arbiter adalah mengemban tugas yang tidak ringan. Dia harus dapat adil, tidak memihak, serta dapat menyelesaikan tugas yang diberikan dengan memberikan hasil putusan dalam jangka waktu yang sudah ditentukan oleh undang-undang, yaitu 180 hari dengan perpanjangan waktu 60 hari.Waktu yang telah ditetapkan oleh undang-undang no.30 tahun 1999 tersebut di atas harus benar-benar di jalankan oleh seorang arbiter, sebab jika tidak, maka dia di ganjar untuk mengemba...
Jurnal Hukum, 1970
Notary is apublic official who runs most of the public functionsin the state, especially in the c... more Notary is apublic official who runs most of the public functionsin the state, especially in the civil law. Notary has authority to make authentic certificate of all deeds, agreements, and regulations which is obligated by legislation or which is desired by an interested party, to be declared in the deed authentic, guaranteeing deed date, saving certificates, giving grosse, copies and citations of certificates, all along the deed is not assigned or excluded to the officer or other person which is specified by law.In the authority need to carry out surveillance and MPD is the only aut horized institution to implement surveillance, inspection and giving punishment toward notaries in the district/city. The institution exists of Region Supervisor Council and the Central Supervisors Council.MPD has a special authority which can be run to check notary relate to the investigators request, prosecutors or judges to take a photocopy minuta or other documents which is attached to the minuta or ...
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Papers by Hj.Aryani Witasari,SH,M.Hum