Journal Justice

ANALISA YURIDIS TENTANG KEABSAHAN PERJANJIAN TANPA MATERAI

2024-05-15T12:37:58+00:00

An agreement letter that does not use a stamp does not mean it is invalid because an agreement is valid if the four conditions for a valid agreement are fulfilled based on Article 1320 of the Civil Code, whereas stamp duty is as regulated in Law Number 10 of 2020 concerning Stamp Duty that Stamp Duty is a tax imposed on a document. . Stamp duty states that agreements and other documents made with the aim of being used as evidence regarding actions, facts or circumstances of a civil nature are imposed on those documents. To obtain legal certainty for an agreement, it must be carried out in accordance with the legal provisions or norms that apply in society. The absence of a seal in an agreement (for example, a sale and purchase agreement), does not mean that the legal act (sale and purchase agreement) is invalid. Meanwhile, the legal act itself remains valid because whether an agreement is valid or not is not whether there is a seal, but is determined by Article 1320 of the Civil Code.

Meanwhile, if a letter of agreement does not use a stamp, if it is used as documentary evidence in a civil case in court, it must be stamped first at the post office as a tax document. In a civil case or throughout the entire trial stage in the selection of a civil case, evidence plays a very important role, and one of the first pieces of evidence is a letter which can be said to be a document.

Keywords: Agreements without a stamp are still valid.

TINJAUAN YURIDIS PERJANJIAN DAMAI SEBAGAI DASAR PENCABUTAN PENGADUAN DAN LAPORAN DI KEPOLISIAN PADA PROSES PENYIDIKAN TINDAK PIDANA

2024-05-15T13:07:27+00:00

Withdrawing a police report by the reporter is something that is justified in law enforcement in Indonesia. The mechanism for withdrawing a report is regulated in Article 75 of the Criminal Code that "the person who files a complaint has the right to withdraw it within 3 (three) months after the application is submitted", so based on the withdrawal of the complaint the criminal case can be stopped or closed. In relation to the legal impact of withdrawing a police report as regulated in Article 75 of the Criminal Code, the legal process cannot be continued and the prosecution becomes null and void. Meanwhile, the appropriate solution in resolving criminal cases is non-litigation. Non-litigation settlement is the settlement of cases outside of court. Then another name for non-litigation resolution at the police level is regulated in the Regulation of the Chief of Police of the Republic of Indonesia Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice in Article 3 point (1) that "handling of criminal acts based on restorative justice must fulfill general and/or special requirements. The application of restorative justice is a form of certainty and justice for both the reported party and the victim. Apart from that, the resolution of restorative justice cases must be socialized in a structured, systematic and massive manner to the community so that legal certainty, legal benefits and legal justice are achieved.

Keywords: Revocation, Restorative Report

TINJAUAN HUKUM DALAM MENGAMANKAN BARANG BUKTI TINDAK PIDANA NARKOTIKA

2024-05-15T13:22:16+00:00

Narcotics crime is a crime that is very disturbing among Indonesian society, because this crime can be endemic to all ages, not just adults. Therefore, the government issued a law that regulates narcotics, the most recent of which is Law Number 35 of 2009, which regulates all matters regarding narcotics crimes and the role of the police in the process of investigating narcotics crime cases, and the government established a special State Institution to tackle Narcotics Crime, namely the National Narcotics Agency.

The role of the Police as Investigators in securing evidence of Narcotics Crimes, namely, the Investigation Task is carried out by the Police of the Republic of Indonesia, where the duties and responsibilities of investigators carried out by the Police are stated and regulated in Indonesian Positive Law, including in the Code of Laws. Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and Law Number 35 of 2009 concerning Narcotics, and regarding the responsibilities and obstacles of the police as investigators in securing evidence of Narcotics Crimes in the jurisdiction of the Kutai Police. Kartanegara namely, to determine the parties responsible for securing evidence in terms of maintaining and managing narcotics evidence is very important, this aims to determine which party is authorized and responsible for the management and receipt of narcotics evidence. Responsibility for managing and maintaining evidence is divided into three, namely juridical responsibility, administrative responsibility and physical responsibility.

that there are two fundamental obstacles in securing Narcotics evidence at the Kutai Kartanegara Resort Police, namely internal obstacles and external obstacles.

Keywords: Evidence, Narcotics

ALTERNATIF SUPREMASI HUKUM DI INDONESIA DALAM PERSPEKTIF ISLAM

2024-05-15T13:28:24+00:00

The rule of law is highly desired by Indonesian society today. However, to realize this dream, it is not enough just to use laws, but must pay attention to three legal phenomena, namely; Legal substance, legal structure and legal culture, in the sense of consistency between law in books and law in action. The supremacy of law in Indonesia has not been realized due to three factors which are the main obstacles, namely; 1) community quality of life factors, 2) problem formulation factors, 3) human resource quality factors. As a result of these three obstacles, it is the cause of Indonesia's decline in all fields. To anticipate the downturn that the Indonesian nation is currently experiencing, an alternative that needs to be considered is a religious and moral approach, in the sense of fostering moral character.

Keywords: Supremacy of Law, Religion and Morals